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Coastal Zone Information Center COASTAL ZONE INFORMATION CENTER A REPORT ON THE NATIONAL INTEREST IN THE COASTAL ZONE HC106.6 .m3 C4 1974 TABLE OF CONTENTS Section:I: Introduction and Philosophy 1 Section II: Interpretation of the National Interest 12 Provision of the Coastal Zone Management Act Section III:. Section 307 (c)(d)--Interagency Coordination and Secretarial Powers 26 Appendix A: National Interest Guide . . . . .. . . . . . . Al Appendix B: User's Matrix Bl Appendix C: Case Study of Adequate Consideration" Cl of the National Interest in the Siting of a Facility Appendix D: Coastal Zone Management Act of 1972 . . . . Dl Bibliography Property of CSC Library US Department of Commerce NOAA Coastal Services center Library 2234 South Cobson Avenue Charleston, SC 29405-2413 I. :Introduction and Philosophy The coastal zone is one of the most productive and valuable areas-on earth, in terms of resources for meeting human needs. it also sustains the largest concentration of habitation, indus try, power-generation facilities, recreational activities, and wastes from these uses. Indiscriminate use of the resources of the-coastal zone, instead of selective use, conservation, and just good management of this valuable area threatens the continued supply of food, energy, and minerals which come from this area; threatens our right to reside and work in this Area; threatens the pleasures we derive from coastal recreational Activities; threatens the enrichment we receive from the aesthetic values found there. For, while rich in resources, our coastal zones are fragile and Vulnerable to human destruction. Many valuable natural areas, once lost, can never be retrieved. An insult to this coastal system, however minor, will eventually be paid for by decreased value of the system to man in the form of depleted resources or deteriorated water quality. In this light., harmony of mane s uses with the physical, chemical, and biological function- ing --in short, the total ecological functioning--of the System should be the overriding goal., About seventy-five percent of the population of the United States lives in states bordering the Atlantic, Pacific and Gulf-coasts and the Great Lakes. This population is increasing Ketchum, Bostwick H., ed., The Waters Edge-. Critical Problems of the Coastal Zone. Cambridge, MA:.The MIT Pres's, 1972, pp. 15-16. -2- 2 faster than that of the nation as a whole. industries and power plants locate an the coasts, in response to available markets and for the-large volumes of available water, which they need for manufacturing and cooling processes. Waterways have@-been used,as transportation routes and sewage disposal S ystems since tho'country has been inhabited. Millions ofj 3 people (the number is expected to be 77 million by 1975) use the coastal zone for fishing, boating, swimming, nature- .watching, and other recreational pursuits. Agrowing number of people are purchasing vacation or retirement homes by the water. Finfish, shellfish, and kelp provide an important. food resource. Major petroleum and gas, sand and gravel, and other mineral resources, lie off the coasts. Some of these resources lie miles from land,,in areas less vulnerable to destructive 'alteration than thecoastal zone, but the'y.will affect,,the zone in.terms; of ancillary development. Outer continental shelf petroleum drilling, for instance, will require pipelines,@refineries, tank farms, crew qu.arters,.and other onshore facilities. The development of these resources has.already resulted 2 Science and Environment, Vol. I, Panel Reports of the.Com- mission on Marine Science, Engineering, and Resources..Washington, D.C.: U.S. GovernITLent 'Printing Office, 1969, p. III-10. 3 Ketchum, p. 84, -3 in degradation of the coasts. Marshes and wetlands have been dredged and filled, causing losses of fin and shellfish nursery and spawning grounds, grounds on which the majority of. the nation's commercially valuable marine species depend for their existence. 4 Beach and bluff open space has been crowded with vacation homes-and commercial establishments. Other, aesthetic and natural values--scenic areas, wildlife habitat, solitary beaches-attributes which many seek in the coastal zone, have been lost or degraded. Increasing water pollution has closed shellfish beds and swimming areas. The litany can go on and on. There are two major reasons why the coastal zone has suffered from degradation and destructive use.. First, the management of the zone has been fragmented and overlapping,. bringing Jurisdictional authorities into conflict. Local municipalities have traditionally controlled their immediate land and some water areas with zoning And other regulatory Powers, States have controlled the water, seabed and subsoil to three miles of territorial limit, And have acquired some degree of control on land in areas such as state taxation and regulation of wetlands. At sea, the federalgovernment has, reserved to itself only those Constitutional powers, within the three-mile limit, of interstate commerce, navigation, defense, and conduct of international affairs. on land, however, 4 Science and Environment, 111-21. and in some- -cases at seafederal ac out individual jenci.es carry projects and administer. grant,programs dealing with coastal activities, as- well as selling leases and lic ensing projects for other publiclor private bodies to perform. In. addition, state/federal or r,eS(ional/federal agencies, such as the River Basins Commissions, operate in this area along with regional (interstatel andarea-wide (intra-state), planning agencies. The multiple political interests and power,structures in the coastal zone have 'made it difficult to-manage. Overlapping jurisdictions that we cannot ignore cause non-uniform quide- lines-and regulations. Furthermoref in traditional resource management or planning, man has dealt with each res ourcesub-system individually-- the land,, the water, and the submerged. We,lneed to view the coastal lands@ zIone as, a natural system in order to utilize.resources in harmony with the ecological web that characterizes this zone.. This pattern of regulation has, -making ,,,Pften led todecision based.on local concerns@f which can be detrimental to local, state, regional, and national concerns, and which tend to ignore the need to manage'ecosystems as interrelated wholes. Hence, the result of such*.locAlized decision-making can be misalloca- tion and unbalanced utilization of coastal zone resources. A'second reason for coastal zone ills is that the economic market, the systemtraditionally used in this' country to allo cate resources, suffers from an inability to handle those public:or common gooda which. are difficult or impossible to price in dollar terms., SUchgoods include air and water, Ketchum, P. 19'. 5 and scenic, ecological, historic and cultura 1 characteristics. Public goo,ds,also include'certain kinds of developments such as public beaches, whichwould not return much to.a private investor., and are', therefore, generally provided for publicly. The inability of the market to handle these goods,is the result of.the diversity of values in our society. Public goods 'are valued differently by different groups. Some people value.,beauty far more than others, for instance, and they would'attach a.much higher price to scenic values, if they would even admita price might be possible. Land use decisions, which@fre4uently involve considerations of these multi-valued commodities, come to be decided in the political process, where@groups with differing values can compete to make the decision, or at least take part in it, thus assigning a certain value to the resource. Thirdly, because common goods belong to an extremely disaggregated.group" that segment of the general public which values them as a whole has had no strong interest group, until.the recent emergence of the environmental movement, to articulate the xalue of these goods to society. Certain other values, however, notably economic development, have had strong groups to articulate them (i.e.., to value them in terms of market price), so that themarket could take them into consideration. Thus,.because of divergence of societal values, our inability to deal with unpriced goods, and the disaggregation of groups benefitting from common goods, economic development values have been overrepresented in decisions about coastal zone use, while ecological,'scenic, aesthetic and other such value's have been underrepresented. In 1969, the Stratton Commission report, Our Nation and 6 the Sea first brought coastal zone problems into widespread public view.. In Order to allow for rational, integrated, and efficient management the commission recommended establishment of a federal coastal zone program, with major authority for 7 planning and management resting at the state level. Congress 8 responded first with information and discussion hearings, then with several-bills and further hearings. 9,10,11 Report of the Commission of Marine Science, Engineering, and Resources. Washington, D.C., U.S. Government Printing Office, 1969. 7 Science and Environment, p. 3-2. 8United States Congress, House Committee on Merchant Marine and Fisheries. Subcommittee on oceanography.... Coastal-Zone Management Conference. Hearings, Ninety-first Congress, first session, October 28, 29, 1969. Washington, D.C., U.S. Government Printing Office, 1969. 9 United States Congress. Senate Committee on Commerce. subcommittee on Oceanography. Federal Oceanic and Atmospheric. Organization. Hearings, Ninety-first Congress., First and second sessions, on S. 2802, S. 2393 ... March 23; April 2, 9, 14, 16, 21; and may 4, 1970. Washington, D.C., U.S. Govern- ment-Printing Office, 1970. 10 United States Congress. Senate Committee on Commerce. subcommittee on Oceans and Atmosphere. Coastal Zone Management. Hearings, Ninety-second Congress, first session, on S. 582, S. 632 ... National Coastal And Estuarine Zone Management Act of 1971, May 5, 6, and ll, 1971. Washington, D.C., U.S. Government Printing Office, 1971. United States Congress. House-Committee on merchant Marine and Fisheries. subcommittee onOceanography. 'Coastal Zone Management: Hearings, Ninety-second Congress, first Session., on H.R. 2492, H.R. 2493, H.R. 9229. June 22, 23, 34; August 3, 4, 5; November l, 9 1971. Washington, D.C.,U.S. Govern- ment Printing Office, 1972. -7- At,about this same time, Congressbegan to investigate federal. aid to land-use planning for the entire country, not only for the coastal zone. For a time, the two programs evolved toget- her.in Congress".but eventually the coastal program became law, while recent.,eVents in Congress have shown that general land-use planning! is some distance away. It is not far fetched to assume that the coastal zone management program, essentially one qf land-use planning, succeeded.because the problems, present.and potential, are much more evident there than.in other parts of the country, since the coastal zone is so heavily inhabited, industrialized., and used for so many, other@-purposes. The Coastal Zone Management Act was passed in,October,: -1972.i As.recommended'.by the Stratton Commission, it places. authority for planning and management squarely at the level of state government (seeSections 302(h), 305(b), 306(d)(1), and 306.(e):in the Act inAppendix D), with a federal office to provide guidelines,, encouragemerit,.and matching funds. The.Act does.not simply set up another federal grant program, 'however;:it contains provisions to assure cooperation and coordination among,the stIate coastal zone authorities and federal agencies with coastal zone responsibilities (see Sections, .303(c) and 307(a-d)).: By placing,responsibility at thestAte level and requiring federal cooperation, theAct seeks to ameliorate the fragmentation that.has heretofore@plagued'coastal management. More.is needed here, however. Although the Act encourages federal cooperation (Sections 307(a-d)) and begins to encourage interstate and regional,,,,,pooperation (Sections 302(h), 303(d), 305(h)(6), and 306(c)(2))., stronger and more formal encourage- ment should be given to the states for regional and interstate cooperation, particularly (as mentioned later in this section) for the purpose of solving problems.of less than national', but greater than.state significance, many,of which can be. handled effectively at a regional level.. Existing@xegional organizations, which are.functionally effective, such as, in New England., the.,New England River Basins Coirmission, would be useful in this connection if given official authority to act in this capacity. The Act seeks to control indiscriminate -coastal develop- ment and. calls for wise resource use,(see Sections 302(c)(d) (e)(f) declaring national policy to be "to presIerve, protect, develop and where@`possible, to restore or enhance.the resources of the Nation's coastal zone for this and succeeding gen6ra-' tims-giving full consideration to ecological, cultural, historic, and aesthetic values,,. as well as to needs for economic 12 development." Under the terms of the Act, two types of federal grants are allowed. The'first is a development or planning grant, to...assist states in drawing up a management program. The sec- ond grant is an administrative grant, to assist.the states in implementing their management programs. Receipt of an@ administrative grant requires an approved state management program. To gain 'approval, a state management program must meet twenty-one statutory requirements. one of these pro vis- ions, Section 3,06(c)(8), requires-,that "the (state"s) manage-.--,. 12 P.L. 92-583! Sections 303(a) and (b). -9- ment program provides for adequate consideration of the national interest involved in,the siting of facilities necessary to meet requirements which are other than local in nature.": M.I.,T..'s Center for Policy Alternatives is assisting the Office of Coastal Zone@Management in the interpretation of this@pro- vision. Although it is only one of many requirements foi the approval. of a stAte's management program.' its vagueness has. caused widespread discussion and provoked some controversy. What is the national interest, state officers have asked, and how does itaffect them? -This study of the national interest was undertaken because- the success of the coastal zone manage- ment effort, in part, depends on a clear understanding between the states and the federal Coastal Zone Office 'of where and when the national,'interest may be important in siting decisions, and how.to handle-it once it has become an Iissue. Since the coastal tone has so many widely valued attributes, it is inevitable that facilities will be sited there which will,have impact beyond the state in which the facilities are located. Since'the Act encourage's the states to identify and develop controls for areas of statewide or "more than local" but Iess than national significance (Sections 302(h), 305(b)(2-6),', other.than local in nature" in Section 306(c)(8) should be interpreted as, act ivities that may affect other interests beyond ,state.boundaries on a regional or national level. That is.to say', those acti.vities/fac'ilities which have the heaviest consequences at.the regional or national level are those "other _10- than local in nature." Thus the activities/facilities which have a preponderance of effects at the national level will be those of national@interest. Requirements ".other than local in nature" with the greatest collectivity of consequences existing on the regional level should be handled at that.level. The Act does hot intend a heavy-handed Federal.presence, extendin ivable coastal activity. Functions g into every.conce of federal agencies with responsibilities touching on the coastal zone will to some@extent determine the degree of national interest. Such agencies as the'Environmental Protection Agency, the Department of Defense (particularl s: y,:the Corps of Engineer and the Navy), the Department of Transportation* the Department of Interiort HUD, and thei.Pederal Energy Administration, among others, will.,have some programs which impinge on the coastal zone and have national interest implications. This will be discussed further@in Part II, where a listing of facilities whose,lsiting may involve the national interest will@ appear along with the..relevant agencies. In addition, many questions of national interest could be resolved at the.rdgional level, by associations of states, particularly those involving requirements of aregional nature, since not all siting problems "other than local in naturell will actudlly involve theentire nation. Issues such as where inla region.to.site airports or large recreation facilities could be,settled on the basis of interstate agree- ment without interference by the Federal government. Placing responsibility for such decisions at the regional 1.evel elimin- ates the need for the' federal government's role, since its intere'st is inhaving states cooperate. As mentioned above, more formal encouragement needs to be given to this idea. Despite the list of facilities which may involve the national interestl (see Part II)., the national interest is not static; it,will change with changing national needs and con- ditions.. Part.of this study, therefore, has produced amodel, or suggested process for identifying and adequately considering the national interest.in a proposed coastal zone. siting of a project. The states may find this 'process useful, since Section 306(c)(8) encourages them to develop a method for dealing with the. national. interest element rather than merely drawing up a laundry.li,st of facilities which will involve the national interest. Part III of this.study isan interpretation of Sections 307(c).and 3,07(d),of the Act. The issues addressed here relate to (1),intelragency-cooperatioh and federal-state cooperation; and (2)-the circumstances under which the Secretary of Commerce can, on appeal,-find, because of national security or con- sistency with the purposes of the Act, that a proposed activity deinied,by a state is allowable. The appeal in such,a.case may come directly from a public or private applicant for Federalpermit or license, or from a state or 1 ocal agency- applying for funds from a Federal agency to conduct an activity in the coastal zone.. Here the role of the Federal government will bd discussed. -12- ii.. Inter2retation of.the National Interest Provision of the Coastal Zone ManNement Act Section 306(c)'(8) of the Coastal Zone Management Act states that there should be adequate consideration of the national., interest in siting.decisions. This,is, to.reiterate, only one of.twenty-one statutory.requirements which must be met for the approval of a state's management program. It is a procedural requirement, asking that states incorporate a procedure for 'Considering the national interest in their decision-making@ machinery. Underlying the@.difficulty in achieving aclear understand ing of-the national interest provision are some fundamental conflicts which emerge from this legislation and, should be resolved.. These conflicts involve the concept of private owner- ship of property and the problem of overlapping jurisdictions within-and among local,, state, and federal.government agencies concerning coastal zone use decisions. Because the call for management expressed by the Act may appear to be a threat to the concept of private property, it is.important that these issues be clarified.as much as possible. The very passage of national legislation about the coastal zone implies that the coasts are of value not only to the approximately 75% of the nation"s population wholive therer but also to the other 25% who do not. Furthermore, the coastal zone is also of value to those coastal residents who desire access* to parts.of it in which they do'not live. in effect, the Act declares the coastal zone to be, to some extent, a public good. This,assumption is supported by the findings and declaration of the policy of the Act itself, particularly ..Sections 302 (a) and 303 (a). Here lies the problem. Because the id,ea*of private property is. basic to our society, those people who live'in the coastal zone,@or anywhereelse for that matter, want to control decisions concer .ning their own area.s. Private landowners resent the'. interference of others in their.private land matters. Munici- palities don't want people from neighboring towns, the state, or outside the state, influencing their affairs. States are often jealous of their jurisdictions as is.the fed eral govern- ment, even though,.neighboring states and regions are frequently. dependent,on each. other economically (e..g., the dependence of some states for income on tourists).. N6vertheless, states have, in the name of efficiency, established joint authorities with municipalities in some areas, and controlling authorities in others. Public trans- portation costs and decisions are often under joint authorities, such as the MBTA in Boston. State wetlands.regulation is an example of controlling authority., where the state issues per- mits for dredging and filling, and has general oversight for the health of wetlands, even though they are located, in indiv- idual towns. in,the same way that a state integrates certain functions for the.whole state, the federal governement integrates certain functims for the.entire nation. interstate commerce, national defense, and international affairs are some examples. in addition, there are areas of overlapping jurisdiction -14- at.and am .ong all three levels: of government. These overlaps often result in complex regulatory processes and produce con- fusion anduncoordinated management in thecoastal zone. Dif- ferent federal agencies with'an interest in the same resource or different resources which have conflicting uses, may clash, ..as may state and local agencies. Current.controversies over fisheries and offshore oil illuminate this problem. The Coastal Zone Management Act seeks to strengthen, coordinate, and reduce the conflicts among the overlapping' jurisdictions by encouraging states.to establish regulator@r mechanisms through'which advocacy and dissenting interests can participate in the planning, utilization and management decisions for particular areas of the coastal zone. The national interest,pro,vision.was.inclu,ded.in the Act to insure that those issues which are of consequence to the entire nation,.and.in which coastal,facility siting is involved will be decided with proper.input from the.national.level, and .with approptiate.consideration of the benefits and costs to the nation. And, although Section,306(c)(8) is animportant provision of-the Act, its exact meaning.is unclear. Thefollow-. ing sections of this report attempt to clarify some of the confusion. Three phrases from Section 306(c).(8) need further inter- pretation. These are "requirements which are other than local in nature,"' "the facilities necessary to meet requirements...,". aInd "adequate consideration." A. "Reguireme nts, -other than local in nature National interest guidelines were devised to address this point because it seemed counterproductive to try to anticipate the particular circumstances of.every decision involving the national interest-. VInterpretation of the precise degree of involvement of the national interest, and how important arole it should play in,.a decision was left to the states and their decision-'making and planning processes. While a detailed national interest:,guide'can be found in Appendix A, an abridged version of the guide to national interests, or "requirements other than local in nature" follows. It is a set of conditions which (1) indicate,national interest involvement, and (2) a set of guidelines.to,help determinethe degree of national interest involvement. The term "facility" includes all activ- ities in the coastal zone, from obvious ones, suchas energy facilities, to less obvious ones, puch,as natural'area preserves. 1, An.affirmative answer to any of the following. questions i,ndicates potential national interests. a. Does the facility affect any part of an identified Pation-wide requirement? Requirements which are clearly national in nature, based,upon federal agency respon- sibilities and legislative mandates, state- ments of the executive branch, and national legislation are: 1) Energy self-sufficiency 2) Environmentalprotection -16- AD .3) Adequate recreational facilities 4) Healthand welfare 5), Transportation 6) National defense 7). Preservation of historic, cultural esthetic values. b. -Does the facility have national environmental, social,.or economic impact, or regional impact where@no regional authority exists? V c. Does the facility involve the federal presence in government/legal jurisdiction,, organizational authority, or financing? 21. Guidelines'.,for determining the degree ofnational in.terest.involvement. a. Identify what resources are necessary to complete the facility and what the.net impacts of the completed project will be onnational needs. b. Determine to what extent.the resource commit- ments necessary to complete the facility and the net impacts of the facility will foreclose future;options for alternative uses of the resources. ..Implicit here is an attempt'to identify theirreversibility,of the proposed activity. The extent of the impact at the national level, foreclosing national options, indicates the degree.of concernwiththe national interest. -17- c. Having identified necessary input and expected output,, as well-as potential options foreclosed., determine to what extent other national needs are compromised and to what extent thecollective impacts lie at the national level. The extent to which a proposed activity would obstruct or in some way hinder the satisfaction of a national requirement gives some indication of the signifi- cance of the national interest involved. B. 17acilities necessarytomeet requirements...'.' The following.is a list of coastal facilities whose future siting may at some point involve the national. interest. It has been drawn up to correspond with the list of national require- ments in the previous section. 13 1. 'Ener4y self-sufficiency a. Deepwater ports/monobuoys, associated onshore facilities Refineries and pipelines c. On- and offshore oil and gas production activities d. Atomic, fossil fuel, and hydro-electric power plants e. High-voltage electricity transmission lines 10 Radioactive waste disposal sites 2. Environmental protection, a., Natural areas with crucial life-support systems. 13 The legislative, executive, and administrative authorities for each of these activities is described at the 'end of the body of the report. b. National parks, national seashores, etc. c. Pollution control facilities--airl water noise,,.solid waste, pesticides,, radiation d. Research facilities.for increasing baseline data on the coastal zone 3. Recreation a. Public beaches and public access to beaches b. National parks And seashores c. other public and private facilities...for a variety of water-related sports,and activities 4. Health and welfare a. Food production and distribution, especially uniquely coastal zone products--shell- and fihfishing, processing plants, etc. b. Facilities for continued economic productivity,, of, coastal industries--marine mining, fishing, forestry, kelp harvesting, etc. c. Flood, storm, and hurricane warning systems d. Public works facilities in water resources planning Transportation a. Public transport--intercity b. Ports, 4arbors,.traffic control systems c. Air' --ports d. Interstate highways 6. National defense-7milit.ary installations for all services, the Air Forcel. the Navy and the Coast. Guard 7. Preservation of cultural, historic,. and esthetic valued _19- a. Areas of unique historical and/or-cultural significance, including preservation of cultured unique to the North American continent .(Amerindian and Alaska native) b. Areas, of unusual natural beauty C. @"Adequat'O.:@oohriidie'ration" Because "adequate consideration" is such a subjective term, it is.open to a wide range of.interpretations. However, it obviously relates';to the decision-making process whi6h the state should follow in carrying out its total management program for. local, state, and'r n egio al,as,well as national interest con siderations. Based on that assumption, a three-pronged defirl- CD tion of adequate,zonsideration follows. WIt includes a resource and needs assessment and planning com ponent.,.so that decisions may be solidly based, a.political structure component, to,assure the decisions can'be carried out, and'an information dissemina- tion component to.,assure that vested interestsare well-informed. Some of these components have been drawn fromprogram element's in the Act itselff as indicated in theparentheses. This process,,while,contrib.uting.to carrying out the -adequate consideration of national interest, would be usefully applied at all levels,and should not be construed as a separate process for national concerns only. Constructed as it is from various program elements, and from logical and necessary steps in communication, which are essential to developing a management program, these guides should help to assure the inclusion of federal agencies., as well as those at other levels in issues which affect them. This is particularly important for several -20- reasons.. Differences. in.viewpoint over the national interest may not come betVeehstate 'and federal agencies, but between federal agencies with:di.fferent plans for using the same resource. It isrecommended, therefore, that mechanisms be developed at the State level to allow early coordination and communication of such differences so that smooth.development, and later implementation of a state's management programcan ensue. Furthermore, field offices of federal agencies may have technical information and expertise on local resources that could@be useful in developing and implementing management plans. Therefore, an additional mechanism should be provided for their.input. TheAntent of adequate consideration is not to ------------- require a separate process forinational interest considerations. The aim is to develop a way the nationalinterest can.be integrated into, the state'-.decision process as outlined in.the Act. The adequate consideration process should consist of the following elements'.* 1. Resource and Needs Assessment and.Planning, 'The state should: a. _identif theresour@ce and current.and Dot u s of its pptentiXa uses of its coastal areas (resources include land and water, as.,well as the other more obvious resources), (Sec.-305(b)(2),(b)(5). b. carry out.,a needs assessment to determine w Z iiatw= e necessary over. a defined period of timeto satisfy its projected population requirements. c. Q_rekJ_:2_a_e1,aP, to utilize its coastal resources andevaluate potential coastal uses to meet the, needs of its population by-7 -21- -determining wha t needs should.be met in the.*coastal zone; -determining what need a scan altern tively be met inland and the possible intra- statetrade-offs which can be made to help alleviate some of the pressure from the coastal.zone; -identifying what needs cannot be met by in-s,tate resource capacity, identifying potentials.ources to meet.1theneeds and determining what interstate trade-offs .(e.g., regional) can.be made to assure SlAtisfying requirements; ..-Planning how to effectively use an unusually large resource over which a state may have jurisdiction,.e.g.., beautiful beaches, historic landmarks, living resources, no,,n-living resources, special life support sy,stems such as marshalnds and sloughs. This would include identifying.the commit- ments necessary to.obtain maximum use.of e resources and where they must come from; what interstate coordinating mechanisms. -regio nal) might be necessary to achieve effective development of the resource- what potentially useful regional organizationL already exist. (Sec. 366(c)(8), 305(b)(3)). -determining the impacts of propo'sed.coastal activities. To assist in this function, we have developed the national interest. guidesf.anda user's matrix, explained later in,this section, which will assist the states not only in assessing impacts of@a project., but in comparing impacts of alternative projects. V.2. The states should establish viable political structures within their decision-making processes for carrying out coastal zone.management programs-- -to.insure a place for the federal advocacy role of lead.agencies, particularly those not already.required through federal legisla- ti.on to be a part of a total decision process for a.proposed coastal activity (Sec. 306(c)(1)). -22- -to coordinate interstate functions and/or activities so that resource utilization and resource needs can be effectively balanced at leastregionally (Sec. 306(c)(@),(2), .306(e) (2)). -to provide a vehicle for the disaggregated publics, as well as. organized industry to makd'its.voicebeard on issues raised by proposed coastal activities. -to consider carefully the inland trade- offs with the coastal zone through mechanisms for intrastate agency coordina- tion. 3. Information Dissemination,(Sec. 308, 306(c)(1), .306(c)(3)). States should-carry out an,educational function tomake certain that all interested partie's fully understand the issues involved in proposed activities, as well as theimplications to the.activities (e.g., secondary, tertiary, etc. effects). States should: -continually inform citizens,of the value and needs of the coastal zone and the threats to its health and stability. -notify all affected citizens of any changes contemplated in the coastalzone through a formal.notification process. -establish formal communications channels to-assure widespread attention to changes -contemplated in'the coastal zone., -provide adequate time for citizens to respond:,to, proposed changes. As part of this study, a."Userls.Matrix" has been developed. This matrix shows the impact of the 'Siting of a proposed project on.a wide 'range of.societal factors. It will be useful in a number of ways. Firsto, it.may be used by states to -23- identify the areas of impact in siting a proposed project at the national level as suggested in Section A_on determining "requirements other than local in nature," above. Secondlyl it may be.used to,identify impacts of a project suggested'as part of the "adequatd'con*sideration.' process., (for other pro- jects as well as those involving national interest). Thirdly, as will be explained in Section III of this report, it may be used.by the Secretary of Commerce asa guide. in deciding appeals from state siting,decisions. We have included in the factors of the matrix a wide range of concerns, grouped.under social, natural resource, economic, and constitutional-legal headings. The factors are of use in determining.nationa'l interest impacts. Many of the factors in the other categories,'however,,can also describe local, state,'. and regionalconcerns as well, and the matrix could be used to indicate impacts at those levels. However, since the purpose of this study is to show where national interest is involved, the matrix presented here is limited only to national impact though the matrix concept and structure may be adapted for use as,part of'the "adequate consideration" process at other levels of government. The factors were designed to, insure, that those things which contribute to a liveable eriviron- merit at a national as well as a more local level--, among@them employment opportunities, access to facilities for leisure and recreation, opportunities for education and training, adequate housing, and a healthy natural environment would be adequately considered in coabtal siting decisions which affect -2.4- the national interest.. since the matrix is -a guide,' not a set of-hardand fast rules, the 'coa8tal'decision-maker will have to tailor it to specific situations and select from the factors listed those, which have relevan6e'for that situation, adding perhaps others which,seem appropriate. The matrix has several-elemeInts: Categories'@'of coastal activities, i.e. activities which can.or do occur on the coastline. These categories, cover a number of types of activities. Some examples are: a. offshore facilities b. resource extraction C. ecolog 'ical preservation d. industry-transportation Each category has subheadings denoting activities which are component parts of the total activity. 'For instance, the specific entries under resource extraction.,arei., a. commercial shri and finfishing mp b. commercial shellfishing C. onshore oil and gas wells d. onshore mining and quarrying e.. sand, gravel, and shell mining f. seawater chemicals extraction desalinization (note: offshokelPil and gas wells.have been included in offshore facilities category) 2. Characteristics of coastal activities, i.e., an enumeration of specific projects, actions,@ or facil- ities resulting from a particular category of coastal activity. These 'actions impact on the factors of #Ibelow. Examples of these.characteristics, again -25- under resource.extraction include: a.. stock introductions b.. collection of species c. temporary housing processing plants. e. towers and platforms f. excavation g. dredging h. wastewater I.. seawater intakes j. pipeline k. submerged fencing 1. evaporation beds M. slips and berths n. channels o. breakwaters and jetties P. -fuel docks q. docks and piers r. boatyards S. boats and barges 3. Societal.factors@-social, economic, natural resource? and constitu@'ti.onal-leg@al-'-Which describe national interests. The following two elements of the matrix are not as detailed as.tho.se above because they depend,entirely on the particular situation being analyzed. a. Consequent conditions. These are the conditions which indicate changes in after*impact,by a coastal activity. b. An element which does not appear directly on the matrix,: but should be performed as a separate operation by the decision- maker,,.is an evaluation of the activity's contribution toward fulfilling or impeding the identified nation-wide heeds listed on page 14. The usefulness of the matrix lies in its.provision,of a graphic illustration of theImpact of single*.components.of an activity:on the societal factors, allowing an assessment of the national interest involvement. -26- I.II. Section 307(c) and (d)-- Interagency Coordination and Secretaria1ftwers once the first intention of the.Act is carried out and,, grants are awarded, all. coastal states' will have an agency:. whichwill attempt to confront and manage the. problems of the coasta.1 zone which are within the designated responsibility of the state. However, the second intention of the Coastal Zone Management Act will not be so easily carried out. It is more complex and far reaching. It calls for a system of coherent reconciliation of the'responsibilities, powers and programs of state and federal government in coastal policy. The previous sectionof this report recognized the necessity to provide a mechanism at the state level for.the entrance into.the decision.process of the advocacy positions of,vested interests--public or private, local, stateor federal. The existence of such a mechanism for coordination would permit the state official'to identify problems at an early stage of decision-making,.allowing sufficient time to gather, distribute and analyze 'information for careful decision-making. In addition, this mechanism could provide the forum for bargaining.and trade-offs between the@advocacy and opposition positions, thereby avoiding the appeal of the state's decision to.the Secretary of Commerce provided for in Section 307(c)(3) and (d) of the Act. It is clear that Congress intended the state to be the focus of responsibility in managing the coastal zone. This is theme running throughout the statute, legislative findings, -27- committee reports, and theStratton Commission Report which acted as a spur to -Congressional enactment of the bill. However, it'is also clear that the Act-does not give the state power to supercede already legislated federal powers and responsibilit- ies such as.the National Environmental Policy Act. The.non- derogation clause', Section 307(e) of the Act, while normal- procedure for any-new legislation, taken together with the intention of Section 307, gives this Act a special thrust for government agencies to take new responsibility for interagency -coordination on all levels.regarding coastal zone matters., A provision.setting aside some federal interests from the state's responsibility is found in.the@definition of.the coastal zone which excludes "land, the use of which is by law, subjectsolely to.the discretion of or which is held in trust by the federal its officers or agents." (Section 304(a)) [See .,the national interest test Appendix A, #61'This excludes some 10 coastal land from the purview of state, management plans. Returning to the first intention of the.Act to make grants, one provision, 306(c)(1), relates.also to this responsibility to coordinate. all vested interests. It requires that the state's program.be developed with the opportunity of full participation by relevant Federal agencies, etc. Giventhat Congress seems to have recognized.@.the need for some representation of federal interest in the coastal zone, it is hot clear how that role should be expressed. It seems from,Sedtioh 307 that Congress was implying that the Federal agencies@ should coordinate their policies.affectifig the coastal -28- zone to make.it easier for thd state to deal with the inter- ested,.Veder.al agencies. Sedtim307 thus.modifies the pro, cedure by which federal.actions are determined with reference to state management plans. Congress has outlined innumerable pieces of legislation which are at work.in the coastal areas. Many of these laws are relevant because of their substance, such as the Fish and Wildlife Coordination Act or the Rivers and Harbors Act of' 1899. Other legislation becomes, important because of geographic applications (in coastal Areas) of substantive legislation, such as housing programs or highway grants.. Particularly because of the latter cases, wherecongressional policy con- cerning.one type of problem encounters a different Area of congressional.policy--that of the protection of coastal environ- ments--Congress enacted Section 307 of the Coastal Zone Act. It reflects an across-the-board judgment of Congress that-it is concerned primarily With coastal zone environmental and development policy in a case of conflicting federal policies and tries to insure some reconciliation of the conflict. Four,specific types of state-federalinteractions are, provided for in theAct. These are: 1. Projects conducted or supported by a federal agency "directly.a ffe6ting the coastal zone, 2. Actual federal.development projects within the coastal zone; Activities requiring a federal license or permit; and 4. State or loial government activities with federal. assistance. 4. l4sections 307 (c).(1-3). _29- In situations 1and 2-above.,@ thd@ federal agencies.must conduct or.support their adtiviti6s.:consistent with.the state's manage- ment.plan, "to thd maximum extent practicable." Here.the reservation of federal authority is somewhat vague, for opera tivefederal agencies are encouraged to heed the state plan ar. as they*judge "practicable." In the case of secondaryfederal coastal activities (3-and 4), throulh-Pither licensing or funding of local government projectst the federal agencies are actually subject to restraint by a state's plan. The state agency must,agree that the activity to be conducted under the license, permit, or grant.is con- sistent with its management program. VCongress has thus given the.states a handle with which@to lead federal involvement in these-vital geographic areas, by preventingf,by law, fedeal agencies from approving 'Certain activities that affect the coastal zone unless:; an additional, procedural condition--state approval has been met.O/,The under- lying intent of the Act appears to separate the duties of the states and the federal agencies. The Act gives clear authority to a state over its coastal zone, and it also gives a clear, mandate' to the federal agencies to coordinate their policies and promote policy consistency where any federal authority(is involved in a proposal affecting a state's program.v/while;the two responsibilities are literally separated in the Act, it would be naive to think that in reality they will not Operate on a allij,pro 'quo basis, though this may hot have been the statutory intention.. That is, a state might.be expected to -30- be more flexible in.its decision processes in return for a well- orchestrated.federal.@advoca*cy role. If:the state agency opposes the activity, the federal agency must deny the applicant's permit, li r grant. icense, o This state veto is not complete, for, Congress also provides that if the underlying substantive matter is of sufficient" importance, as determined by the Secretary of Commerce., then the Secretary may suspend the state authority provided under the Act to veto a project. The Secretary can.inquire into the state's veto on his own initiative,.or on appeal by the applicant,.taking further,facts and testimony, and making findings. The last decade has, teen the emergence of the concept and practice-of environmental protection, especially in the coastal Zone., The more recent resource supply crisis has led many. to find exception to the application of established environ- mental policies, particularly in instances of proposals to states,involving coastal.siting of energy facilities. The, Secretarial overrideprovisions of Section 307 reflect a realization by CongressIthat its new environmental and develop- ment policy expressed by the interagency coordination and coop- eration provisions of that same section (as well As by other sections) may not always be appropriate when more critical -matters' of,national importance become involved., Therefore:, Congress ..has reserved to the.Secretary- of Commerce the,right to suspend the.policy under those rare conditions. The Secretary may declare a state veto invalid by finding the proposed project @consistent with the "objectives of this title," or by. declaring it.7otherwise necessary in the interest of national security." In the former casei this could mean consistency with the Act's statutory requirement*sl,, or with,,the state-'s own criteria based on federal guidelines and,approved by the federal,coastal zone office. In site-specific cases of-a state's veto, it will be relatively,easy to see whether the state has fulfilled the statutory requirements.. In any case, -instances of this nature will probably reach the Secret- arial'.level only rarely, since..the vested interests and the various problems associated with a site-specific facility will be fairly clear, and the various advocacy positions will be thrashed out satisfactorily in earlier stages of negotiation at the state level, In non@site-specific cases, however, theissue of whether, the state has followed,its own guidelines. and whether the pro- Ject. is trulyinconsistent1with its management plan may not 'be so-clear.. Guidelines cannot be applied and effects cannot be seen with as much precision in a noh-site-specif,ic,projpct as they.can in a project @rhose.site has been chosen. In. addition, the situation may not be as amenable to settlement at the state level, since some of.the vested interests may not be clearly identified and could not be worked out. Since a site-would not have been chosen the municipality in- which the facility might be located would not be identified and 'in the negotiations.) would therefore have no voice While any of.the statutory requirements may provide a basis -32- for questioning.consistency, since this study. dealswith national interest, we:will be. concerned primarily with national interest considerations in the Secretary's override*of:state vetoes for purposes of consistency with the Act. In order-to implement an.,.ovekride on this basis (or any other), the Secretary must havethe support of strong criteria to avoid an arbitrary decision. In deciding whether or not to implement an override on national interest considerations, the Secretary:should Use the matrix explained.in@Section II of this report and in Appendix B, to analyze the effects the.proposed project will have on.the various areas of national policy. (We have.pro- vided an example of..how the matrix might work in this connection at the end of Appendix B.) He must then weigit.these effects according to his understanding of the importance of the various national policies, as he has identified them in his coordination of coastal zone interests with those of otheragencies. This operation.will. be particularly important in cases where he, must,deal with conflicting national policies (e.g., environ mental, protection vs.. energy.self-sufficiency). The.Secretary must also.keep in mind other possible constraints on his decision. These might include the attitude of the.license- or permit-granting agency towards the specific project, the attitudes toward the project of other federal agencies whose interests will be affected, and the ability of the region for which the project is proposed to.handle the siting decision itself. If the proposed activity has implications beyond the state _33- in question,, and the.state has followed.its. own guidelines and coordinated its decision with other states in the affected region in making its decision, these facts will provide at severe constraint to.a Secretarial override of the state's decision. The Secretary@may also declare the state's veto of a pro- ject invalid because the project,is "necessary in the interest of national security." To ensure that such a decision would not be made for arbitary reasons or without careful considera- tion ofall possible alternatives, the Secretary should b6, restrained by the same process and criteria used in the consistency case, above. In addition to those criteria, moreover, he.should be compelled to.show clear justification that the nation would be endangered without the proposed facility. If the Secretary finds that the proposed activity is con- sistent with the '-'objectives of.this title," or "otherwise necessary in the interest of national security," then the,. requirements,of Section 307(c)(3) and (d) can lead.to federal sanction for the,project. several alternative actions might result from such a situation. .The issue may get thrown into the federal courts.in a test of state-federal authority. .,Since this tends to retard both present and future cooperation between the state and the federal agency involved, however, it seems more likely that the parties involved would try to negotiate through the political process for what each thought it could get, based on their relative strengths and weaknesses. _34- q Here again, the importance of state mechanisms to identify advocacy and opposition-positions at.an early stage of a pro- posal must be emphasized. In addition, through Section 307 of the Act, the.Secretary of Commerce has also been given the responsibility to coordinate the other relevant federal agency interests as a way of avoiding counterproductive,'conflicts. lHowever, if a case does go into the'courts, Section 307 of the Act insures that in any conflict between assertedly incon- sisteht provisions of the state and federal law regarding coastal development, the courts will look to the underlying substantive.state law whichis applicable to.the federal license or activity.involved. The Act has asserted the state's authority statutorily,*'thereby strengthening it. In addition, i.n a-6ontest with state law, an applicant for a federal license would find itself in the context of A state v.,.(Federal v.,Federal) situation, rather than a simple matter of supremacy between the state and federal levels of government. In this casei the usefulness of Section 307-in attempting to reconcile conflicting federal.policies affecting the coastal zone, would again come into play, interpreting the underlying intention of.Section 307 that Congress is concerned primarily with coastal zone environ- ment and development policy- -735- Legislative, Administrative, and Executive Authorities for -List.of National Requirements and Facilities This whole category is covered by the PresidenV.s message of July, 1973, in,..which he declared energy self-sufficiency a national goal. It is also covered by the creation of.the Federal Energy@4dministration. Deepwater ports are included here because even in a self-sufficiency scenario,. oil will hav'e' to be imported for some years, and because of the trans- port of oil.from the trans-Alaska pipeline to the West Coast. ..The-Federal Pov@pr Commission regulates all gas vipelines, and.the.Interst.ate Commerce Commission regulates oil pipelines. 1-c. The.Buireau of Land Management controls the leases for offshore oi.l.and gas production. 1-d. Th4�'Federal Power Commission regulates the electric power industry and-licenses hydroelectric plants. The AEC licenses nuclear power plants,and regulates them in various ways.. including regulating waste disposal., It conducts, in addition, a large research and d,evelopment program on reactor technology and reactor safety. The Bonneville, Southeastern, South- western, and Alaska Power Administrations are.,maintained by the Interior Department, and the Tennessee Valley Authority is an'independent government-owned corporation. 1-e. See 1-d. 2. This area is covered by the National-Environmental Policy Actf the Environmental.Protection Agency, the Council on Environ- -36- mental Quality, the Department of the Interior, and the U.S. Department of Agriculture. 'E.P.A has responsibility for set@ting and enforcing standards for several kinds,of pollution, especially air and water, performing and supportingresearch, and...assisting states,in controlling pollution through demonstra- tion projects and technical assistance. C.E.Q.,in the Exec- utive office of:'the White House, formulates and recommends national policies to promote the improvement of environmental quality. 2-a. The'Bureau of S1 ?ort Fisheries and Wildlife maintains national wildlife refuges...Estuarine sanctuaries are provided for-in. the Coastal Zone Management Act and administered by the states- with-funding from the office of Coastal Zone Management. The Forest Service of the U.S.D.A. manages millions of acres,of public forest. land. The Bureau of Land Management manages millions of acres of public land for wildlife habitat, open space, and watershed protection, among other objectives.1, NOAA administers the Marine Mammal Protection Act of 1972. 2-b. National parks, zeaphore, lakeshore,,riverways, parkways,, and reservoirs are administered by the National Park Service. 2-c.. ..See E.P.A. in #2.. The AEC sets standards for radiation" levels. EPA regulates pesticides. The Coast Guard maintains a marine environmental protection program to prevent and control oil pollution. 2.-d. Much of this work is performed and supported through NOAA, through the office of Sea Grant, the National Marine Fisheries Service, the National Ocean Survey, the National Weather Service, the Envikonmental Data Service, -and others. Funds are also provided to the states for this purpose bythe -37- pittman-Robertson and Dingell-Johnson Acts. The Forest.,'. Service performs forestry researchl and the Geological Survey collects information,on the nation's earth resources. The office of Water Resources Research provides research funds to a variety of public and private institutions, but performs no research itself. 3-a-b-c. The National Park Service maintains national seashores,'parks, and-lakeshores. The Bureau,of Sport Fisheries and Wildlife allows recreational use of its National Wildlife Refuges (most of which are located on water of some kind) insofar as:'i.t is compatible with its ecological objectives. The !3urdau.of Outdoor Recreation coordinates the development of national outdoor recreation program and administers the,'Land and Water.Conservation Fund which provides funds and:.technical assistance to state and local governments for planning, ad,.quisition, and development of recreation areas and faciliti.es..'Various other agencies and bureaus, such as the Army@Corps of Engineers, the Bureau of Land. Management, the Forest Service,. the Farmers Home Administra- tion,, the Agricultural Stabilization and Conservation.. Service, and the''.Federal Power Commission include recreation as an objectiVe.in their plans and projects. 4-a. The National Marine Fisheries Service, a function of NOAA, performs a number of. functions with regard to marine food products. Theseinclude marketing research and distribution of market news information, financial assistance to the- fishing industry, national research programs' in fishery products technology, a voluntary national program of -38- ins pection and certification of fishery products, programs to improve marketing practices, extension services to improve the activities of commercial fishermen, processors, and.distributorsl* and establishmen,t:of national guideliries formanaging fisheries. The Food and Drug Administration regulates food.,products traded in interstate commerce, the Federal Trade Commission regulates false advertising of food products', and the Interstate Commerce Commission regulates the carriers which distribute marine food products. 4-b., Marine mining requires exploration permits from the Geological Survey, and prospecting or mining permits from the Bureau of LAnd Management, with clearances for the latter from the'l.Coast Guard, the Navy, the Army Corps of @Engineers,, the National Marine Fisheries Service, and the Geological.Survey..,The Metcalfe Bill .now in the Congress, w.ould.provide government guarantees forinvestments in dee -sea mining. Farmers Home Administration-provides operating loans to fish farmers and private, forest.landowners; the-Forest Service provides technical.assistance to private forest landowners, 'Mariculture, if it becomes a viable coastal industry, will be regulated by the FTC and the FDA-",,(food purity and advertising) and the Environmental- Protection Agency (water quality). 4-c. The,@National Weather Service develops and distributes forecasts and warnings of waves, tsunamis, sea-ice, storms, and' floods. 4-d. The two major agencies in the water resources field are,the Water Resources Council with its associated.River Basins Commissions, and the Army Corps of Engineers. The Water Resources Council performs a,continuing Analysis of the -39- adequacy of water supplies in each water resource region .0f.the United States and of the relationship of.regional or -river basin.plans and programs to the requirements of the.larger regions of the nation. The.Corps engineers p blic works such as major dams, reservoirs, levees, ul harbors, waterways, locks, and other facilities for flood control, shoreline erosion control, water supply, hydro-. ele,ctric power,:,:,recreation, navigation, and other purposes. Various other agencies andbureaus, such as the Farmers Home Administration, the Soil Conservation Service, the Agricultural Stabilization and Conservation Service, the. Department of Housing and Urban Developmentl EPA,. the ..Council on Environmental Quality, the Economic Development Agency, the Bureau of Sport Fisheries.and Wildlife, and the'Forest Service, have interests in water resources planning.. 5-a. Thei.Federal'Railroad Administration.in the Department of Transportation conducts research and development in' support .0f4mproved intercity ground transportation, and consolidates federal support of rail transportation activities. The Urban Mass Transportation Administration, in the same depart- ment, assists in the development ofimproved mass transportation facilities, equipment, techniques, and methods;.encourages the7lplanning of anid,,.provides'financial assistance to the states and local governments in establishing areawide urban mass transportation systems. 5-b. The Maritime Administration (MARAD) conducts.programs to develop ports, other facilities, and intermodal transportation systems, and promotes domestic shipping with.both building _40- and operatingsubsidies. The Coast Guard provides for law enforcement onthe high seas and on navigable waterways, for merchant marind safety, -aids to navigation,,.and port security." The Guard also'does research and development on marine traffic control.systems for harbors., 5-c. The,"Federal Aviation Administration regulates the safety" a -e cts sp, of air transportation and performs research and development in this area. Among other. functions, it operates r 1 0 ai' route traff*@c c@ntrol stations', develops air traffic. rulesand regulations, allocates airspace, maintains aids to navigation, and administers and finances airport planning and development programs.' The Civil Aeronautics'Board regulates the.@"financial aspects.of civil air commerce. It sets rates and,fares, regulates intercarrier mergers and other relation- ships, and designs and admini,sters.a,uniform system of acco@ints for cakrier4. .5-d. The@Federal Hig4way-44inistration administers federal.aid to states for highway construction, and constructs certain types of highwayp itself, It also performs research and development on highway safety and develops and administers safety standards, giving' funding to the states to expand and improve their highway safety programs. Research is, alsotdone by the Administration on the social, environmental, and:,economic impacts of highway transportation. 6. The hational.defense is provided for by the various branches. tment of Defense an y ofthe armed services in the Depar d b the'Coast Guard. Installations in the Army, the Navy, and the Air Force fall under the purview of the Assistant Secretaries.for Installations and Logistics in the respective services. -41- 7-a., The National Park Service is responsible for the preservation of historic and cultural sites of importance to American history, and maintains the Federal Register of Historic Places. The Advisory Council on Historic Preservation comments on redetal4and federally assisted and licensed.project having.an effect on properties listed in the Federal Register, under. the National Historic Preservation Act of 1966. The National Triist,for Historic Preservation, while a private organization, was chartered by Congress and received Federal matching money to acquire and preserve buildings important to,,the nation's cultural, architectural, and historic heritage. Although there are many gov.ernmental programs to aid American Indians and Alaska natives.ifi. terms of health services, education, andfinancial support,'largely through the Bureau of Indian Affairs (Interior Department) and the Department of Health,, Education, and Welfare, there seems to be no.public agency directly concernedowith the preservation of both the spiri;:t and form of native cultures. The closest approximation is. the Interior Department's Indian Arts and Crafts Board, which is concerned withtheldevelopment of native arts and crafts, not the preservation of, whole cultures. 7-b. The National Park Service is concerned with the preservation of sites of unusual natural beauty or visual qualities. The national parks, seashores, lakeshores, etc..are the country's scenic reservations, as well as being areas.for,recreation and protection of the environment. The Forest Service admin- isters wilderness and primitive areas. Appendix A The National Interest Guide -Al- What is the National, Into-rest? THE. NATIONAL INTEREST GUIDE State management programs approved by the Office of coastal Zone Management should fall within the bounds of the policy enumerated in Section 306(c) (8) In further development of-@what the national interest in the coastal zone may be or, more properly,'in what manner it is manifested, several: assumptions have been made as a result of this policy. VOne, the broad,national"policy to "preserve, protect, develop, and where possible`,@to.restore or enhance" coastal resources is accepted as va'lid.,/Two, it is the function of the.Office of,'Coastal Zone Managemnt to "encourage and assist" the states in the development of their management programs. Thus., t h. e interest guide.as'developed in this paper is.in the nature of"assistance to t@e'.states in deciding.when and to what extent the national'interest is involved--guidelines, rather than a strict set of rules which have to be met. 'Third, it is assumed that decision-makers on the state (or regional) level will favor the interest of their constituents intheir allocation of coastal resources, through either a lack@,of knowledge of the national concern with their program ok a basic human tendency to be somewhat less than magnanimous in relinquishing control to the federal government of resources which they may consider as a base for future economic or aesthetic development of their local area. A2 NATIONAL INTEREST GUIDE Introduction The guide includes a series of national interest "tests,". which have been developed to assist thestates in determining when the national interest may be involved and establishing a set of guidelines for,,determining the degree of.that involvement. Every facility/activity will have a wide range of effects or impacts. These include.direct and indirect, short and long- .term effects on environment, economy and culture. Here the Office of Coastal Zone@Management-sponsored work of Devanney and Lassiter (economic effects), Clark (environmental effects@ and others.will be critical tothe development of methodologies need ed.to enable a systematic evaluation of the state or national characterof a facility./activity. Some of these effects.will alsobe dealt with later in this section. Determining.the Presence of a National Interest in.a Facility or Activity a. Does the facility/activity address any part of an identi- fi4c! nationwide problem? For example, 1) ;,Energy self-@-sufficiency 2) Environmental protection 3) Adequate recreational facilities 4) 'Health and welfare' 5) @.Transportation 6) National defense .7) Preservation of historic, cultural, and aesthetic values. Devanney, J.W., et al., Parable Beach: A Primer in,Coastal Zone, Economics. Report-submitted to Office of Coastal Zone Management, Sept. 1974. ..Clark, John. Coastal Ecosystems. Washington, D.C., 197.4. -A3 - b. Physical, Chemical and Biological Considerations Does the facility/activity have environmental effects that extend to or impact at a regional or national level? TWO types of effects are included.here: direct (pri- mary) and diffuse or indirect (secondary/tertiary) physical, chemical, and biological effects. "Effects" shall be construed to be, those which change the re-, source base.. This test is therefore weighted heavily towards considerations which are reasonably easy to quantify., An increase in the level,of phosphates in a waterbody (primary effect) with attendant detrinfen- tal effects on marine life (secondary effect) would fall into this category. c. Economic Considerations e,pr, The following int r@'etation of economics should hot be confined strictly to the attachment of,.prices to goods in the:coastal zone whose value is easy to assess Which could lead toa cost/benefit analysis of fluctuations in net, national or regional income caused by.a proposed,coastal activity. Rather, economics should be treated as the con- cept of achieving an efficient allocation of limited re- sources givencertain societal objectives.. (see user's Ma- trix: Economic Factors). For purposes of determining the presence of a national interest,.the following question may be asked: Will the _A4- benefits and/or.costs of any proposed activity within the coastal zone extend to the regional.or national level? If so, there is evidence of a national interest in the acti- d. Social Considerations In the context':of,the national interest test, social consi- derations can be shown to be a logical extension of thd economic framework. Here, an additional concept, that of social systems,accounting is offered.2 This concept serves to..round out the more limited economic accounting system and bring it more in line with the understanding of.eco- no.rhics as,'the concept of achieving an,optimal allocatidn of limited resources given certain societal objectives. Briefly, the concept of "national economic accounting." has been extended and removed from the realm of strictly quan- tifiable indicators. This system of socialindicators, some highly quantifiable and some not, better indicates, th6*true state 'of a nation.. These encompass not only eco- nomic aspects, but also include "political, social, cul- 3 tural, and biophysical aspects. For.'the purposes of,the national interest guide, then, the following question should be addressed: Do the political,social, and cultural.effects of a proposed activity extend to the regional or national level? 2 Gross, Bertram M., Chapter 3, in Social Indicators, R. A. Bauer, (ed'.), M.I.T. Press, Cambridge, Mass.,i1966. 3 Bauer, p. 154. -A5- If so, evidence of "more than local interest" exists. It should be noted at this point that'the first three sec- tions of thenational,interest guide are quite similar in scope in that"they are all heavily dependent upon a deter- mination.of the geographical extent of effects caused by the activity..@: Additionally, state or regional level co operation would serve to.diminish or eliminate federal concern. e. The Funding Sou ce, Proponent or Primary Agent for the Facil @t/Activity Heref a spectrum.of primary agents and theirproposed fac@ilities/activities could be considere Id. The primary agents are listed'in descending order of probability that their pr,oposed'..facility/activity is of regional or nation- al,interest. Federal Congress (e.g., the Alaska Pipeline Project, inqluaing coastal facilities) Federal Agencv (e.q.,,The Shoreline Erosion Control Prqgram:.of the Corps of Engineers) interstate Institution (e.g.., the facilities Regional 1 of the New York Port Authority) State Legislature (e.g.., enactments to provide for recreation and beach access) state Agency,(e.g.,-projects or licensing programs of state department of public works) county or Municipal Government (e.g., public housing programs) Public Authority (e.g., airport or power plant of specific public authorities) Private Industrial or Commercial Interest (e.g.., a marina, re nery) -A6- Private,.Agricultural or Silvicultural. Interest (e.g., cranberry farming, shellfisFing, etc.) PrivateLandowner or Lessee (e.g., home, docks, etc.) Careful consideration reveals that federal agency projects or programs may, in most-cases, not manifest interests be- yond the state or local level.. For example, a flood con- trol.project of the Corps of Engineers designed to protect sections of downtown Boston is not necessarily in the national interest, since the benefit may extend only to a discrete, local region: the national interest is really not in the specific project, but in having-an agency like the Corps funded and competent to undertake such projects ap,'.they are required. For projects proposed by more than one initiating agent or,proponent, some method for determining the ".lead agent" or-prinicipal agent must be:developed. Here, the recently impact assessment guidelines of the federal Council on Environmental .,Quality and subsequent experience may be of-use, and should be evaluated. [See Preparation of Environmental___Impact Statement, Council on, Environmental Quality, Federal Register, V. 38, N. 14T, pp. 20530-20562 1 August 1973)]. In.'some,cases, the principal agent and primary source of .funds will be the same,orginization or party. However, it is anticipated that in numerous cases, different parties will.be involved--e.g., for an airport extension project to be carried out by a public Authority, the source of -A7- funds may be the federal Department of Transportation under the congressionally'funded and designed program for airport, development assistance (AADA Act). In some cases., thelsource of authority is clear--e.g., the AEC as the provider,:of construction and operating permits for nuclear ,power plants. In other cases, there may be several source,t- of authority at different government levels. For example, a marina may require approval of the town zoning authority for a variance, a permit from the state department of'public works, and a dredge permit from the At,* Corps ofEngineers., Such cases,of diverseauthorities, all legitimatel@,, willicause.thedifficulties. A mechanism for.coordinating these.different levels of authority built into the statelprogram would alleviate the risk of conflicts between these different levels of government. National Ownership or Trusteeship Considerations S66tion 304 (a@ ofthe Coastal Zone Management Act reads as'.f.ollows: "Excluded from.the coastal zone ate lands the use of which is by law subject solely to the discre.- ti'On of or which is held in trust by the federal govern:- ment.11 State management programs will probably not in-@ clude these lands directly. However, a state program may have elements which will impact on federal lands in. that state. For example, if a state's program allowed residential or private@.Xecreational development near a national park, it would probably increase visitor pres- -AB- sure on the park. Such impacts on.federally owned resources would constitute an indication of national interest. g. National Security Considerations National security provisions are mentioned in only two places Within'.,the Act. Specifically, these are Sections. 301(c)(3) and'.307(d) of the Act. The context of these sections provides that the Secretary of Commerce is charged with responsibility for ensuring that considera- tibns for the national defense are not overlooked in the approval or disapproval of proposed activities within the coastal zone of the United States. However, national security considerations may be upheld by other provisions of:the Act as well, despite no specific mention of the issue.: Section @3041(a) Exclusion of federally owned or entrusted lands from the. coastal zone Section,307(b Views.of agencies principally affected by management plans shall be taken into account Section 307(c) (1) Authority of agencies-to conduct or support activities (2) Authority of agencies to undertake development projects. In@this context, "agencies" might be read as "agencies concerned with national security." The extension to nation- al security then becomes obvious. Additionally, federally owned or entrusted lands might very well bedefense estab- lishmen ts. It is conceivable that a statels management, -A9 - program may allow an activity/facility which, while consistent with its own interests, is detrimental to national defense interest. Such a case might be a state s advocacy of offshore petroleum drilling.in.an area criti- cal to the Navy for maneuvers or other military exercises. Such an actionyould be inconsistent with the national interest. This@.does not imply, however, that the Secretary of.'Defense would have a veto power over a state's coastal zone program. @'This test would simply alert a state that a problem existed, which would then be handled through procedures set@,u b the state and b the federal Office p y of-:Coastal Zone Management to coordinate stateand fede@ ral- interests. IL National Intere@st@Adiudication The Secretar of Commerce is specifically-charged, in the y Coastal Zone.Managem'ent Act with (1) deciding appeals, from applicants fo.r,,,federal permits for coastalactivities which have.been..refuse,d by a state for not being in accord with a state program; and with (2) allowing federal agen- cies to approvef@ when necessary, projects inconsistent with a state's plan. Both of these actions should take. place only.i.f the.activity or facility in question is con- sistent with the purposes of the Act or necessary for na- tional security. Since the Secretary is so charged, it is in the national interest to have 1) A proces.s for deciding the,appdals at the sec retarial level (for which the Department of Com-. -AlO - merce will be responsible) 2) A well-thought-out process at the state level to allow the inclusion of spokesmen for the national interest in disputes over specific facilities or activities Legal Considerations Anumber of legal concepts and realities may also be of use.in determining the character of the facility/activity. For example, the Constitution provides for federal author- ity over "interstatEi-commerce," national defense, and international relations. Admittedly, concepts such as. interstate commerce have been stretched through court decisions to.inc:lude almost any activity that the federal government has@chos.en to regulate. Nevertheless, the con-stitutional'basis for establishing national interests -must be closely considered. An impor- and authorities@ tant question would therefore appear to be--is the facility/ activity one which has been or is likely to be considered as.affecting,inter,state commerce? The significance of the commerce clause.@is.w,ell-established-.-e.g., as the basis for 'present federal authority over most activities in navi- gable waters. Facilities and activities for the national defense.or to implement international agreement would be of national interest, and.itis difficult to imagine con- tra,ry cases. Research into the Otility of these and additional legal considerations should continue. For example, the federal -All- power "to tax and spend," also provided in the Constitution, underlies the,.massive federal procurement and1eads program, to. consideration of another possible criterion--whetherzor not a facility/activity has been designed to meet obligations under federal'contract or grant for goods and services. .2. Guidelines for Determining the Degree of National Interest In- volvement a. Identify what resources are necessary to'complete the fa- cility and what the net impacts of the completed project will be on national needs. b. Determine to,what extent the resource commitments necessary totcomplete the facility and the.net impacts of the faci- li@y will.foreclose, future options for alternative uses of the;resources. Implicit here is an attempt to identify the: irreversibility of the proposed activity. The extent of the impact'at the national levelo, foreclosing national options, indicates the degree of national interest concern. C. Having identified necessary input andexpected output, as well as potential options foreclosed, determine to what extent other national needs are compromised and to what extent the collective impacts lie at the nationallevel. The extent to which a proposed activity would obstruct or in some way hinder the satisfaction of a national require- ment. gives some indication of the significance of the na- tional interest involved. d. Determine at what level the most consequences or impacts of a project occur, whether local, regional or national.. -A12- The extent to which the greatest number of consequences accrue to the national level will indicate the signifi- cance of the national interest involved. If the greatest number of,consequences occurs at the regional, level, and cannot be settled by interstate or regional coordina- tion and cooperation, then the national interest will be involved.to the extent of the collectivity of regional impacts. APPENDIX B USER'S MATRIX B-1 A user's matrix has been developed to assist in several opera- tions described in the preceding text. The primary function of the matrix is to act as a refinement of Section 1 of the National Interest Guide. oncea potential impact on the nation interest has.been identi- fied by using the guidelines developed in this report, the decision- maker can assess more precisely the impact a particular facility/ activity will have on the national interest by using the matrix to see the effect the project can have on a wide range of social and naturalfactors. The factors reflect the broad range of interests that the nation has in the coastal zone, though not all of the factors, obviously, will apply to every project. It should be stressed here that thel,matrix is not intended as the final word on variables involved in determining national interest in coastal facilities siting. The decision-maker should-tailor the matrix to fit each situation, selecting relevant activities, characteristics and factors,.adding some of his own design if necessary. The information obtained from the matrix may also be used by the decision-maker to assist the-implementation of Section .2 of the National Interest Guide. Here it will help identify the impacts of acompleted project (2a) and assist in determining the effect of-the project on national requirements (2c). A third function of the-matrix is to assist the decision- maker in determining impacts of proposed activities as part of the "adequAte consideration process.". The fourth and last function is to guide the Secretary of Commerce in deciding.appeals of state siting decisions under Sections 307 (c)(3) and 30.7(d) of the Act. It will provide the Secretary with information on the impacts Of a proposed facility in addition to that presented by the applicant, state, and federal agency involved in the appeal. B-2 The matrix has several elements: 1. Categories,of coastal activities, ie., activities which can or do occur on thd coastline. These categories cover a number of types of activities. some examples are: a. offshore facilities b. resource extraction c., ecological preservation d. industry-transportation Each category has subheadings denoting a@,ctivities which are subsumed under the general category. For instance,,, the specific entries under resource extraction are: a., commercial shrimp and finfishing b. commercial shellfishing c onshore oil and gas wells d. onshore mining and quarrying e. sand, gravel, and shell mining f. seawater chemicals extraction 9. desalih''ization (note: offshore.oil and gas wells have been included in offshore facilities category) Characteristics of coastal activities, i.e., an enumeration of specific projects,'actions, or facilities resulting from a particular category of coastal activity4 These actions impact on the.factors of #3.below. Examples of these characteristics, again under resource extraction, include: a. Stock introductions b. collection of species C. temporary housing processing plants e. towers. and platforms, f. excavation 9. dredging h. wastewater i. seawater intakes J. pipeline k. submerged fencing 1.1 evaporation beds M. slips and berths n. channels B-3 o. breakwaters and jetties p. fuel docks q. docks and piers *r. boatyards @S. boats and barges 3. Societal f actors - social, economic, na-t-ura-L. resotirce,, and constitutional-legal which describe the niational interests. Two elements of the matrix are not explicated in the same detail as the above, because they depend entirely on the particular sitaation being analyzed. They.are: 1. A description of the changes in the factors after impact by the coastal activity in questions (called' "Consequence conditions" in the matrix). 21. An assessment of the value of the coastal activity toward fulfilling the seven broad national objectives outlined in Section 1 of the National Interest Guide. These elements are discussed below.. The matrix, as evidenced from the example provided,involves, performing several functions. The decison-maker should use it in three steps. 1. Select the facility/activity concerned from the categories of coastal activities (#l on the matrix) and plot it against,the characteristics given for that category (#2 on the matrix). This allows the specific characteristics of or actions resulting from an activity to be seen. 2. Plot the characteristics of the activity against the societal factors (#3) to determine the impact of the siting of the facility on the national interest. A check in the box indicates that an impact exists. This impact is t1en described in the "consequent conditions" section (#4 in the matrix).. Not all factors will be impacted, of course, and of those that are, some will be more heavily impacted than others. 3. Determine the importance of each impact on the national interest by evaluating what effect the impacts will.have on fulfilling or obstructing the B-4 broad national requirements in Section 1 of the National interest Guide; determine what environ- mental, social, or economic effect the siting of the facility can have at the regional or national level, as well as how heavily the federal presence is involved, also in accord with Section 1 of the Guide. After completing these three steps, the decision-maker will be able to see how severely the national interest will be impacted by siting -(or not siting) -a facility on the coastline. Several sites may be run through the matrix to determine the national interest impact of alternative sites. The information obtained from the matrix, the decison-maker should also have some information for deciding the net impacts-of appropo'sed project on national needs, as required in Sections -(2a) and (2c) of the National Interest Guide. The following pages list in detail the categories and charac- teristics of coastal activities and the social factors used in the matrix. 1. Cate .gories ofICoastal Activities a. Recreation Motorboating Beachcomging-strolling Boatfishing Clamming-bait collecting Waterskiing Picknicking-cookouts Sailing Contemplation-observation Surf fishing Painting-photography Pier fishing Wildlife observation Swimming Hunting Surfing Horseback riding Scuba-snorkling Beach and dune driving Wading Shopping-boardwalking Sunbathing Ocean-view dining Group beach games Sightseeing pleasure driving Camping Source: Jens Sorensen, A Framework for Identification and Control of Resource.Degradation and Conflict in the Multiple Use of the Coastal Zone. f-hiswas used as the basis for coastal activities categories, although we added to and changed some for our own purposes. B-5 b. Industry-Transportation Sewage treatment Highway transport Industrial operations Air transport Power lants Rail transport Military facilities Navy and Coast'sGuard operations Communications Marine research Marine transport C. Residential-Commercial Residential development Single-family dwellings .,High-rise or multiple dwellings Commercial services Tourist-oriented services Small businesses Large chain-businesses Shoppin4-centers d. Resource Extraction, Commercial shrimp and finfishing Sand, gravel and shell mining Commercial shellfishing, Seawater chemicals.extraction On-shore, oil and gas wells Desalinization On-shore mining and quarrying e. Offshore Facilities Oil and gas wells Sand, gravel and shell mining Atomic power.plants Seawater chemicals extraction Mineral mining f. Ecological Preservation Wildlife refuges National parks Wilderness areas State-parks Natural areas g. Historical, Cultural, and Aesthetic Value Preservation Historic sites Historic structures Unspoiled areas of natural beauty Unique areas of particular American cultures B-6 2. Characteristics of Coastal Activities2 These are specific parts oractions.of coastal activities that have potential impacts on the factors defining the national interest in the coastal zone,.and therefore on that interest. a. Recreation Protection of species Roads to shore Collection of species Turnouts and vista points Landscaping Roadways and parking areas' Utilities Channels Sewage and trash disposal Breakwaters Picnic.facilities Groins and beachworks Signs and billboards Bulkheads and seawalls Fences Navigation aids Toilet facilities Docks and piers Structures Fuel docks Vehicle trails Slips and berths Paths to shore Boatyards Vehicles Boats Launching ramps b. Industry-Transportation Collection of9pecies @Water impoundments Practice ranges Solid waste Defense operations Waste water and sewage Power pylons and wires Nuclear reactions Transmission towers and antennae Fossil fuel combustion Utilities Bulk refining and processing Fences Tanks, elevators and warehouses Runways Structures Airdraft Bulk and fuel loading vehicles Navigation aids Railroads Slips andberths Roadways and parking areas Channels Btilding site cuts and fills Breakwater and jetties. Roadbed,cuts Docks and piers Bridges Shipyards Roadbed fill and causeways Nuclear ships Conventional ships 2Source: This section is based in large part on work by Jens Sorenson in A Framework for Identification and Control of Resource Degradation and Eo--nflict in the Multiple Use of the Coast'al Zone. B-7 c. Residential-Commercial Septic tanks Structures Sewage systems Roadways and parking areas Solid waste Landscaping Groins and.beachworks Vegetation clearing Bulkheads and seawalls Irrigation , Signs And billboards Water impoundments Vehicles Groundwater withdrawal@ ..Utilities Drainage improvements Fences Cuts and fills d.- Resource Extraction stock introductions Submerged fencing Collection of species Evaporation beds Temporary housing Slips and berths Processing plants Channels Towers and platforms 'Breakwaters and jetties Excavation Fuel docks Dredging Docks. and piers Waste water Boatyards 11 Seawater intakes Boats and barges Pipelines e. Offshore Facilities Petroleum and mineral prospecting Drilling Gangue dumping offshore beneficiation Radioactive waste disposal Release of radioactivity to water and air f. Ecological Preservation Restriction of commercial, residential, and industrial devel- opment Recreational uses of land National,,state, and local government acquisition of land Interpretive and other facilities for'visitors g. Historic, Cultural, and Aesthetic Value Preservation, Restriction of development Preservation and restoration of structures Preservation and restoration of land Restrictive building codes Interpretive, parking, and other facilities for visitors National,.state, and local government acquisition of land Cosmetic procedures (e.g., burying cables) to preserve aesthetic values IT M 0 01. 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Social Factors An important part of the national interest in the coastal zone is.represented by the health.and social welfare of its people. These considerations are represented by-the numerous social factors and their respective indicators. The impact on the national interest may be seen specifically by,the way various coastal activities affect these factors. Social factors have been assumed.to be those "thingsl' which repre.sent the major aspects of our society, orthose areas which comprise the basic human needs and wants, and reveal the general well-being of the entire population. There are essentially two types of social factors, objective and subjective. An objective or external social factor is one,whidh isamenable to direct measurement and can be employed to some extent as a decision-making tool.. A social.facto,rwhich cannot be quantified (i.e., have a dollar value assigned to it or have statistics gathered on it),is called,subjective or internal. This type of factor includes such individualistic social aspects as happiness, desires, satisfactions,-feelings, etc., and by present techniques cannot.be quantified when decisions have to be made. Many planners, policy-makers, etc. recognize the importance of the subjective as well as the objective social factors; but since no method of.quantification presently exists, their use as an e.ffective,decision- making tool is very limited. Only 'Objective social factors and their indicators, therefore, are considered in the matrix. B-9 It was stated earlier that the impact on the national interest maybe seen specifically by the way coastal adtivities affect these factors. Actually the factors themselves are not directly affected by an activity. It is the indicators that are affected, which, in turn, have,an effect upon the- factors. A good example would be that of an industrial development which increases the.extent of'-private ownership ofthe coastline. (an indicator) which decreases public access to the shore (a factor). Like a social factor, a social indicator does not possess a firm, concrete, widely accepted-definition. Many sources, howeverf perceive social indicators to be 1@ instruments for detecting changes in factors; 2) instruments for monitoring progress toward social goals; 3). measures of changes in factors this view has,been adopted here. I.tem.3).demonstrates the quantifiable characteristics,of-the factors chosen. The individual social factors and their indicators were selected based on the following criteria: 1) that each factor reflect a fundamental need or want 2) that each.factor be quantifiable in some way 3) that the list be as comprehensive as possible .4) @that the list not contain any redundancies. No long lists of criteria were utilized in devising the indicators for each factor. -All that was requkired-@ was that each.be a means.of measuring the ehanges in its respective factor. The social factors and their indicators are outlined below. B-10 Factor Indicator (1) Population Density Geogra hical distribution _p' Income-levels Occupations Age (2) Access---to public Private ownership of land facilities Proximity of public area.to place of residence Natural preserves and wildlife refuges Pollution and waste disposal 0) opportunities Availability of programs for education and Quality of programs training Cost of programs financial. restraint Income of consumers Racial and sexual barriers (4) Employment Unemployment rate Introduction of-new business and Andustry Growth in population Racial and sexual barriers (5) Public health and Health care facilities and delivery welfare. Environmental health- Water pollution (drinking water, recreational.useB, marine food Sources) Air pollution Disease control Disaster warning Hurricanes, tsunamis, storms Air raids. Flood warning and control (6). Housing Population pressure Interest rates Cost of construction Income levels (3) Leisure and National parks,.,seashores,, riverwayC*F, recreation.. wildlife refuges, etc., providing recreational facilities (8) Food supply and Onshore fishing facilities, dis-. distribution tribution systems (9) Transportation Interstate highways Rail, air, and.marine facilities B-11 @(10) communication Warning systems Transportation systems b. Economic Factors Since economic considerations are involved in any assess- ment of national interest, three sets of economic factors have.been included in the matrix. They are subjective economic factors, a regional income factor,-and pecuniary factors. Subjective economic considerationslare those basic to a concept of economic efficiency and which do not readily admit of quantification in money terms. They.are often over- looked in the concern for obtaining quantifiable measures 'Of economic well-being, but they represent considerations which may be significantly affected by coastal activity siting. For that reason, they should be dealt with in any assessment of national interest. Aregional income factor is included to measure the change, in regional income levels.,. This factor is termed 31regional" for convenience. It.can actually be used to measure changes in income in any area a decision-maker chooses to'draw a boundary around, from a municipality to a nation.,, Since this study,deals with the national interest, however, we are including this factor as a method of measuring changes in the income-of an interstate region or of the nation. The pecuniary factors were derived primarily from the system of economic accounts in use in the United States today. in the absence ofregional income analyses, and where care.- fully used, these factors provide a guide to the magnitude B-12 and geographic extent of the economic effects of a given development scheme. They do not, however, measure.the eco- nomic.merits'of alternative coastal allocation schemes, as does regional income analysis. This list of economic factors is not a final, unalterable set. Local decision-makers will haveto select characteristics that,fit theirown areas. Use of the economic factors alone, moreover, will not provide an adequate assessment of the national interest. Economic considerations should only be used.in conjunction with the otherfactor categories in the matrix. Subjective economic considerations These considerations, difficult to quantify in dollar terms,..represent areas which may be.significantly affected by coastal activity-siting. They have-direct, yet often subtle implications for resource allocation decisions, assuming one desires the allocations to be economically efficient and politically acceptable. a) National objective This is a reflection of the desires. of the citizenry of the United States. What are,these desires with regard to the coastal zone? Shall we devote the coastal zone to nuclear power plants, or offshore drilling rigs, or pleasure boating, or what? The choice of coastal activities.is both a reflection,of societal values and a formulator of B-13 them. For,example, a truly strong desire for the pre- servation of wetland s (not merely a professed one) could be expected to be reflected in any national objective@ with regard to the coastal zone., and thus have an effect on activities located there. b) Information available to society Going hand in hand with the development of societal objectives mentioned above is this highly important factor. Its inclusion stems.directly from the consideration that perhaps society may,not be able to make the right decision, due-to bad information or lack of it,.and thus adopts a faulty.value system. The best way to avoid this problem is.to provide proper information on the effects of allocation decisions. To the extent thatJack of information affects consumption decisions or that experience from past al- locative decisions affects,those yet to be made, infor- mation availability is an economic consideration to be used in national interest assessment. C) Market breakdown Assuming that the private market is theallocative mechanism",in use, the following become strong factors in determining the effectiveness of its operation and hence the allocation decision made. (1) spillover effects (externalities) An externality or spillover is an effect of.one, person's consumption of a good on those, not consum- ing that good. The classic example is water pollution. B-14 An industry uses water in its manufacturing processes and returns it. polluted to the river from which it came, resulting in a decrease in the recreational or drinking water potential of the rivet downs tream@ It should be asked what-effect a coastal allocation decision will have in terms of spillover costs. (2) Goods subject to decreasing costs In pure competition, allgoods.will be sold.'pre- cisely for what it costs to make them (marginal cost). If this marginal cost is less than the average cost of the goods, the producer loses money on each item sold and.does not produce. Society, which may be willing to pay for these goods, is a loser. E.g., a lighthouse could not.be a money-making proposition.. 'Public action m4y be warranted here, so the effect on allocation decisions is obvious. .(3) Contracting costs Ideally, decsions in the marketplace (to buy, to sell, to.locate) are made at zero cost. In reality, it costs.both in money and in social terms to make these decisions. This is abrecikdown in the market, and it might affect the decision whether or not to locate an activity in a given coastal zone. An example of.this.is the expense involved in acquiring, land for a national seashore, where many dollars and hours are spent to arrange the transfer of property from one owner to another.. B-15 .(4) Collective goods Public. or collective goods are those from which everyone benefits, whether they wish to or not, which everyone owns-in common, such as air and water,.or the fish resources of the water column, and which cannot be priced. Lack of a price lealds to the market's inability to handle the commodity, and to its overexploitation or misuse. The effect of an allocation decision may have serious effects on a public good or goods,..and this factor should be carefully considered. d) Distribution of income In the context of coastal zone allocation decisio'ns, there may be vast numbers of people who actually suffer from resource allocation to a given activity, while only. a few gain. The losers have lost a measure of expression of their willingness to pay in the marketplace, and t he winners.have gained a considerable say. Allocation decisions in.the market are less than a consensus, as, monetary power shifts to a.telatively few people whose values are probably different from those less wealthy. Shifts in the other direction can occur through various methods of income transfer with theopposite effect on allocative decisions. A classic exppple of control of coastal allocation decisions by a relative few is Cape Cod in Massachusetts, where wealthy landowners control much of the coastline. B-16 Few who have visited the area and had an-opportunity to walk. the beach'will deny the high level-of preserr., vation.in a relatively natural state. Compare this to municipal beaches in New Jersey where, at least indirect- ly, a large number of less wealthy individuals have expressed their desires for coastal recreation. Any, resemblance to a natural shoreline is purely coinci- dental. Nonetheless, the decision has been made, and only serves to emphasize the fact that the nature of@ allocatlive decisions is heavily affected by those who make.them. In the marketplace, this means those with money.. e) Political considerations most definitely these are a factor in affecting coastal allocation decisions., Not all decisions are made in the context of the marketplace, quite obviously, and a large number of non-eco.nomic factors enter into them. Public, sentiment has long.affected the actions of decision makers. Indeed, strong public expression.(other than monetary) of a national goal in the coastal zone would have farreaching effects on the allocation decisions made there. The Alaska Pipeline delay is an example.. This is a two- way street, however. Well-organized and.well-funded lobbies which represent something less than broad,public opinion exist precisely to use this factor in-aff6cting allocation decisions, both along the coast and elsewhere. The: resulting allocations may have farreaching effects of B-17 both a subjective and a pecuniary economic nature. Thus, political .considerations must be deemed a factor in resource allocation. .Not all of these subjectiveconsiderations.will apply in like,manner to every coastal siting decision or in every coastal region throughout the nation. The national objective in the ...coastal zone as seen by residents of Oregon certainly will differ'from that in the view.of-.New Jersey residents. The extent of environmental spillover effects from an oil pro- duction facility'of,the coast of Alaska will differ somewhat from that of.a similar facility off the coast of New England. Again, the use of these considerations and those which follow will.. be up to the ..regional., or local decision-maker-, who.-must decide which are essential to his national interest assessment. The list must be tailored to the region and the case under @consideration. A list of subjective economic considerations is pre, sented in Table 1. 2) Regional income level considerations The next economic factor is that of regional income, .analysis. (The reader will recallthat "regional" is used for conveniencei and that "region" as used here means an interstate region orthe nation.) This factor consists of the net difference in real regional income occasioned by under- taking one coastal siting alternative as opposed to another, or as opposed,to leaving the site in its present use. A. TABLE 1 SUBJECTIVE CONSIDERATIONS a) Nationalobjective b) Information available to society c) Market breakdown (1) Spillover effects (2) Goods subject to decreasing costs. (3) Contracting costs (4) Collective goods d) Distribution of income e) Political considerations B-20 3) Pecuniary economic considerations Pecuniary economic considerations are readily quantifiable and are drawn from the national income accounting system as representedin the monthly U.S. government publication Economic Indicators and related publications.,, These considerations present a numberof factors, which, when properly used td avoid pitfalls such as double counting, provide a guide to the nature of the magnitude and geographic extent of economic effects expected from a development scheme. They do not,- however, provide the uniquely defined set of numbers which regional income analysis produces to measurethe relative merits of alternative development schemes. @For purposes of this analysis, three sectors of the economy.are considered: -or: rivate sector a) the personal. b),. the governmental sector; c) the industrial or business sector. Much.time and effort couldbespent in measuring changes in the levels.of everything from cigarettes sales taxes to the price. of safety pins, and measuring the effect on them of a change in the.makeup or level of coastal activities. This would be futile, however, The situation must be modeled in order that a reasonable approximation to real circumstances can be made using relatively few parameters. Choice of the parameters (factors) depends on their applicability to "greater than local" interests. The factors particularly applicable to these three sections have been jointly derived from both the 1967 Supplement B-21 to Economic Indicators,and the 197.1 edition of State-Local Finances and Suggested Legislation. Table 2 indicates the pecuniary factors., c. Natural Resource Factors Since the coastal zone is heavily used now, with the promise of even.greater use in the future, our impacts on the naturalres.ourc6s of this area must be considered carefully and modified, if the area is to remain useful and productive for man. For this reason, natural resource factors have-been included in the matrix to allow an assessment of the environ- mental effect of specificcoastal zone projects. The factors lean heavily on water quality, not only because it is the primary element which determines overall.environmental quality in the coastal zone, but because the federal government has expressed a clean water policy for the country., The maintenance 0 f water quality in general may therefore be construed as being in the national interest. The factors.also emphasize estuarine areas, because they are most.vulnerable to man-caused stresses, and because their importance as breeding and nursery grounds, for fish, traps for pollutants and sediments, etc., is now undisputed. They Are such a prevalent,feature-of the coastal zone that their health' must be considered in the nationalinterest, as well as in the interests of the regions in which they are located., The third important aspect of the factors is the areas B-22 TABLE 2 PECUNIARY CONSIDERATIONS a) Wage and salary levels b) Transfer payments to government and private sectors c) Interest rate (opportunity cost of capital) d) Tax levels Property Personal income Corporate income e) Commodity prices Durable goods Non-durable goods Housing f) Level of national. defense spending B-23 4 designated as crucial life support systems or "vital areas." These are areas that should be considered as nationally impor- tant and strictly protected, because of their unique life.' support capabilities which contribute in a major way to t.he health of the coastal zone. in the section:on shorelands or uplands, defined as those lands above the coastal.floodplain which are not.inundated by even the most.severe storms, only the watershed character- istics have been'dealt with. These charactertistics form the primary influence of the uplands on the coastal zonef by providing freshwater inflow. The uplands do have other effects on the coastal zone, however, and coastal.decision-makers, depending on their geographic locale, may wish to emphasize this.:a.rea more heavily than has been done here. In using the matrix for a specific project in a specific locality, obviously those doing the analysis will have to,select factors thatare relevant to their situation; effects on-coral reefs would have no significance in Massachusetts, for instance. A complete list of the natural resource.factors follows. 1) Marine characteristics a) Water physical and chemical properties (1) Salinity (2) Depth (3) Turbidity (4) Circulaition/currents lJohn Clark, Coastal Ecosystems: Ecological Considerations for Management of the Coastal Zone.(Wa ng D.C., 1974), p. 59. B-24 (5) Nutrients and trace elements. Temperature (7) Geologic basin characteristics (8) Toxic substances and.biocides (9.) oxygen (10) Pathogens (11) Sediment b) Biota (1) Plants (a) Phytoplankton (b) Aquatic plants (rooted and floating) Animals (a) Mammals (b)' Finfish (c). Shellfish (d) Worms and other invertebrates (e) Birds M' Zooplankton and larvae c) Crucial life s,upport systems (1) Coral beds (2) Kelp beds (3) Dunes and beachfronts (4) Barrier:islands (5) Nursery area s (6) Wintering areas (7) Migratory pathways d) Carrying capacity (total resource capability) e) Recreational and aesthetic potential 2) Estuarine characteristics a) water physical and chemical properties (1) Salinity (2) Temperature (3) Circulation and associated geologic basin ch-aracteristics, including flushing rates (4Y Freshwater inflow B-25 .(5) Stratification .(.6) Sediment '(7). Nutrients and trace elements (8) Toxic substances and biocides (9) oxygen (10) Pathogens (11) Turbidity b) Bi-ota (1) Animals (a), Bacteria (b) Larvae and zooplankton (c) Finfish (d) Shellfish (e) worms and other invertebrates mammals (g) Birds (h). Reptiles ]Estuarine-dependent species (2). 'Plants, (a) Phytoplankton @(b) Aquatic plants (rooted and.floating) (c) Productivity of plant commiinities c) Crucial life support systems @(l) Mangrove,communities .(2) Drainageways (3) Coral reefs (4) Shellfish beds (5) Grass beds (6) Wetlands (7) Vegetated tidelands (8) Tideflats (9) Nursery areas (10) Breeding areas (11) Wintering areas (12) Feeding areas B-26 @(13) Migratory pathways d) Carrying capacity (total resource capacity) e) Recreational and aesthetic potential: Shorel.and (upland) characteristics watershed drainage a) Freshwater flow into coastal areas (1) Rate (2) Amount (volume) (3) Dissolved substances (a) Sediment (b) Toxic substances and biocides (c) Nutrients and trace elements (d) Oxygen (e) Pathogens b) Crucial life support system -,drainageways for water flow (1) Channeled flow (2) Surface flow (3) Sheet flow M Characteristics affecting flow (a) 'Vegetation cover (b) Excavation, surfacing, and other development activities d. Legal-constitutional factors Since the full range of the legal hierarchy is involved in determining national involvement in the coastal zone, the legal-constitutional factors reflect this range. The types. of law referred to here are 1) cobstitutional law 2). legislation 3) @administrative regulation .4) @oommon law These categories will be involved in areas which apply to the coastal zone both specifically, as in admiralty law, wetlands B-27 regulation, and navigable waterways, and generally, as in taxation, nuisance, equal protection, eminent domain, and health and welfare*. Often, where specific activities are concerned, under- standing that different parts of an activity relate to dif- ferent areas of the law and come under the jurisdiction of varying local, state, regional and federal@agencies is difmTi ficult., The matrix will allow the coastal decision-maker at least to see the areas of federal law involved in a project. The decision-makdr will also have some idea of the difficulty of changing any of the laws involved, or changing the inter- pretation of a law, should it be deemed necessary. While the matrix does not point out.specific agencies and level's of government involved, this should be an area for further study and analysis. APPENDIX C Case Study of "Adequate Consideration" of the National Interest in the Siting of a Facility TABLE OF CONTENTS NATIONAL INTEREST TEST AS APPLIED TO NUCLEAR POWER PLANT SITING A. Introduction B. Problems of Nationwide Concern @Health and Safety Considerations. 2. Environmental Considerations 3, Energy Policy Considerations 4. Foreign Affairs Considerations 5. Concluding Remarks C. Affected Federal Interests 1. He alth. and Safety-considerations 2. Environmental Consid erations 3. Energy,.,Pol,icy Considerations 4. foreign Affairs Considerations D. Concluding.Remarks THE NATIONAL INTEREST AND THE CONSTRUCTION-REALIZATION. PROCESS FOR A NUCLEAR POWER-PLANT A. Overview of the Process 1. Stage Three - Preconstruction Approval of .Site and Plan Design 2. Stage.Four Construction and operation 3. Concluding Remarks B. National Interest incorporated into the Nuclear Siting Process 1. Health and Safety Considerations 2. Environmental Considerations 3. Foreign Affairs Considerations 4. Energy Policy Considerations C. Defects in the Nuclear Power Plant Siting Process in Relation to the National Interest Avoidance of Issues 2. The Private Making of Public Decisions 3. Siting Delays @4. Concluding Remarks I. NATIONAL INTEREST TEST AS APPLIED TO NUCLEAR POWER PLANT SITING A. Introduction In applying the national interest test to thi,s case study,, it 'is firstuseful to point out that there is a close relation- ship between the first two elements of the test; i.e"., specific types,of impacts (element no. 2) can be categorized according to their relationship to broader categories of problems.of identifiable nationwide concern (element no. 1). Thus, for the purposes of this analysis, these two elements:are distin- guished.only insofar as they represent different levels of aggregation. Withre.gard to,the "fedeiral presence" aspects of the test (element no.. 3j, it should be noted that such "presence'l cn take many forms. In some cases, affected national interests are.firmly institutionalized in.the form of agency departments, programs, and-regqlations; in other cases, the national interest may be as.nebulous as a broad declaration of Congressional policy. Further, some national interests have yet to be articulated in.any way but are the subject of developing con- cern and pending legislation. To the extent that national. interests are institutionalized, the analysis will comprise a sort of "A-95review" in reverse, and will include observa- tion as to the nature of federal involvement (degree of conclusive say in decision, extent of shared jurisdictio,n,.,etc.). To the extent that national interests remain ill-defined, the C-2 discussions are necessarily limited to issue identification and tentative evaluation. B. Problem Areas of Nationwide Concern Nuclear power plant siting in the coastal zone, whether onshore or offshore, is integrally related (to varying degrees) to four major problem areas that.are clearly identifiable as matters of nationwide concern: 1), health and safety policy; 2) environmental policy (pollution control and resource management);' 3) energy policy; 4) foreign affairs policy. All of these cover 'a wide range of concern and impact to both the natural.and the human environment. The impacts in each area can be classified as direct or indirect, tangible or intangible, long- or short-term, little- or well-understood, controversial or non-controversial. Impacts are associated with both the construction and operation stages of the siting process, as well as with activities that take place in conjunction with the existence of a nuclear facility (e.g., power trans- mission, fuel extraction and processing etc.). The general nature of many of these impacts are well-documented,@and their relative significance depends heavily on the particular site in question. The purpose here is not to provideia compre- hensive assessment of the potential effects of nuclear power plant siting., but to identify the full range of considerations within the four broad areas listed above that have national. interest aspects. C-3 1. Health and Safety Considerations The health and safety aspects of nuclear power plant siting can be divided into three basic categories, all of which pertaintothe ri.sk-lof.radioactive emission surrounding the use of fissionable nuclear fuel. These include the potential dangers associated with: 1) extraction and processing activities; 2) transportation of radioactive-wastes; 3). on-site use for power generation; 4), ultimate long-term storage. Emissions., can be further classified as low-and high-level, 'corres'onding,,to.normal operation and accident situations.' p Radiation exposure.@can-have both somatic (damage to an exposed individual) and genetic effects on human beings. Somatic effects known to result from high radiation doses that might occur in an emergency situation include:.various types of cancer; cataracts; fetal abnormalities; and unspecific life- span shortening. The extent to whichzuch affects can be extrapolated down to low-level, long-term situations is still, aMatter of controversy. 2. Environmental Considerations The environmental impact of nuclear, power plants can be divided into two basic categories of concern: 1) pollution control, and 2) land and water resources management. The former deals.primarily with the use of air and water during the operations stage, while the latter involves the commitment of.land and.water resources during the construction stage. c-4 Pollution Control Fora nuclear facilityl.the primary mode of pollution is associated with the discharge of large amounts of heat into a relatively small area of either the aquatic or atmospheric environment.. Thermal pollution in estuarine areas,can result in disruptive effects on the populations of important aquatic species with narrow thermal tolerance, especially where the speci es are living close to the upper or lower.limit of this tolerance. Other potential effects. to fish include inter- ference with migration past the outflow, changesin the chemical signals used to find food, and changes in growth rate and spawning times. Other deleterious effects might arise from changes inthe assimilative capacity ofthe waters.for,other polluting,effldents. With regard to atmospheric effects, cooling towers may produce fogging and icing, change air temperatures or rainfall patterns, or (in the case of salt water towers) spread salt around the plant area.that may affect vegetation and fresh water suppliesi Also, facilities such as auxiliary units for meeting peak demand or generators,for supplying power during shutdowns should be considered as potential sources @of air pollutant emissions at,a nuclear reactor site. A secondpollution concern in the sense of ecological effects is radioactivity, which under normal operating conditions is released in very small quantitiesIto both the atmospheric and aquatic environments. Radioactive isotypes are subject to concentration in the marine environment and, C-5 transfer through the food chain, making the possibility of a major release (as in the case of an emergency at an offshore facility) a potentially serious situation. While the bulk of pollution problems associated with a nuclear power plant arise during the operational stage, there .are some potential short-term impacts on the environment during the construction stage. These include,the effects of runoff of leachable toxic material in spoil piles, ground water contamination.and sanitary waste disposal. The extent of.pollution surrounding the operation of a nuclear facility depends both on the characteristics of the emission source (e.g., plant design, amount and type of effluent, etc.) and the receptor environment (e.g., dispersion climatology hydrodynamics, chemical and biological interactions, etc.). ,Water Resources Mana ement In the case.of water resources use, the construction of a nuclear facility may affect: 1) the dynamics of thewater system itself; 2) the use of the water surface and non-living resources of the sub-surface; 3). the lifecycle of living marine resources dependent on the land-sea interface. with regardto the dynamics of the watershed, consideration must be given to hydrogologic factors pertaining to: 1) water supply (surface and groundwater) 2) irrigation/drainage; 3) flood control,,, C-6 .4) forestry; and 5) erosion/sedimentation. For example, utilization of ground water for,nuclear power plants should not exceed the sustained yield,of the ground water.system or adversely effect higher priority uses. Further, reductions.in quantity-or quality of water may have significant impacts on downstream irrigated agricultural lands or livestock ranches. During the construction stage the dredging of intake channels or the deepening of supply channels, in combination with the erection of breakwater and other shoreline protection systems, can have large effects on the.littoral.drift of sediments requiredto stabilize shorelines. With regard to the use of the water surface, (e.g., navigation and waterborne transportation) or the non-living resources of the seabed (e.g.,, extraction of oil, gas, minerals.,,sand and gravel) a nuclear, facility may have an impact in purely locational terms, especially in the, case of an offshore site which could be in.the middle of a shipping lane or aprime mining.area. With regard to the use of.theland-sea interface, a nuclear power plant could have significant impacts on fisheries and wildlife conservation, including effects on: l)- breeding and other natural habitats; terrestrial vegetation and biologically productive intertidal areas which serve as important components of theintegrated environmental setting;. 3) species migration, both daily and seasonal; 4) rare or endangered species protection. c-7 In the case of natural habitat areas, physical alterations might lead to inundation (-e.g., for a cooling pond) of nesting, .spawning or nursery areas. The dredging and filling of wetlands. or salt marshes for construction.can remove important sources of food for the marine biotic community. As to species @migration, the siting of a power plant should allow for protection of zones of passage in rivers, tidal outlets, and estuaries. The location ofa nuclear facility in a marshy area along a major. migratory flyway could potentially hinder or displace populations (e.g., the Columbia River in Pacific Northwest), the timing of fish migrations becomes important in the timing,pf construction events, such as placement or removal of cofferdams which alter the turbidity of the stream. Such considerations should be given special attention in the case, of rare or endangered species. Land Resources Management In the case ofland resources, the potential impacts of a nuclear power plant fall into two general categories: l)-conflicts, with existing land uses in the surrounding area; 2) lost opportunities for other valued.coastal activities on.or near the chosen site. Regarding conflicts with existing land uses,,the siting of a nuclear power plant must take into consideration the possibility of both physical and visual/cultural interaction. with its surroundings. As to physical compatibilityl site regions containing manufacturing plants with hazardous. materials and products, chemical plants and storage facilities, C@ 8 oil and gas pipelines, transportation routes (including airpprts),,.missile sites testing grounds, military bases and other federal lands all have the potential for adverse interaction with nuclear plant operations. A clear example of land-use incompatibility would be the planned construction of a high cooling tower' in a landing approach zone for a nearby airport. As to aesthetic compatibility, power plants can often severly disrupt the visual/cultural integrity of Coastal landscapes through the occupation of.relatively large portions of both horizontal and vertical space. The same is true for transmission corridors which, if not properly screened, intrude upon the aesthetic qualities of the land- scape. With regard to.the.lost opportunity for alternative uses, a number of coastal and land-use planning concerns might be affected b ythe location.of a,nuclear power.plant. These include the needs for: 1) enhancement of public access and.recreation; 2) protection of scenic open spaces and unique natural resource areas; 3) preservation of important historical and archaeological sites; 4) protection of fossil, and rare rock.areas; 5) provision of adequate sites for various industrial, commercial, marine research and education and other activities for which proximity to water is a necessary operational ingredient (e.g.,,ports, aquaculture, marinas, etc.) In the case of natural resource areas, there are locations-that might be suitable as apower plant site but which also have C-9 un ique or rare land forms, vegetation, watercourses, and/or wildlife which are deserving of preservation in a totally undisturbed state (6.g..,, Ga .y Head Cliffs on Martha's Vineyard). Other Considerations The environmental impacts of a nuclear power plant as discussed above pertain directly to the construction and operations of the facility itself. However, a power plant, as a key facility in the economic growth of any area, has an additional "multiplier". effect on the environment insofar as the availability of electric power influences the overall evolution of development in the region. In this sense it acts as a 11complex source", much.the.same as a downtownsports stadium affects.air,pollution levels through the generation of. traffic. @3. Energy Poli2y Considerations The siting of a nuclear powerplant affects energy policy in that it contributes to the larger electric power system that is needed to provide adequate supplies of r eliable power at a reasonable cost. Here, important considerations include: 1) the need for additional capacity by a certain time; 2) the affect of the facility on system reliability, efficiency, and cost-, 3) the appropriateness of the choice of fuel and technology. As to the need for additional system capacity, the decision to build a nuclear power plant must be assessed within the context of the perceived requirements for social and economic development in the region as well as the possibilities of C-10 energy conservation, As to system reliabilit y and cost, important.factors include construction lead-time, pooling and transmission arragements\., and physical characteristics of site (proximity to load centers, rail and highway accessil etc.,). As,to the choice of fuel and technology, important considerations include long-term fuel supply,, research.and development priorities, etc. 4. Foreign,Affairs Considerations Though perhaps not as obvious as in-the cases of health and safety, environment, and energy policy, the siting of a nuclear power plant may have significant effect on foreign affairs. These effects fall into two broad categories: 1), diplomatic relations and international agreements; 2) -national security and well-being. With regard to diplomatic relations, there area number of ways in which a nuclear power plant site in the vicinity of an international border could have significant, effects. For example, radioactive emissions or thermal effluents might cross the boundary and'have an impact on the'people and natural environment of the adjoining country. Or, the large cooling water requirements-of the nuclearplant may have an adverse affect on joint surface water and ground water supplies. In some cases, proximity.to the border may not be the prime determinant of any international effect. For example, a nuclear plant might in some way block thepathways of migratory waterfowl.or otherwise-severely restrict the long-distance movement of wildlife 1 populations covered.by international treaty obligations.' C-11 With regard to national security and well-being, there, are three potential areas of relationship with the siting of a nuclear power plant. First,, there is the concept of energy independence from the rest of the world, in which nuclear power is expected to play a significant role. Second, there is the issue of nuclear blackmail, felt to.be an emerging reality with the current state of technological knowledge which points to the need to provide for the security of nuclear materials. Finally# there is the issue of military security, as some of the recent major power failures have created concern that power systems.might be more vulnerable to attack then had previously been thought. This issue might take on special importance-in the case of an offshore facility, which is, perhaps more Vulnerable than a landbased unit. 5. Concluding Remarks While theabovediscussions are by no means exhaustive, they are reasonably comprehensive and would providethe initial basis for the construction of an impact matrix,to show the complete range of nuclear power plant siting effects insofar as the national interest is concerned. For the purposes at hand, such a detailed presentation is not necessary., since we ,are primarily interested at this point in identifying the, appropriate federal spokesman (if any) that might enter the decision process to be described in Part III. For this purpose, it is useful to summarize the categories of impactsdescribed in the foregoing sections, and this is set forthin Table I. With this as a frameworkI we can now move on to identify the affected.federal interest for each element., C-12 TABLE 1 SUMMARY OF NUCLEAR POWER PLANT SITING IMPACTS WITHWATIONAL INTEREST ASPECTS HEALTH AND SAFETY CONSIDERATIONS A. Extraction and processing of nuclear fuel B. Transportation of radioactive material C. Use of nuclear fuel for steam generation D. Disposal of radioactive wastes ENVIRONMENTAL CONSIDERATIONS 'A. Pollution control 1). air pollution including effects on meteorological/ climatological characteristics of atmosphere 2). water pollutiont including thermal effects on temperature sensitive aquatic species (excluding radioactivityl 3) radioactive effects on marine ecology B. Waterresources management 1), dynamics of hydrogeologic systems (a) water supply.(surface and ground water) (b) irrigation/drainage (-c) flood control (d) forestry (e) erosion/sedimentation 2)- water surface.and seabed use (a) navigation and waterborne transportation (b) extractive uses, 31 fisheries and wildlife conservation (a) breeding and other natural habitats (b) terrestrial vegetation and intertidal marsh (c) species migration .(d) rare and endangered species C-13 TABLE 1 (continued) C.' Land resources management 1) Conflicts with and lost.opportunities for: Cal public access and recreation (b I unique natural resource areas Ccl open spaces and visual/cultural amenities (d) historical and archaeological sites Ce I fossil,,rare rock sites use for transportation, industry, commercial, research and education, military, etc. D. Other considerations ("complex source" impacts) Energy Policy Considerations A. Need for additional capacity B. System,reliability, efficiency, and cost C., Choice..of fuel and technology IV.. Foreign Affairs Considerations A. Diplomati.c'relations and international agreements 1) direct effects across boundaries 2) indire ty obligations i ct effects.on trea B. National security and well-being 1) energy independence 2) nuclear blackmail 3) military security C-14 C. Affected Federal Interests This section describes the current federal role and programs @relative to.national interest aspects of a nuclear power plant in the coastal zone, as summarized in Table 1. The purpose will be to develop a reasonably comprehensive (though by no means exhaustive)-picture of the federal presence in areas of concern that are potentially impacted by a nuclear facility siting process. To meet the requirements of the national interest, the federal government has assumed varying degrees of responsibility in every area identified in Table 1. The nature of the.federal role depends on the circumstances, and includes the following. activities: 11- -direct federal investment in construction, land, or.operations; 2) program review and project regulation, evaluation, or licensing,; 3) preparation of surveys and studies, including inventories, data collection, and research; 4) planning for-public works projects; 5) technical advice and assistance to states through conferences and consultation,F mutual assistance projects, and joint. projects and studies;, 6). financial assistance to state-federal cooperative programs; 7) grants and loans to state and local programs., Categorization of these multitudinous federal activities cannot beclear-cut, as there is a continuous series of interlocking activities among agencies and concurrent jurisdiction with the States. Nevertheless, it is useful C-15 to point out the degree of direct influence on or involvement in decision-making that federal activities havein relation to each'area of concern. In some cases,,the federal presence will have a direct and significant operational affect, while in others,itmay be limited to a purely advisory or coordinative role. .1. Health and Safety Considerations The Atomic Energy Act of 1954, as amended, vests in the Atomic Energy Commission exclusive con trol over all civilian utilization of nuclear fission. As this applies to thermal power plants, the AEC must approve construction and design 'plans for the reactor and for all other parts.of the plant and its operations which involve contact with radioactive matter. The AEC.mandate is the protection of the public health and safety from radiologic hazards while promoting the peaceful use of nuclear energy, and this mandate is applied to all activities surrounding the extraction, processingr use, trans- portation, and disposal of nuclear fuels. The regulatory juris- diction of the AEC over these matters is complete and pertains directly to the nuclear siting process, and will the refore be discussed more fully in Part II of this appendix. 2. Environmental Considerations General In the area of environmental policy, the activities of all federal agencies with regard to the siting of a nuclear power plant are. shaped in large measure by the National Environmental Policy Act (NEPA),.which will therefore be considered prior: C-16 to discussion of.each category of impact under this heading. NEPA comprises a declaration of national policy for the integration of environmental considerations into the future @decision-making processes of all federal agencies. Section 102 of the Act requires federal agencies to prepare environ- mental impact statements for all "major actions" before they @are undertaken, and to make such statements available to the public and government officials for review and comment. This assessment responsibility is broadly stated in the Act.to include: 1) potential environmentalimpacts; %(2)'' unavoidable adverse impacts; ,,@3) irreversible adverse impacts; V4') short-term vs. long-term consideration; %/5), alternatives to the proposed action. Th ese requirements are greatly elaborated on in guidelines, established by,the Council on Environmental Quality,.which has the further responsiblity of reviewing impact-statements. Although-NEPA does not provide a veto power to any official even if theproject assessed possesses realenvironmental hazards, the act does provide new.information to the public by,exposing the extent to which environmental effects are being considered.by an agency. Glaring deficiencies in the statement scope and substantative content, or failure to mee.t procedural requirements, will often result, in citizen group interventionin agency processes, political pressures, and litigation. Since a nuclear power plant siting decision C-17 is clearly a major action of the AEC, NEPA plays a very large ..role in the siting process and will.therefore be discussed more fully in Part II. Pollution Control In the area of pollution control, the Environmental Protec- tion Agency brings under one roof almost all federal activities in controlling air andwater pollution, drinking water quality, solid wastes, pesticides and toxic substances, and environmental radiation and noise. The importance of EPA as the dominant. federal presence in pollution control is indicated in Table 2, which summarizes the various federal activities in the areas of concern delineated in relation to the siting of a nuclear power plant. water Resources Management Federal involvement,in the diverse aspects of water resources management is.quite.extensive, and appears.in all forms. For example, the following agencies participate directly in the development of joint federal-state water and related land management plans: Soil Conservation.Service (Agriculture)@; Army Corps of.Engineers; National Oceanic and Atmospheric@ Administration (Commerce); Office of Planning and Urban Develop- ment (HUD); Bureau of Outdoor Recreation., Bureau of Mines,; Bureau of Sport Fish and Wildlife, Geological Survey (Interior); Coast Guard (Transportation); Atomic Energy Commission, 'Environmental Protection Agency, Federal Power Commission,, River Basins Commissions. Most of these agencies are associated with,the Water Resources Council, established under the Water TABLE 2 FEDERAL PRESENCE IN POLLUTION CONTROL Area of Concern re. Nuclear Facility Agency Activities Air Pollution Environmental -sets primary and Protection secondary national Agency ambient air qVality standards forisix pollutants (non- thermal) -reviews and approves state implementation Plans for attainment and maintenance of standards, including exercise of state authority to prohibit new construction -direct regulation of emissions from new stationary sources through setting of uniform national emissions standards Meteorlogical/ National -observes and reports Climatological Weather weather; develops and Effects.of Thermal service publicizes forecasts Discharges -provides technical assistance and use of federal facilities to state and local agencies Water Pollution Environmental --mreview and approval of (including thermal) Protection state water quality Agency standards under Water Quality'Act of 1965 -establish guidelines for effluent limitations under Water Quality Amendments of 1972 -set standards for new industrial point sources C-19 TABLE 2 (cont.) FEDERAL PRESENCE IN POLLUTION CONTROL Area of Concern re. Nuclear Facility @,cjehcy ..Activities Water Pollution -determine best-avail- (including thermall able control technology Acontinued) and require its installa- tion -issue guidelines for state discharge permit Programs; in case of discharge into:ocean waters, must be consis tent with criteria est- ablished under Marine Protection, Research and Sanctuaries Act of 1972 -approve granting of Permit by Army Corps of Engineers for ocean dumping of dredging materials -issue permit for ocean dumping of,all other, materials, including construction debris -participate in.and provide technical assistance to inter- state compacts.for river basin planning Army Corps -establish criteria of Engineers and issue permit for dredging and filling in navigable waters under Rivers and Harbors Act of 1899 Environmental Environmental -generally-defined Radiation Protection standard setting Agency authority, with enforce- ment through existing AEC licensing authority. C-20 ResouxCes Planning.Act of 1965, a major statement of federal policy to encourage the conservation, development, and utilization of water and related land resources of the United States.on a comprehensive and coordinated basis by all levels of government and private enterprise. The Councilhas the responsibility of maintaining a continuing study of the relation of regional-or river basin plans and programs to the require- ments of larger areas of the nation; and to appraise the adequacy of administrative and statutory means forcoordination. and implementation of related land resources policies of the several federal agencies. The various activities of all federal agencies associated with water and related land resources,management are far too numerous to 6numekatein the body of this report.. However, in Table 3 the activities of these agencies. are summarized as they relate to the areas of concern for a nuclear power, plant site. Tables 4 through 7 expand on selected elements of:Table 3, and serve to illustrate the scope and extent of the federal presence in the water resources, managem Ient field. Land Resources Management In the area of land resources management, the federal pres- ence is.generally less influential, and.can be divided into two general classes: 1), comprehensive planning assistance; and 2) -single-purpose acquisition, regulatory,, and grant-in-aid programs, ;K C-). :E -n V -4 --1 :C Cl b-4 @ @ m tn m M @;:b @-:p f- '):* M <D --I* Q CL rn -0 al i rn C2 r+ CD r- (D C+ n 0 (D M C+ C+ z 0- Agricultureal Re Services C++ < 0 0 M =r Agri.c. ..Stabil-iza and Conservation CL C+ -n 0 0 = CL Farmers Home Adm 0 =S C+ (D v) Federal Extensio 0 (D =r 0 C CD C+ M M Forest Servi,ce :E C+ n C-1) n Soil Conservatio Service 0 CD C+ Cn CL CO C-) ZE -M 4=1 -n C) - - - - - - - 40 M 3:. = ;0 r-. =r (A CA = = CD --I -I= C2 t:b ;a 0 -4 Wv= . MM" =.Z rn Fn rn Fn F, (D (A ;a (A M = a) -0 1, rn 5a Sb C13 @lb -n do qu ;q r- G") --I C-) CA I rn 5. F- --i M C) -C M 2!;In 6 I rn --4 N 9 -h 0 'So. 3w: rn M I M M C2 IW ell M M C+ 0 0 M M V+ CL M z (A Economic Developm Admi nistration C U2 M 0 CL -h 0 V+ 0 --n C Nati onal Oceanic Atmospheric Admin 6h CL < W CD Office of Busines Economics =r C CD C+ CL n -0 C+ C C+ Office of Regiona C+ 0 Economic Developm M 0 0 Cr 0 M =9 M -A. > D> . > CL 0 Department of the Corps.of Engineer C2. X :x z: -n m -n 3@o C@ m 3:- r (A LA -+ .4 ;0 = = Ln im m v Fri M ,;r- m 1-4 rn C) rn rn r- Q LA ;0 (A C2 ;0 ;0 CA 3C 0 rm 31D 321 ,to *Xp -4 C1$ (A C17 -C 003 r, a) 1 31D m 0 r- -4 220 ;a C@ m mm CO a M mv, m: me- CD. MP C13 W C+ -1 C+ C+ C+ Cm 0 Department.'Of Housi m Oa and Urban DevelopmE C+, CL no CL < IV 4A (A CU M -of Mines Bureau m CD Bureau of.,sport U:i CD i and V, Fisheries Wildlife W C+ C") 0) CD C+ Geological Survey C+ V1 to C+ C+ NationaT Park rt- Service m m 0 1 -%. 0 ak. qr+ 0 m 0 ID U:1 rA n ZE C@ 3: --f -4 ZC -n V M @Mp C@ rn )Do= r- _Ub -(A (A Z C) @::b --I M - M = C@ C) --I (A a) '0 rn rn rn -4 V (D rn rn r- C) ;0 CA L = CP ;0 = - CA = M M I @rp -4 M .100 n C -n 3:p **D (D CU --f r* -d) --I n W ;Mp rn 0 r- -4 @;Iw DO M - 0 --I . rn -4 Q -0 a. 4.4 M rn M __j -0 4r+ -a. 1 rn C+ r- C+ C+ IV C+ 0) of 0 OR -" -A CA (D VI .0. W to 01 CA C+ 0. W no CA (a CD % -A 0) 0 W n z Go cc C+ 0 Coast Guard w -n r- (D (D (D Federal Highway 0 0 Administration C+ W (D -A. :3 C+ (A 0 n CD =S (D (D W C+ Environmental Pro M n -0 C+ W tection Agency C+ C+ CD Council of Enviro 0 (D mental Quality Cr 0 C+ CD 0- -1 (D -n al M M __q __4 X: -n m r, 321p c2 _n x 0 ;a 'cb CD M ):@b = M r- :;1w rAn LA CD @,_b -4 ;0 C2 0 = Ma M rn rn -4 C2 (D M M r, C) ;0 M M 1= ;a 3@* V) 2C M -0 __4 M M Cl) CD q__ = > > Q r- c') (A 3:1- rn ED F- --j M > rn W" CO q M -4 Q -0 to (D 0 ;a C2 0 M M t zz C+ -S I M r- L- 5, 0 :3 CL -C M w C+ (D C+ tQ (1) (D (ID C+ + =r 0 =5 M C+ a# M (D :j0 -4 _j D 01 ::1 w (D W _h (D C+ U) :z (+ 0) n Q M Dj! rt 4M M rt FA. Is '. .. Office of EmE M 0 Op 0 as Prena @3 z _1h z I. . .. qexicy P)0 ct, 0 -n w M.0 M CD 0 0 M 0 .,4 (a 0 H M @.0 (t CUM Interstate Com- o r.L merce Commissio C+ (+ :3 r+ (A 0 0 rt 0 0 -8. M Qj - 0 20 =r :3 C"t to (D Water Resources rt r_ > :> > > > > X 0 Council n C-) C-) C') %0 P- :3 N C+ 0 M 0 Z 0 -0 0 h rt Cr rt "It C+ @r "D D C-26 TABLE 4 WATER SUPPLY Farmers Home Administration technical assistance for rural water system designs grants to rural towns for water supply, system planning and construction Soil Conservation Service technical assistance for water conser@ vation and community water supplyin rural areas Economic DevelopmentAdmin. financial assistance in economically disadvantaged areas Army Corpsof Engineers may recommend storage for.water supply at multipurpose reservoirpursuant to Water Supply Act of.1958 HUD provides grants for construction of basic water facilities consistent with.a program for a coordinated area wide water.system, as'part. of comprehensive development of an area HUD Act of 1965, 702 as amended. other grants under Demonstration Cities and Metropolitan Dev. Act of 1966, New Communities Act of.1968, and Housing Admendments of 1955. EPA responsibility for drinking water quality under Public Health Service Act of 1944, sets interstate quarantee regulations. Office-of Emergency Preparedness assure adequate safe water-forlhuman survival and essential servf'ces and industry during disasters and recovery periods Water Resources Council assess adequacy of water supplies in each water resourceregion in U.S. and assess the national interest therein'. C-28 TABLE. 6. NAVIGATION Amy Corps of Engineers builds operates, and maintains.projects for navigation protects navigable waters by establishing harbor lines, issuing regulations and permits for dredging'and filling navigable waters and the building of artifical islands and structures on the continental shelf beyond harbor lines. provides technical assistance for navigation Coast Guard maintains navigational aids on inland and coastal waters WATERBORNE TRANSPORTATION Economic Development Administration.- grants f6r-port development projects.lin economically disadvantaged --areas Interstate,Commerce Commission regulatory powers over transportation economics and service C-29 TABLE FISH AND WILDLIFE CONSERVATION Soil -Conservation Service carries out works of improvement and provides for multiple watershed uses.@ including fish and wildlife develop- ment under Watershed Protecti on. and Flood Prevention Act of 1954 technical assistance.in planning, designing,and establishing watershed works of improvement National Oceanic and Atmospheric Administration carries out research on commercially important species.of marine life conservation and development of anadromous fish under Anadromous Fish-Act. grants to states for coastal zone.. management and purchase of estuarine sanctuaries Army Corps of Engineers recommends incl.us.ion of certain project modifications for fish and wildlife purposes under Fish and Wildlife Co-ordination Act.of 1958 Federal Power Commission considers fish and wildlife in transmission line licensing -Bureau of Sport Fisheries, roduction and distribution of p ancl WIR1.1ife hatchery. fish operates nationwide system of wild I i fe. refuges regulation of migratory bi.rd hunting under.Migratory Bird Treaty Act financial assistance.to states in fish and game management programs assesses water,use projects proposed by Federal or private agencies for impacts on fish.and.wildlife resources and recommends measures for their conservation and develo ment(emphasis on estuary conservation@ provides information on status of rare or endangered,species, whose tak'ing or possession is prohibited.under the En- dangered,Species Conservation Act of 1969 C-30 TABLE 7 .(continued) National Park.Service promotes and regulates the use of national parks to conserve natural objects and wildlife therein Environm ental Protection Agency establishment of marine sanctuaries to preserve parts of.the ocean for conservation wetlands conservation policy in granting of funds for wastewater treatment facilities C-31 In the comprehensive planning area, the principal'program is the,HUD "701" program, so called because its authority is contAined in Section 701 of the Housing Act of 1954, as amended (P.L. 83-560, 68 Stat. 590, 640; 40 U.S.C. 461). The aid is in the form of project grants for the preparation of development plans, policies, and strategies; programming of capital investments, government services, and implementation measures; and.coordinating related plans and activities of other levels of government. Eligible subjects for such plan- ning. include land development patterns, physical facility, needs'', and the.development and protection of natural resources. With regard to the-federal presence in the more specific areas-of concern surrounding the siting:of a nuclear power Plant, Table 8 summarizes a number of agency programs and activities in relation to land management in coastal areas,. once again, the listing is by no means exhaustive but serves to indicate the vast array of federal programs and interests in coastal land use. Other considerations The final area of concern regarding environmental aspects of the, siting of a nuclear powerplant pertains to its possible role as a "complex source", ie., a key facility whose existence has a "multiplier effect" on the level of development in a region and hence on the potential,for environ- ..mental degradation. The only legal framework within which this issue might fall is the regulations promulgated -by the EPA regarding state implementation plans to meet national air. C-32 TABLE 8 FEDERAL LAND MANAGEMENT ACTIVITIES AREA OF CONCERN @AGENCY- ''ACTIVITY' Recreation Army Corps of Recommends.outdoor,recreation as@ Engineers proper purpose of federal wa'ter resource projects pursuant to Federal Water Project Recreation Act of 1965 Bureau of Out- provides financial assistance for door Recreation acquisition and development of Public outdoor recreation resources under Land and Water Conservation Fund Act of 1965 financial and technical assistance for preparation of statewide comprehensive outdoor recreation plans prepares national outdoor recreation plan National Oceanic responsibility for protection and and Atmospheric enhancement of marine sport fishing Administration Bureau of Sport administers.national system of Fi0eries and wildlife refuges, 82 of which are Wildlife coastal.. National Park Service Administers20 mwire parks dedicated primarily to-water-oriented recreation Federal Power consider recreation in transmission Commission line licensing Unique Natural Bureau of Land all have developed comprehensive Resource Areas Management;For- regulations, policies, and guidelines e@t Service; Bureau of to protect natural resource areas Sport Fisheries whose unique character would be and Wildlife; expected to change drastically or to Bureau of Reclamation; which irreparable harm would be done Amy Co.rps of Eng:. if certain facilities were to be National Park Ser@fce;located in or immediately adjacent Bureau of Ourdoor .-to them. Recreatiom Geological Survey; C-33 TABLE 8 (continued) AREA OF CONCERN AGENCY 'ACTIVITY Open Spaces and Bureau of... prov.ides grants for open space Visual/Cultural, Ourdoor Re- recreational resource acquisition Amenities creation National administers marine parks iledicated Park to preservation of scenery and Service cultural attributes of resources HUD grants for open space acquisition programs Federal Power -considers aesthetics in transission Commission line licensing .Historical/, National Park -maintains National Reqister of Archaeological. Service Historic and Archaeological places sites Under National Historic Preservation Act. manages numerous historic.sites, many in coastal locations Fossil and Rare National Park establishment of fossil bed pres*erves Rock Deposits Service. Transportation/ Federal Aviation requires protection of aircraft from industrial/ Administration towers and smokestacks especially Commercial/Other in airport approach zones Uses (examples). Federal High- planning and implementation of national way Administra- interestate highway system tion Office of provides grants to. operate state Saline Water water resource.linstitutions Department operates military bases,,testing of Defense grounds, missile sites, etc. C-34 quality standards. Here, controls.are extended to those facilities,: labeled "complex sources", which. contribute indirectly to air pollution by generating large amounts of motor Vehicle trafficemitting pollutants. The status of these regulations are presently unclear, making the extention of their underlying rationale to the more general case@of nuclear power plant siting tentative at best. 3. Energy.Policy Considerations, In the case of energy policy, the scope of federal involve- ment becomes much more,narrow, being limited to the activities of the Atomic Energy Commission, the Federal.Power Commission, And the Federal Energy Office. Of these, the Atomic Energ* Y commission pla@s_ the most significant role in nuclear power plant construction and operation,.with the jurisdiction of the FPC being limited to the transmission and sale at whole- sale of electric energy in interstate commerce and.public utilities engagedtherein.. The establishment of the Federal Energy Office,is the first attempt.at setting up an institutional mechanism for the coordination of national energy policy., including the role of conservation and the search.for alternative technologies. 4. Foreign Affairs'Considerations Withrespec.t to foreign affairs considerations, the federal presence comprises the Departments of State and Defense and the Environmental Protection Agency. The Department of State is responsible for overseeing,the activities.of the federal government insofar as treaties, conventions, and other inter- C-35 national obligations.are concerned, (e.g., migrating birds and Great Lakes pollution agreements with-Canada). The Department of Defense has jurisdiction over national security mattera, and the Provost Marshal General of the Army conducts an annual survey of several hundred facilities in*the United States which supply electric.energy to important defense production areas. -Finally, the Environmental Protection Agency has the authority to abate air.and water pollution which origin- ates in the United States and affects a foreign country. As to ener y independence, the Federal Energy Office is charged 9 with coordinating the national effort toward self-sufficiencyl and this includes fostering the AEC's.research and,development of nuclear.technology and encouraging the timely siting of nuclear facilities. D. Concluding Remarks if nothing else, theforegoing discussion serves to point 11) out the complexity of the national interestl.in areas that could potentially be impacted by the siting of a nuclear power plant in the coastal zone. In some cases,,the national interest.-takes the.form of a controlling influence.on decisions, while in others it is buried in a broad policy of financial assistance to states and local governments for comprehensive planning. What remains to be.seen at this point is how these various, expressions of the national interest gain entry to the nuclear power plant siting process. This is the topic for investigation in Part II. C-36 ii. THE NATIONAL INTEREST'AND THE CONSTRUCTION-REALIZATION PROCESS FOR A NUCLEAR POWER PLANT A. Overview of the Process The process by which a nuclear power plant is located and approved for operation is a complicated one, due to both the intricate technological characteristics of the facilities them- selves and..the degree of governmental regulation to which the process. is subjected. The generalized siting process can best be understood as a series of four relatively distinct (though in many ways interrelated) stages, as follows: 1) Stage One Determination of Need for Additional Capacity and Choice of Fuel (Nuclear-, Fossil, etc'.) 2) Stage Two Site.Slelection and Evaluation 3) Stage Three.-I.Pre-construction Approval ofSite and Plant Design 4) Stage Four.- Construction and Operation. In terms of governmental involvement, the process is divided into two sections. During the first two stages, there is almost no formal governmental interventiont as the actual selection of sites based on a perceived need for additional capacity and,a particularmix of generation type is left solely to industry. The site selection and evaluation stage (Stage, 2) canbe further divided into the following phases: 1), Phase One determination of candidate areas 2) Phase'Two determination of Candidate.sites 3) Phase Three -.determination,of proposed sites. These phasts are shown :9chematically in Figure 1, and.repre- sent a logical progression of steps generally followed by a 4" 96 vi C;p GO C7 CA A IA Fu -0. C-38 utility in going from a broadly defined region of interest to.a very specifically, defined proposed site. The phases are characterized both by differenceO in the geographic area involved and the type and depth of analysis applied. In phase one, attention is usually directed toward fairly large geogra- phic areas,. whereas in phases two and three,,the concern centers on specific sites. Similarly, the level of detail and depth of analysis usually increases.in going from phases one through three. Within phase'two, there is an essential difference in thei.type of analysis required for,pred6fined sitesr-as opposed to' newly-established sites--since these have already been identified as being reasonably suitable. Once candidate sites are determined, it is often the case that certain permits are required to conduct on.-site measure- ments or special studies. In Massachusetts, for example, these Might include: 1).approval from the Mass.. Department of Public Works.to place oceanographic instrumentation cable; 2) approval from the federal Army Corps of Engineers to.place oceanographic equipment in navigable waters; and 3) approval from.the Mass. Water Resources Commission to conduct marine hydrology studies. Ateach step of.the site selection and evaluation stage, a, great many factors must be taken into account, covering: the full spectrum of 9afety, engineering, cost, environmental, and political considerations. Many of these considerations are dealt with in anticipation of the criteria for approval of construction and operation that are,ap plied by government agencies iInstages three through four. C-39 Formal government input takes. place during the latte r two stages of the overall process, and consists-mainly of approval, approval with conditions-, or disapproval of.the industry- selected site. In short, the public role is essentially nega- tive in that the public interest is incorporated into the siting process through the setting of performance standards, rather than.through direct government involvement in considera- ,tion of alternative locations. Since these latter two stages-- especially stage three-are central to the incorporation of the public interest-.-including national interests--into the overall process, it is useful t o look into each in more detail. Three Preconstruction Approval:.of Site and Plant .Design A schematic diagram of stage three is shown in.Figure 2. This stage can be divided into two phases: 1). Phase One general site location permits 2) Phase Two- construction permits During each of these phases-theutility must show to the satis- faction of various governmentregulatory agencies that the proposed facility site and design meet the relevant approval criteria. In phase one, the first,step is usually to secure an exemption, (if needed) from local zoning ordinan Ices. In most states, this is done more as a courtesy to the town than anything else, because the. state department of.public utilities petition, to exempt from municipal is usually authorized, under 3, zoning requirements the land and structures- of a public utility if it determines.after a public hearing that the site is reason- ITI rl OD %A t2 it tA 0 e C"S A tA c3 41 C-41 ably,necessary for the public convenience or welfare. This is generally referred to as a certificate of public convenience and necessity. In Massachusetts, utilities frequently ignore local procedures and go directly to the DPU for a zoning exemption (this happened 30 times in fiscal year 1970-1971). once the question of zoning is resolved, the utility must then secure any state level permits that-are prerequisite to applying for other permits. In Massachusetts, for example, the Division of Water Pollution Control of the Department of Natural Resources has a substantial influence on the process at this point, because federal law requires that, prior to the issuance of.any federal permit, the state must issue a water quality certificate that gives reasonable assurance that the siting activity will beconducted in a manner which will not.violate applicable water quality standards. Also, exemption from land..use regulations at the state level (i.e., wetlands protection statutes) may be requiredat this point. Having secured thenecessary permits relative to the general site location, the utility then enters phase two, where it must obtaina substantial number of permits from local, state,. and federal authorities relative to the actual construction of.the facility. This is the most complicated phase of the pre-construction licensing stage, and must therefore, be reviewed in some detai@l. Local Aside from.zoning and after direct-land use controls dis- C-42, cussed above,, the only means at the disposal of cities and towns for affecting the siting process are building and health codes and ordinances relating to transmission lines and struc- tures, A typical,example might be the town of Plymouth, Massachusetts, site of the Pilgrim nuclear station, which requires permits for: connection to town water supply 2 material.shandling 3. fuel oil storage 4 working beyond normal hours 5 construction of sewage disposal works 6 plumbing and electrical work, In general, such ordinances are not reviewable at the state level, although in the case of transmission lines, local building codes may not apply or must a least.be approved by some.form of public.utilities commission. Insome cases, however,, local governments may deny utilities the right to. cross public.ways or other municipally-owned land. In Massachusetts, for example, the Department of Public Utilities does not have power'to override the local disapproval of an electric transmission line unless two municipalities bordering the one in question have approved the line or unless a majority of the municipalities through which it will run have approved it. In the case of public parks, the power of Massachusetts towns to refuse rights ofway is absolute. Beyond the circumstances described above, the local input to the siting decision is limited to participation in state- and federal procedures. In Massachusetts, for example, C-43 municipalities participate somewhat inthe implementation of the.s.tate's wetlands protection laws in that notice of projects must be sent to.the town,and local hearings and recommendations are authorized. In the case of nuclear power plant construc- tion, the local conservation commission receives an intent to dredge for intake structures. With regard to federal procedures, municipalities are given a substantial voice in federal agency implementation of the National Environmental Policy Act. To the extent that federal permits are required for the cons.truc- tion of generating and transmission facilitie.si municipal agencies are usually involved or can be influential in the review process. State At the state level,, there are usually a number of agencies and.their subdivisions which exercise a wide spectrum of controls over the.siting of electric power plants,and the routing of transmission lines. %These agencies fall-into three.general categories: 1) Public Utilities Commission, which generally issue certificates of public.necessity and convenience, approve financing arrangements, and oversee local land planning and transmission line regulations; 2) Natural Resource Agencies, which generally issue permits for activit1'e'saffecting land, air, and water resource systems; 31 Health, Safety, and other Public Interest Agencies" which generally issue permits for activities that Might pose dangers to assorted areas of concern for the general welfare. In all, more than 40 states require some sort of authorization for new power plants. In.Virginia, for.example, there are ten state boards and,commissions which are involved in the siting C-44 process. In Massachusetts, the array of permits necessary to proceed with the construction of a nuclear facility would look something like this: .1) Department of Public Utilities permits: (a) variance to noise regulations (b) approval of.station operating procedure (c) certificate of public necessity and convenience (including override of certain local zoning- ordinances and regulations) (d) authorization of con.struction.and use of trans- mission facilties 2) Departmentof Public Health permits: (a) connection of city water and plant system (b) solid waste disposal (c) construction of sewage disposal works (d) construction of sanitary facilities (water supply, plumbing, drains) (e) air pollution control (f) discharge to watercourses 3) Department of Natural Resources permits: (a) water-quality certificate (b) reviewof compliance with wetlands and ocean sanctuary acts (c) discharge,of hazardous wastes, 4) Department-of Public Safety permits: (a) use of explosives (b), fuel oil storage (c) hydrogen'and propane storage (d) boilers .5) Department of Public Works permits: (a) 'const'ruction of intake and discharge structures (b) tree'trimming permission.for access road (d) placement of oceanographic instruments (e) transmission line crossings 6), Department of Labor and Industries permits: (a) radioactive sources storage .(b) review of, buildings whichmay pose aviation hazards C-45 7) Weather Amendment Board (a) certificate of authority to modify weather. Faced with such a collage of multi-ministerial procedures, some states have passed legislation which provides for coordinated review of bulk power supply facilities by all state agencies having permit-granting responsibility. Such legislation provides.,for coordinated state planning and site review procedures of major energy facilities through'a state site evaluation committee,.which eliminates the need for separate.review of environmental and other reports ot separate hearings by the,various state permit-granting agencies. In the majority of.states, no site review coordination has yet been established and the applicant utility must deal separately with each permit-granting agency. Generally, oneagency will take.the lead and hold public hearings. In thecase of,nuclear facilities, this state procedure normally occurs.after initial federal Atomic Energy Commission approval has been obtained, and this leads now to a discussion of the @federal role in nuclear power plant.siting.. Federal ..,Direct federal participation in the process of licensing a nuclear power plant is limited to five agencies--the Atomic Energy Commission, the Army Corps of Engineers, the Environ- mental Protection Agency, the Coast Guard, and the Federal Aviation Administration. All these agencies, however, operate within,the framework. of the National Environmental Policy Act (NEPA), as well as- within other statutory contexts. which C-46 reqqire coordinationvithother federal agencies. A great many federal spokesman, therefore, have indirect access to the licensing process, as will become evident,in subsequent sections where the regulatory criteria of the primary participation agencies will be discussed in.more detail. @1) Army Corps of.Engineers The authority of the Corps of Engineers stems from the Rivers and Harbors Act of 1899 and has grown over the years as hew statutes and decisions have been superimposed on the old. Essentially, no structure may be erected in navigable waters wit.hout,,the.Corps' approval, including permission to: 1) install temporary.and permanent structures-that may.be a hazard to navigation;, 2) dredge and fill for installation of water intake/ discharge and barge facilities 3) transport and dispose of dredge materials in the ocean; .4)@ construct,across navigable waters; 51 take soil samples and core borings below mean. highwater. U.S. Coast Guard and Federal Aviation Administration Prior to construction of a nuclear facility on navigable waters, permission from the Coast Guard must be sought for (1) navigational interference in connection with water intake/discharge facilities; (2) any vessel to carry explosives for construction or site investigatory work. With regard to the Federal Aviation Administration, permission must be obtained-relative to 11 the lighting of structiires that may be hazardous to air-navigation; 2) the lighting of meteor-.',, ological towers; 3), the construction of natural draft cooling C-47 towersvand 4) theconstruction of tr ansmissi on lines as they affect air navigation. 3) Environmental Protection Agency Of major importance.to utilities are air and water pollution standards, which, are still promulgated and administered chiefly at the state level.but are subject to increasing supervision by the Environmental Protection Agency. Under the Clean Air Act of 1970, the EPA administrator must.fix national air quality standards, and states must produce for federal approval implementation plans adequate to achieve these standards., Further,.EPA has direct responsibility for promulgating and enforcing uniform national -standards for new stationary sources, including power plants. These standards have not yet been-set for nuclear facilities. Under the Federal Water Pollution Control Act Amendments of 1972, the.EPA is emp owered to fix performance standards for.new pollution sources, which incorporates information regarding best practicable and available technology,for abate- ment. The EPA mayalso review and override state water quality standards and enforcement,, and is authorized to eatablish a permit program to enforce standards set in accord- ance with the statute. Under this law, the EPA has set up a permit program relative to the discharge of liquid wastes, including thermal effluents. In the case of thermal dis- charges, the requirement for use of best practicable and available control technologies (cooling towerst in the case of a nuclear.plant),may be waived if the discharger can prove that the protection and propagation of fish, shellfish,, C-48 and wildlife can be satisfactorily achieved by alternative means. Aside from a liquid waste discharge permit, the only other EPA permit relative to nuclear power plant siting is in relation-to ocean disposal of all-classes.o f materials (e.g., construction debrisl other than dredging materials. Other ..than this, EPA's role is an indirect one, limited to review for compliance with EPA criteria of other federal agency permit-granting activities. This will be dealt with in a subsequent section. 4) Atomic Energy Commission Under the Atomic Energy Act of 1954, the Atomic Energy Commission regulates thesafety of nuclear activities, includ- ing power plants. The AEC is authorized to license nuclear power plants under a two-stage process: first, it.grants a construction permit, and then an operating license.. In the construction permit process the AEC regulatory staff and the commission, 'sAdvisory Committee on Reactor Safeguards evaluate the application., These preliminary reviews are followed by@ a mandatory public hearing before an Atomic Safety and Licensing Board. Interested parties including state and local governments may intervene, but A hearing is required whether or not there is opposition. Prior to NEPA, the AEC limited its s.cope of review in licensing nuclear power plants to radiological effects. Follow- ing the enactment of NEPA, the AEC promulgated regulations requiring applicants -to submit environmental reports and took C-49 on the burden of preparing detailed environmentalimpact statements as the "lead" federal agency involved in nuclear power plant siting approval.. These regulations provided that certification of a project by an appropriate.govern- mental agency would be "dispositive" of any environmental questions considered in that certification'. in the well- known decision by the District of Columbia Court of Appeals in Calvert Cliffs Coordinating Committee v. AEC, these reg- ulations.were invalidated and the AEC was required to independ- ently evaluate and balance.thermal and other environmental effects, notwithstanding certification by other federal or state agencies that a proposed plant satisfies their criteria. Thus compliance with therequirements of other agencies with environmental responsibilities is now a necessary, but not sufficient, condition for the granting of an AEC permit or license. NEPA, Calvert Cliffs, and the latest AEC regulations have thus placed the Commission in a positon to review all factors (including land-use) on both sides of the energy- environment@--conflict in determining whether nuclear power plants should be licensed. This will be an important fact to consider when we discuss the points of entry of national interests in the power plant siting process. 2. stage Four Construction and operation @,Figure Three is a schematic.diagram of stage four of the nuclear power. plant siting process. When construction of a plant is nearly complete, there are a relatively small number of permits that must.be secured prior to.the be inning. of 9 r- ILA IA 0 S-0 C-51 operation.' At..the state1evel, for example, boilers' are usually inspected for compliance with air pollution.control design requirements, and a certificate'of meeting water quality standards must be obtained. At the federal level, the most important permit at this stage is the AEC operating license, which has a review proces s similar to-that for the construction permit, except that a hearing is not mandatory.. Other federal permits required prior to operation-include AEC licenses.for handling of.source and by-product materials and storage of special nuclear material; and Coast,Guard permission for navigational interference with the operation of intake discharge ports. Once the start-up phase is completed, a certain degree of agency involvement.remains in the form:@of monitoring of plant operations for compliance with relevant state and federal standards.. under certain circumstances, operations.can be halted and hearings begun if operational difficulties arise. 3. Concluding Remarks The, above discussions, though presenting only an overview, indicate clearly the complexity of the nuclear power plant siting process. The number of permits that must be obtained is staggering, as indicated in Figure 4 which is a generalized licensing flow chart prepared for a Massachusetts utility company. Even so, this, represents only the first level of aggregation. For each permit, there. is a procedural.infrastruc- that varies,greatly in complexity from one agency to another. Further, the infrastructures@ of many permit processes are closely intermingled, as illustrated by the PERT diagram Figure Four Sample Nuclear Plant Liscensing Flow Chart FT 1) IAO@%Cffl 9V (Mw4m.) J71 4@ P" PA O"J Oc O.Z@-4;;Rv- P*IV% T--- _T WfW'W E-%P PIS^r.Q VrjCo Tb Source:. Private communication with Boston Edison Co.,,. Boston@, Mass it LO i c ado--47-m awt. cLL. @wA I03Lxw\+k Q-A-j4ol, b7 Adak -7=r ITI PC rR it C-53 shown in Figure 5. While this diagram refers to an oil refinery and not a nuclearpower plant, many of the permit requirements are identical Ce.g..j impact statement, dredge:& fill, waste- water discharge, etc.). At this point, it is appropriate to look more closely at the siting process in terms of the extent to which national interest considerations are incorporated into it, both proced- urally and substantively. As to procedure, we will be inter- ested in the means by which,agen.cies without direct access to the process can nevertheless influence it. As to sub- stantive aspects, we will be interested in how the a and their criteria are translated into considerations at the site selection and evaluation stage. Once this is completed, we will,then be in a position to comment on and assess the adequacy of,the extent to which national interests have access to theoverall siting process. @B. National Interest Incorporated into the Nuclear Siting Process .1. Health and Safety Considerations The national interest in protecting the public health and, safety from the potential hazards of exposure to radioactivity is completely integrated into the nuclear power.plant siting process, both procedurally and substantively. In the procedural sense, the, AEC has direct licensing authority with respect to health and safety considerations. Substantively, the AEC has adopted criteria for evaluating the acceptability of pro osed reactor sites, and these are contained in the regulations P. comprising Part 100 (Reactor Site Criteria) of Title'10 of,the C-54 Figure Five Sample Oil Refinery Permit Schedule SAFETY APPROVAL I............... . A APPROVAL ------------------- LOCAL CON57RUCrION PERMIT --------------------- L- - - - - - - - - - - - - - . . . . . . . . . . . . .............................. .. . . . . . . . . . . . . . . . . . . . . . ..j -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. . . . . . . . . . . . . . . . . . . . . . PERMIT DREDGE& FILL IV. L T- L ------------------------ _j -GD PERMIT DISCHARGE WASTE ........................... ................. L - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- WASTE rREArMENT PERMITS ------------------------- L 01 - - - - - - - - - - - - - -- T4gLcoysiRucr L . . . . .. . . . . . . . . . . . . . . . . . . .. . .. . . . . . . . . Nov Feb 74 May Aug Source- Private communication with Environmental Research and Technology, Inc., Lexington, Mass. DISPOSE SPOIL cl, 1= ----------------------------- ...... co - - - - - - - - - - - - - - - - - - - - - - - - -. . . . . . . . . . . . . . . . . . . . . . . 411 PERMITS W ORERArE m"t. % - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Feb 75 May C-55 code of Federal Regulations. Factors considered by the Com- mission in judging the safety of proposed sites for nuclear reactors include dimensions and characteristics of the site ..under the operatorls control; population density in the area surrounding.the proposed site, and the uses which are made- of this area such as industrial, agricultural, or residential; and the seismology,, meteorology, geology, and hydrology of the area. Other factors considered are the characteristics of the proposed reactor, including the maximum power level, and the particular safety features to be engineered into the plant either to prevent accidents or to limit their conse- quences; and the extent to which the design of the reactor incorporates unique or.unusual features that may have a significant bearing on the probability of consequences of an accident. A similar regulatory approach.i.s taken withregard to transportation,'processing, storage, and ultimate disposal of radioactive materials. 2. Environmental Considerations With regard to national interests inthe area of environ- mental concern, there are extensive procedural specifications for both direct and indirect involvement in the nuclear power plant siting process. In the case of pollution control, the federal involvement is in the form of EPA liquid waste discharge permits,. air emission standards for new stationary sources, and ocean dumping permits, and in other ways as well. For example: C-56 (1), EPA is mandated to review and comment publicly on the environmental impact of the regulations of agencies and departments.. 'This would include the environmental regulations adopted by the AEC and the Corps in connection withtheir evaluation of permit applications regarding nuclear power plants.-- (2) Under the Marine Protection, Research and Sanctuaries Act of 1972., the granting of permits.by the Corps forocean dumping of dredging materials is subject to approval by EPA for compliance with guidelines relative to' the selection of disposal sites and other criteria relative to the effects of dumping itself. The Administrator can prohibit or restrict" the use of any defined area as a disposal site when- ever he determines that the discharge of such materials will, for examplej have an unacceptable adverse impact on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas., The Administrator is also required to consult with other federal officials with respect to the ocean dumping program, giving a number of other agencies with related programs indirect access to this particular aspect of nuclear power plant siting. Nationalinterests.i In the pollution control area are further incorporated into the nuclear power plant siting process by state'agencies acting pursuant,to mandates set up by federal law. For example, state air pollution implementation plans are subject to approval by EPA for compliance with standards,@ giving EPA anotherindirect influence on the nuclear siting. process. Further still, the Federal Water Pollution Control Act requires any applicant for a federal license or permit for conducting any activity,that mayresult in a discharge into navigable waters to obtain a certification from the state that the discharge will comply with the applicable effluent limita- tion (-set by.. EPA) and water quality standards (approved by EPA). Thus, on both procedural (EPA participation in process) and substantive (EPA criteria and standards) grou nds,.the national C-57 interest in pollution control has ready access to the nuclear power plant siting process. With regard to national interests in the land and water resources management sector of environmental considerations, there are three major statutory enactments that guarantee at least procedural incorporation of federal perspectives into the nuclear siting process. Theseare: M.The Fish and Wildlife Coordination Act (2) The National Historic Preservation Act (3) The National Environmental Policy Act The Fish and Wildlife Coordination Act is applicable to most, if not all, nuclear power generating facilities. When- ever any body of.water is impounded, diverted, or modified for any purpose (e.g.,.a cooling pond) under. a federal license or .permit, the licensing agency must consult with the Fish and Wildlife.Service of the Department of the Interior, as well as the National Marine Fisheries Service in the-Department of Commerce. Reports received from.these agencies must be integrated into any.report,,such as an environmental impact statement under.NEPA, prepared by.the licensing agency, and the plan for the proposed project must.include those wildlife conservation measures that the licensing agency (not the.Fish and Wildlife Servicel finds-necessary to obtain maximum overall project benefits. In the case of nuclear power plants, reports to the,AEC normally include recommendations for monitoring radioactivity and for appropriatesafeguards for protecting fish and wildlife from thermal effects and from C-58 being drawn through the plant"s cooling system. The National Historic Preservation Act of 1966 requires that the licensing by a federal department or independent agency of any undertaking must "take into account" the effect of the proposals on any district, site, building or object listed in the National Register of.Historic Places. The Advisory Council on Historic Preservation must be given a reasonable opportunity by the licensing agency to comment on the project, but the weight given the comments of the Council is apparently within the discretion of the licensing agency. The. statutes just now discussed were pre-NEPA attempts to incorporate certain environmental considerations into relevant federal agency decision process.es,,and the influence of these enactments.has been buttressed by the passage of NEPA. The National Environmental Policy Act requires that prior to the issuance of a construction permit for a nuclear power plant, the AEC must assess.the potential environmental effects of the facility in order to ensure compliance with national environmental goals. In the procedural sense, NEPA is by far the most significant point of access for national interest considerations with respect to environmental aspects of,nuclear siting. The law specifically requires that. "prior to making any detailed statement, the responsible Federal official (AEC in this.case). shall consult with and obtain the comments .of.any federal agency, whick has, jurisdiction by law or special expertise with respect to any environmentalimpact involved.,, Since the concept of environmental impact is, broadly defined, C-59 this in effect req*ires thatany federal agency that has any u connection to land and water resources planning or management in relation to the environment be given an opportunity to par- ticipate in the permit evaluation process., The s-cope of this interagency coordination provision in NEPA is illustrated by the impact statement guidelines prepared by the Council on, Environmental Quality, which lists as an appendix the federal and.federal-state agencies the CEQ considers relevent (see Table 9). With regard to the incorporation of substantive environ mental Aspects into the nuclear power plant siting process, CEQ has promulgated guidelines concerning the content of impact statements to be prepared by the lead federal agency for a given project. Among the factors.to be conside red are the potential effect of the action on such aspects of the environment as those listed in Appendix II of the guidelines, as shown in Table 9. As far as a nuclear power plant is con- cerned, these include all of the aspects delineated in Table 1 of this report. In the wake of the Calvert Cliffs decision, the AEC's interpretation of its responsibilities under NEPA is that it must first secure compliance with other federal agency standards, but must also do an independent evaluation of all the substantive environmental aspects surrounding the project. In the substantive sense, then, the AEC has the full, weight of the burden of adequate- consideration of national environmental interests squarely on its, shoulders., One substantive consideration which has been articulated C-60 TABLE 9 RULES AND REGULATIONS 20557 Weather Modification National Aeronautics and Space Administra- tion (remote sensing) Department of Agriculture- Water Resources Cuuncil - Forest Service River Basin Commissions (as geographically Department of Commerce-- appropriate) National Oceanic and Atmospheric Admin- istration FISH AND WILDLIFE Department, of Defense- Department of Agriculture- Department of the Air Force Forest Service Department of the Interior Soil Conservation Service Bureau of Reclamation Department of Commerce-- WATER RESOURCES COUNCIL National Oceanic and Atmospheric Admin- istration (marine species) WATER Department of the Interior- Water Quality Bureau of Sport Fisheries and Wildlife Bureau of Land Management Department of Agriculture--- Bureau of Outdoor Recreation Soil Conservation Service Environmental Protection Agency Forest Service SOLID WASTE Atomic Energy Commission (radioactive sub- stances) Atomic Energy Commission (radioactive Department of the Interior- waste) Bureau of Reclamation Department of Defense Bureau of Land Management (public Army Corps of Engineers lands) Department of Health, Education, and Wel. Bureau of Indian Affairs (Indian lands) fare Bureau of Sports Fisheries and Wildlife Department of the Interior- Bureau of Outdoor Recreation Bureau of Mines (mineral waste, mine acid Geological Survey waste, municipal solid waste. recycling) Office of Saline Water Bureau 'of Land Management (public Environmental Protection Agency lands) Department of Health, Education, and Wel- Bureau of Indian Affairs (Indian lands) fare Geological Survey (geologic and hydrologic Department of Defense- effects) Army Corps of Engineers Office of Saline Water (demineralization) Department of the Navy (ship pollution Department of Transportation- control) Coast Guard (ship sanitation) National Aeronautics and Space. Administra- Environmental Protection Agency tion (remote sensing) I River Basin Commissions (as geographically Department of Transportation- appropriate) APPENDIX II ARreas of ENVIR0NMENTAL IMPACT rat- Coast Guard (oil spills, ship sanitation) Water Resources Council FEDERAL AGENCIES AND FEDERAL Department of Commerce- STATE AGENCIES WITH JURISDICTION BY LAW National Oceanic and Atmospheric Admin- OR SPECIAL EXPERTISE To COMMENT istration Department of Commerce- THEREON Water Resources Council National Bureau of Standards Air River Basin Commissions (as geographically Department of Health, Education, and Wel- appropriate) fare Air Quality Department of Housing and Urban Develop- Marine Pollution, Commercial Fishery ment (land use and building materials Department of Agriculture-- Conservation, and Shellfish Sanitation aspects) Forest Service (effects on vegetation) Atomic Energy Commission (radioactive sub- Department of Commerce- Department of Labor- stances) National Oceanic and Atmospheric Admin- Occupational Safety and Health Adminis- Department of Health, Education, and Wel- Istration tration lam Department of Defense- Department of Transportation- Environmental Protection Agency Army Corps of Engineers Assistant Secretary for Systems Develop- Department of the Interior- Office of the Oceanographer of the Navy ment and Technology Federal Aviation Administration. Office of Bureau of Mines (fossil and gaseous fuel Department of Health, Education, and Wel- Noise Abatement combustion) fare Environmental Protection Agency Bureau of Sport Fisheries and Wildlife Department of the Interior- (effect on wildlife) Bureau of Sport Fisheries and Wildlife National Aeronautics and Space Administra- Bureau of Outdoor Recreation (effects on Bureau of Outdoor Recreation tion RADIATION recreation) Bureau of Land Management (outer con- Bureau of Land Management (public tinental shelf) Atomic Energy Commission lands) Geological Survey (outer continental shelf) Department of _Commerce- Bureau of Indian Affairs "Indian lands) Department of Transportation- National Bureau of Standards National Aeronautics and Space Administra- Coast Guard Department of Health, Education, and Wei- tion (remote sensing, aircraft emissions) Environmental Protection Agency fare Department of Transportation- National Aeronautics and Space Administra- Department of the Interior Assistant Secretary for Systems Develop- tion (remote sensing) Bureau of Mines (uranium mines) ment and rechnology emissions) Water Resources Council Mining Enforcement and Safety Adminis- (auto Coast Guard (vessel emissions) River Basin Commissions (as geographically tration (uranium mines) Federal Aviation Administration .(aircraft appropriate) Environmental Protection Agency emissions) Waterway Regulation and Stream HAZARD0US SUBSTANCES River Basin Commissions (Delaware. Modification Toxic Materials Great Lakes. Missouri, New England, Ohio. Department of Agriculture- Atomic Energy Commission. (radioactive Pacific Northwest, Souris-Red-Rainy, Sus- Soil Conservation Service substances) quehanna. Upper Mississippi) and similar Department of Defense Department of Agriculture Federal-State agencies should be consulted Army Corps of Engineers Agricultural Research Service oil. actions affecting the environment of their Department of the Interior- Consumer and Marketing Service specific geographic Jurisdictions. -Bureau of Reclamation Department of Commerce- In all cases where a proposed action will Bureau of Sport Fisheries and Wildlife National Oceanic and Atmospheric Ad- have significant international environmental Bureau of Outdoor Recreation ministration effects, the Department of State should be Geological Survey Department of Defense consulted. and should beLsent a copy of any Department of Transportation- Department of Health, Education, and Wel- draft and final Impact statement. which Cov- Coast Guard. fare ers such action.L Environmental Protection Agency Environmental Protection Agency FEDERAL REGISTER, VOL. 38, NO. 147-WEDNESDAY, AUGUST 1, 1973 No. 147-Pt. II-2 C-61 20338 RULES AND REGULATIONS food Additives and Contamination of Petroleum Development. Extraction, Energy and Natural Resources Conservation Foodstuffs Refining, Transport, and Use Department of Agriculture- Department of Agriculture- Department of tile Interior- Forest Service Consumer and Marketing Service (meat office of Oil and Gas Soil Conservation Service and poultry products) Bureau of.Mines Department of Commerce- artment Of Health, Education, and Wel- Geological Survey National Bureau of Standards (energy fare Bureau of Land Management (public lands efficiency) Environmental Protection Agency and outer continental shelf) Department of Housing and Urban Devel- Bureau of Indian Affairs (Indian lands) opment- Pesticides Bureau of Sport Fisheries and Wildlife Federal Housing Administration (housing Department of Agriculture (effects on fish and wildlife) standards) Agricultural Research Service (biological Bureau of Outdoor Recreation Department of the Interior- .controls, food and fiber production) National Park Service Office of Energy Conservation Consumer and Marketing Service Department of Transportation (Transport Bureau of Mines Forest Service and Pipeline Safety) Bureau of Reclamation Department of Commerce- Environmental Protection Agency Geological Survey National Oceanic arid Atmospheric Ad- Interstate Commerce Commission Power Marketing Administration ministration Department of Transportation Department of Health, Education, and Wel- Natural Gas Development. Production, Transmission, and Use Environmental Protection Agency fare Federal Power Commission Department of the Interior- Department of Housing and Urban Develop- a n General Service Administration (design and Bureau, of Sport Fisheries and Wildlife ment (urban areas) operation of buildings) (fish and wildlife effects) I Department of the Interior- Tennessee Valley Authority Bureau of Land Management (public Office of Oil and Gas lands) Geological Survey LAND USE AND MANAGEMENT Bureau of Indian Affairs (Indian lands) Bureau of Mines Bureau of Reclamation (irrigated lands) Bureau of, Land Management (public Land Use Changes, Planning and Regulation Environmental Protection Agency lands) Of Land Development Bureau of Indian Affairs, (Indian lands) Department of agriculture- Transportation and Handling of Hazardous Forest Service (forest lands) Materials Bureau of Sport Fisheries and Wildlife Bureau of Outdoor Recreation Agricultural Research Service (agricultural Atomic Energy Commission (radioactive sub- Nation&' Park Service lands) stances) Department of Transportation (transport Department Of Housing and Urban Develop- Department of Commerce and safety) ment Maritime Administration Environmental Protection Agency Department of the Interior_ National Oceanic and Atmospheric Ad- Federal Power Commission (production, Office of Land Use and Water Planning ministration (effects on marine life and transmission. and supply) Bureau of Land Management (public la Bureau of Land Management (public the coastal zone) Interstate Commerce Commission Department of Defense- Coal and Minerals Development, Mining, lands) Armed Services Explosive Safety Board Bureau of Indian Affairs (Indian lands) Army Corps of Engineers (navigable Conversion, Processing, Transport, and Use Bureau of Sport Fisheries and Wildlife waterways) Appalachian Regional Commission (wildlife refuges) Department of Transportation- Department of Agriculture- Bureau of Outdoor Recreation (recreation Federal Highway Administration, Bureau Forest Service lands) of Motor Carrier Safety Department of: Commerce National Park Service (NPS units) Coast Guard Department of the Interior- Department of Transportation Federal Railroad Administration Office of Coal Research Environmental Protection Agency (pollution Federal Aviation Administration Mining Enforcement and Safety Adminis- effects) Assistant Secretary for Systems' Develop- tration National Aeronautics and Space Administra- merit and Technology Bureau of Mines tion (remote sensing) Office of Hazardous Materials Geological Survey River Basins Commissions (as geographically Office of Pipeline Safety Bureau of Indian Affairs (Indian lands) appropriate). Environmental Protection Agency Bureau of Land Management, (public I I lands) Public Land Management ENERGY SUPPLY AND NATURAL RESOURCES Bureau of Sport Fisheries and Wildlife Department of Agriculture- DEVELOPMENT Bureau of Outdoor Recreation Forest Service (forests) Electric Energy Development, Generation, National Park Service Department of Defense and Transmission, and Use Department of Labor Department of the Interior- Occupational Safety and Health Adminis- Bureau of Land Management Atomic Energy Commission (nuclear) tration Bureau of Indian Affairs (Indian lands) Department of Agriculture Department of Transportation Bureau of Sport Fisheries and Wildlife rural Electrification Administration Environmental Protection Agency (wildlife refuges) (rural areas) Interstate Commerce Commission Bureau of Outdoor Recreation (recreation Department of Defense- Tennessee Valley Authority lands) Army Corps of Engineers (hydro) National Park Service (NPS units) Department of Health. Education, and Wel- Renewable Resource Development. Produc- Federal Power Commission (project lands) fare (radiation effects) tion. Management, Harvest, Transport, and General Services Administration ]Department of Housing and Urban Develop- Use National Aeronautics and Space Administra- ment (urban areas) Department of Agriculture-- tion (remote sensing) Department of the Interior- Forest Service Tennessee Valley Authority (project lands) Bereau of Indian AffairS (Indian lands) Soil Conservation Service PROTECTION OF ENVIRONMENTALLY CRITICAL Bureau of Land Management (public Department of Commerce AREA S-FLOODPLAINS, WETLANDS, BEACHES lands) Department of Housing arid Urban Develop- AND DUNES, UNSTABLE SOILS, STEEP SLOPES, Bureau of Reclamation merit (building materials) AQUIVER RECHARGE AREAS, ETC. Power Marketing Administrations Department of the Interior- Department of Agriculture- Geological Survey Geological. Survey Bureau Iof Sport Fisheries and Wildlife Bureau of Land Management (public Agricultural Stabilization and Conserva- Bureau of Outdoor Recreation lands) tion. Service Soil conservation Service National Park Service Bureau of Indian Affairs (Indian lands) Forest Service Environmental Protection Agency Bureau of Sport Fisheries and Wildlife Department of Commerce- Federal Power Commission (hydro. tranmis- Bureau of Outdoor Recreation National Oceanic and Atmospheric Admin- sion, and supply) National Park Service istration (coastal areas) River Basin commissions (as geographically Department of Transportation Department of Defense--- appropriate) Environmental Protection Agency Army Corps of Engineers Tennessee Valley Authority Interstate. Commerce Commission (freight Department of Housing and Urban Develop- Water Resources Council rates)' merit (urban and floodplate areas) FEDERAL REGISTER, VOL. 38, NO. 147-WEDNESDAY, AUGUST 1, 1973 C-62 RULES. AND REGULATIONS Department of the Interior- HISTORIC, ARCHITECTURAL, AND ARCHEOLOGICAL Office of Land Use and Water Planning PRESERVATION Bureau of Outdoor Recreation Advisory Council on Historic Preservation Bureau of Reclamation Department of Housing and Urban Develop- Bureau of Sport Fisheries and Wildlife Bureau of Land management ment Department of the Interior- Geological Survey Environmental Protection Agency (pollution National Park Service effects) Bureau of Land Management (public National Acronautics and Space Administra- Lands) tion (remote sensing) Bureau of Indian Affairs (Indian lands) River Basins Commissions (as geographically General Services Administration appropriate) National Endowment for the Arts Water Resources Council SOIL AND PLANT CONSERVATION AND LAND USE IN COASTAL AREAS HYDROLOGY Department of Agriculture- Department of Agriculture- Forest Service I Solt Conservation Service Soil Conservation 'Service (Solt stability, Agricultural Service hydrology) Forest Service Department of commerce- Department of Commerce- National Oceanic and Atmospheric Admin- National Oceanic and Atmospheric Admin- istration (impact on marine life and, istration coastal zone management) Department of Defense- Department of Defense- Army Corps of Engineers (dredging, Army Corps of Engineers (beaches. dredge aquatic plants) and fill permits, Refuse Act permits) Department of Health, Education, and Wel- Department of Housing and.Urban Develop. fare nient (urban areas) Department of the Interior- Department of the Interior- Bureau of Land management Office of Land Use and Water Planning Bureau of Sport Fisheries and Wildlife Bureau of Sport Fisheries and Wildlife Geological Survey National Park Service Bureau of Reclamation Geological Survey Environmental Protection Agency Bureau of Outdoor Recreation National Aeronautics and Space Administra- Bureau of Land Management (public tion (remote sensing) lands) River Basin Commissions (as geographically Department of Transportation- appropriate) Coast Guard (bridges, navigation) Water Resources Council. Environmental Protection Agency (pollution OUTDOOR RECREATION effects) National Aeronautics a Ind Space Administra- Department of Agriculture- tion (remote sensing Forest Service REDEVELOPMENT AND CONSTRUCTION IN Soil Conservation Service BUILT-UP AREAS Department of Defense- Department of Commerce- Army Corps of Engineers lop. Department of Housing and Urban Dive Economic Development Administration. ment (urban areas) (designated areas) Department of the Interior- Department of Housing and Urban Develop- Bureau of Land Management ment National Park Service Department of the Interior- Bureau.of Outdoor Recreation Office of Land Use and Water Planning Bureau of Sport Fisheries and Wildlife Department of Transportation Bureau of Indian Affairs Environmental Protection Agency Environmental Protection Agency General Services Administration National Aeronautics and Space Administra- Office of Economic Opportunity tion (remote sensing) DENSITY AND CONGESTION MITIGATION River Basin Commissions (as geographically appropriate) Department of Health,' Education, and Wel- Water Resources rces Council fare Department of Housing and Urban Develop- ment Department of the Interior- Office of Land, Use and Water Planning Bureau Of Outdoor Recreation Department of Transportation Environmental Protection Agency NEIGHB0RHOOD CHARACTER AND CONTINUITY Department of Health, Education, and Wel- fare Department of Housing and Urban Develop- ment National Endowment for the Arts Office of Economic Opportunity Regional Administrator, 1. U.S. Environmental Protection Agency IMPACTS. ON LOW-INCOME POPULATIONS Room 2303, John F. Kennedy Department of Commerce- Federal Bldg., Boston, Mass. 02203, Economic Development Administration (617) 223-7210 (designated areas) Regional Administrator, II. Department of Health. Education. and Wel- U.S. Environmental Protection Agency fare Department of Housing and Urban Develop- Room 908, 26 Federal Plaza ment New York, New York 10007 Office of Economic Opportunity (212) 264-2525 FEDERAL REGISTER, VOL 38, NO. 147-WEDNESDAY, AUGUST 1* 1973 C-63 at, the nationallevel. but which is conspicuously absent from the nuclear power plant siting process is the consideration of alternativesites. While NEPA requires that alternatives, to.,proposed actions be incorporated into the,agencies' decision- making processes, in practice the very structure of the siting process tends to avoid this issue. Since the actual choice' of site is left completely to the utility, regulatory agencies wind, up carefully'scrutinizing proposed sites but have a limited ability to ensure consideration of alternative sites. Since. the product of a nuclear power plant is impossible t6 store, and delay or modification of construction will often threaten ability.to meet demand, there is great pressure placed on agencies which all but rule out suggestions as to major re-evaluation of the choice of site. Thereforel the task of balancing the environmental andeconomic pros and cons of various sites falls by default to the utilities themselves, subject of, course to the broad guidelines promulgated by the reviewing agency. 3. Foreign Affairs Considerations With regard to the potential impact of nuclear power plant siting on foreign affairs considerations, there are a number of "points of entry" to the nuclear siting process, most of them indirect. With respect to pollution that crosses inter- national boundaries, the EPA has authority for abatement and @can influence the process directly through its, permit programs. Forthose environmental impacts which affect treaty obligations, the federal agencies that have programs pursuant to such C-64 obligations have access through the NEPA impact statement procedures. With regard to military security, we have seen that the Provost Marshall General of the Army reviews facility sites on an annual basis and.makes recommendations concerning military security measures and arrangements. With respect.to the national security aspects of plutonium diversion, the AEC has direct statutory authority to require utilities to invoke stringent security measures. 4. Energy Policy Considerations In the area of energy policy, national interests at this point Are not well-defined, and this uncertainty is reflected inthealmost total absence of any energy policy considerations inthe nuclear power plant siting process. The very important .,issue of how much electricity society should use, for example, is now resolved without conscious balancing of competihg economic, environmental, and social considerations. The only federal agency with.a.relationship to this area ofconcern'@is the AEC:, and its mandate is directed toward only one aspect of the overallenergy policy situation - promotion of nuclear energy. In terms ofmandate, the FPC would come closer to:a more balanced approach,. since A basic purpose of the FPC is to assure "an abundant su pply of electric energy throughout the .United,States with the greatest..possible.e.conomy and with regard to the proper utilization and conservation of natural resources.$# But to achieve this broad purpose, the FPC is empowered only to divide the nation into regional districts C-65 for voluntary interconnection and coordination ofelectric facilities. Until recently, the FPC accepted this role and denied responsibility for considering power con.servation or for gathering the information necessary to make a conscious decision about shaping future demand. Even if the FPC were to take such responsibilities, they could only be discharged in connection with the licensing of hydro-electric plants, since FPC has no regulatory involvement with the nuclear power plant siting process. Aside from the issue of.energy demand and conservation, another issue of considerable national importance is that of s how,to produce electricity, becuase each mode of generation has different environmental consequences and even different international,.consequences (Project Independence, for example). At present, the choice of production mode is left to the ind,iv- idual@utility, or there is.no governmental intervention in Stage One of the overall siting process, and th e licensing stages fail to provide any effective review of the utilities' choice. C/ Defects in.the Nuclear Power Plant Siting Process in Relation to the National Interest The foregoing discussions seem to indicate that there are points of en try for most national interest con siderations (exclusive of.energy policy factors) in the overall nuclear power plant siting process. It must be pointed out, however, that this holds true only insofar as national interests come in relatively discrete units or categories with attendant C-66 federal bureaucracies. to represent them. However, when the national interest is perceived.in a broader sense--i.e., as in calling for an orderly and balanced consideration of energy policies-and siting alternatives on a regional basis from the point.of view of multiple objectives--it becomes a clear that themuclear power plant siting process is sorely deficient. The clearest summary of the failures of the siting process in this regard has been extensively documented by the Bar Associa- tion of the City of New York in a major report entitled Electricity and the Environment: The Reform of Legal*Institutions. This and other scholarly observations over recent years have led to an emerging.concensus that the overall structure of the siting process,,. as described herein, militates.against a broad-based, balanced approach to.this crucial aspect.of energy policy. The..current administrative systemlis structurally towards analysis of the overall interaction of tech- nical, economic, envirairtental, and'social variables. It is appropriate-at this point to review the major criticisms which have been directed at the process-and which are nationwi@de-- concern. 1. Avoidance of issues The first criticism of the siting process is that it evades some very important issues, which are therefore left to be determined riot by conscious choice, but as the random by-product ofmany privateand public forces pursuing their disparate missions. These issues include control of demand, choice of powertype, direction of research and development, site selection C-67 and evaluation, and coordination of interdependent policy .areas.. Perhaps the most important issue that the existing siting process has failed to,deal with is'the issue of energy demand. Consideration of new plants has,been based on forecasts of power.needs, with no thought to the question of how much power use should grow, and whether some kind of control of demand might be necessary. In addition to ducking the question of norms and limits for electricity use, power policy has generally encouraged growth,by permitting pricing that encourages large power users. Wh at is'needed is a structure that is able to pull in bro,ad.and long-run social, economic, and environmental perspectives, to considerthe. consequences of growth and resource depletion, and to initiate federal determination of a real electricity demand policy. Instead, we have a structure that tends to.focus on the narrower, technical grounds for siting, and is too fragmented to be conducive to discussion of the broad questions of electricity consumption. Next, the current administrative structure of siting pre- vents the consideration of alternative types of power production at a given site, because the administrative structure is frag- mente d by power type: nuclear power is handled by AEC, hydro- electric by FPC; and neither agency has the authority to license any but its..own type of power generation. In the case of fossil stations., the Army Corps of Engineers is the lead federal agency, but has only limited jurisdiction. Thus, the utility decides whatmode it wants to use to generate power, and then approaches C-68 the agency in charge of that mode. The utility makes its choice on the basis.of internal consideration of relevant factors, which may not reflect the total social costs and, benefits of using that particular mode at that particular site. But the existing administrative format provides no opportunity for-reviewing the utility's choice of mode, as each licensing agency minds only its own jurisdiction. The current administrative format also evades the issue of proper directions for research and development in the area of power generation and siting, by fragmenting the consideration of R&D needs and the allocation of R&D funds. Different agencies handle different facets of energy research. No overall assessment of directions and priorities for research is per- formed, so the research is channeled according to fairly sub- jective criteria, mostly wherever pressure from the utilities and the entrenched licensing agencies directs., (Currently,, the emphasis is on nuclear R&D). Naturally, the directions that are most advantageous for industry are not necessarily the directions that would be most advantageous to society. Social interest might be better served by research into new technologies (MHD, geothermal) or demand control techniques, which could be very disruptive and threatening to industry interests. Another issue avoided by the siting system is the question of regional allocation of plant sites., The utility wants to locate its plant in its service area. Although the regulatory agencies do assess the proposed site carefully, they never C-69 consider the possibility that the best site might be one not in'the utility's service area. This is part of the larger question of site selection.and evaluation of alternative site's, which ideally should comprise objective appraisal of environ- mental and community values as well as technical and economic .,objectives of-the utility. But since the utility is not accountable to any constituency in connection with the former values, it is by no means assured that the private decision- making.process will adequately weigh public interests. In the case of environmental values, the.proponents,of,NEPA had hoped that the writing and circulation of environmental impact statements would eliminate the tunnel vision of many federal agencies whichinfluence private decisions; but the super- imposition of NEPA on a closed and biased administrative structure-doesnot seem sufficient to transform the output into broad-based, balanced policy, especially because N9PA does not to any great extent, provide for review of the decisoh processes of either agency or utility in substantive matters. Finally, the siting process avoids the issue of coordination of policy in environment, energy and land use, once again .because the fragmented energy jurisdiction makes such coordina- tion difficult andunlikely. Agencies with narrowly-defined jurisdictions and mandates just aren't suited to an overall coordinating and balancing function, nor do the separate agencies have the authority to implement any broader,,more coordinated policies. C-70 2. The Private Making of Public Deci sions The second large area of criticism of existing sitingprooahxe is that they permit public decisions to be made in private, without explicitly considering and balancing the views.of those other than the utility and the regulatory agency. Industry- agency councils playa large role in determining regulatory policy and.demand growth projections, yet few "outsiders," have access'to these important policy-making bodies.. In-this way, public, environmentalist, and consumer points of view are excluded from a significant, even though de facto, policy- making process. Similarly, with relation to approval of specific site pro- posals,@most of the real deciding is done in ongoing, informal industry-agency negotiations, which usually precede formal application by the utility. Once again, other viewpoints are excluded from this dickering process., By the time the utility makes formal application, it is pretty confident.that the agency is satisfied,with the site and plant proposal. Thus the hearing, which is the only opportunity for public.input-, is ofte n something of a hollow ritual. The utility and the agency are already a united front; to show how united, there is no case of the AEC denying a permit after the hearing stage was.reached, only two cases of FPC denial of permit for environ- mental reasons, and no case of Army Corps refusing apermit for a fossil plant. Thus, by excluding non-agency perspectives from the pre-application bargaining process, the administrative structure effectively denies public input on a 'decision that really is of public concern. C-71 This might not be so disturbing if we were assured that the regulatory agencies were good negotiators who represented- public and environmental concerns effectively. But in fact, the agency structure predisposes the, agencies to be poor bargainers,because they are charged with two contradictory tasks: promotion AND regulation. Thus, the agency tends to' ignore the non-development alternative, which is not surprising when an agency must act as the judge of applications it helped to.develop, and when the subject at hand is the trading off of huge amounts of. money against tiny probabilities of disaster or scientific uncertainty as to effects. Finally,.the agency suffers from insufficient staff to cope with a broad range,of considerations, and,it is undoubtedly subject to intense pressure from the.uti.lities, to which it is innately sympath- etic.- The general tendency,to shut out the public and the broader environmental perspectives is compounded by the general lack of disclosure, information flow, and open discussion. The publicis not kept informed of what goes on in the industry- agency councils. Certain reports and studies are very hard for any outsider to get. (Apparently, some of the hardest studies to get were those that concluded, that environmental concern was NOT a significant cause of siting delay. Also hidden from the public were studies on the topic of plutonium theft and nuclear blackmail.) In some measure', this reticence is probablya product of the fact that information dissemination can be the last straw for a strained bureaucracy. But more C-72 important, industry,and the agencies do not seem to look on the public as a relevant party to the siting decision, and do want to minimize intervention and delay. Therefore, they minimize discussion and information availability. Their role in.discouraging discussion is further compounded by the fact that the agency itself does not recognize many important issues, and issues which,the agency never articulates to itself are obviously not articulated to the public either. u In addition to the excl sion of the public from the impor tant bargaining stage, and minimization of the information outflow, the administrative process is characterized by further obstacles to public participation. Hearing notice is often madeas unobstrusive as possible. The time schedule of hearings is usually such that the public groups have little time to organize, investigate, and get funds between notice and hearing. The public has a few months' notice, while the industry has had years, and can pass its cost on to the con- sumers. Also, the-public is at a major disadvantage because it often lacks access to the kind of money needed to partici- pate in hearings (which really require counsel and expert witnesses), and it lacks access to expertise, whichis con- centrated in the very industry and g overnment groups being challenged. 3. Siting Delays A third siting process defect (often raised by industry) is the tremendous potential for delay. The case is made by industry, the agencies, and many other concerned observers C-73 that unless we rapidly add some new generating plants, there will be widespread power shortages. Projections show that 150 new sites are 'needed" for the decade 1970-1980, and 150 more for the decade 1980-1990, plus three million additional acres for transmission lines. These figures are based on pro- jections of needed generating capacity; in 1970, we had 340 million.kilowatts of capacity in all power modes; for 1980, we are to need 665 million kilowatts, and for 1990, 1,260 million kilowatts. (This, of course, assumes continuation of present trends in electricity use). As of 1970, power reserves to meet peak demand were in many Areas shrinking to below the.15-20% reserve recommended by the FPC. Under these cir cums tances,, we must either limit consumption or increase generating.capacity. Since the former is a proposal no one likes to deal,with, the latter becomes a mandate. To fill that mandate-of increasing generating capacity,. the siting process must be streamlined. Although some cases of delay are due to the preparation of environmental impact statements and to environmental litigation on procedural questions under NEPA, more often the delay is the natural corollary of the fragmented administrative structure, which requires.the utility to seek federal, state and local permits, with opportunity for delay and litigation At every level. 4. Concludipg Remarks The above observations portray an administrative structure fragmented vertically into separate federal, state and local reviews; fragmented horizontally into separate consideration C-74 of each power mode and each category of environmental impact; and fragmented temporally_ into industry-agency consideration of relevant factors and-eleventh-hour incorporation of.all other perspectives. This fragmentation constitutes a struc- tural bias that is the proximate causal factor in@the avoidance of many important issues, the existence of delay, and the general tendency to look at energy questions.in terms of narrow, single-purpose criteria'rather than in terms of broad balancing of long-termand short-term economic, environmental and social needs and values. As far as the national interest is concerned then, the underlying structure of the power plant siting process is clearly an important challenge to be addressed as states continue to develop programs in the interrelated areas.of coastal zone and land use management and energy policy. APPENDIX D Coastal Zone Management Act of 1972 Public Law 92-583 92nd Congress, S. 3507 October 27, 1972 AN ACT 86 STAT, 1280 To establish a nutritional policy and develop a national program for the management, beneficial use, protection, and development of the land and water resources of the Nation's coastal zones, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress, assembled, That the Act entitled "An Act to provide for a comprehensive,long-range, and coordinated national program in marine, science, to establish a National Council on Marine Resources and Engineering Development, and a Commission on Marine Science, Engineering and Resources, and for other purposes", approved June 17, 1966 (80 Stat. 203), as amended (33 U.S.C. 1101-1124),is further amended by adding at the end thereof the following new title: TITLE III-MANAGEMENT OF THE COASTAL ZONE SHORT TITLE Sec.301. This title may be cited as the "Coastal Zone Management Act of 1972". CONGRESSIONAL FINDINGS Sec. 302. The Congress finds that- (a) There is a national interest in tile effective management beneficial use, protection, and development of the coastal zone; (b)The coastal zone is rich in a variety of natural, commercial, rec- reational, industrial, and esthetic resources of immediate and potential value to the president and future well-being of the Nation; (c) The increasing and competing demands upon the lands and waters 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 har- vesting 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, decreasing open space for public use, and shoreline erosion: (d) The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fraqile and conse- quently 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) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values; (g) In light of competing demands and urgent need to protect and to give high priority to natural systems in the coastal zone, pres- ent state and local institutional arrangements for planning and regu- lating land and water uses in such areas are inadequate; and (h) The key to more effective protection and use of the land and water 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 assisting 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. 85-100-0 Marine Resources and Engineering Development Act of 1968, amendment. 80 stat. 998; 84 stat. 865. 86 S .TAT, 11281 Pub. Law 92-583 2 October 27. 1972 DECLARATION OF POLICY Stc. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and generations, (b) to encourage and assist the states to exercise su their responsibilities in the coastal zone through the devel- e opment and implementation of management programs to achieve wise use of the land and water resources, of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic val@es as well as to needs for economic development., (c) for a] I Federal agencies @*.Iigaged ipi irograms affecting the coastal zone to cooperate and par- ficipate witt state and local governments and regional agencies in effectuating the purposes of this title, and (d) to encourage the par- ticipation of the public. of Federal. state, and local governments and of regional agencies in ihe development of coastal zone management programs, With respect to implementation of such managament pro- grams, it.is the national policy to encourage cooperation among the various state and regional agencies including establishment of inter- state and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems. DEFINITIONR SEC. 304. For the pit rposes of this title-- (a) "Cbastal zone" means the coastal waters (including the lands therein ai@d thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and imity to the shorelines of the several coastal states, and includes =onal and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international bound- ary between the Vnited States and Canaditand, in other areas, seaward to the outer limit of'the United States territorial sea. 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. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (b) "Coastal waters" means (1) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great'Lakes, their connecting waters, harbors, roadsteads, and Vgtuary-type areas such as bays, shallows, and marshes and (2) in other areas, those waters, adjacent to the shorelines, which contain. a measurable quantity. or percentage of sea water, including, but not limited to, 'sounds, bays, lagoons, bayous, ponds, and estuaries. (c) "Coastal state" means a state of the United States in, or bor- dering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the pur- poses of this title, the term also includes Puerto Rico, the Virgin islan.ds,,Guam, and American Samoa. (d) "Estuary" means that part of a river or stream or other body of. water having unimpaired connection with the open sea, where the sea, water is measurablv diluted with fresh water derived from land dmiage. The term inelludes estuary-type areas of the Great Lakes. (e) "Estuarine sanctuary" means a research area which may include any part or all of an estuary, adjoining transitional areas, and adja- cent uplands, constituting to the extent feasible a natural unit, set October 27, 1972 3 Pub. Law 92-583 86 STAT. 1282 aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. (f) "Secretary" means the Secretary of Commerce. (g)"Management program" includes, but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and' adopted by the state in accordance with the provisions of this title, setting forth objectives, policies, and stand- ards to guide public and private uses of lands and waters in the coastal zone. (h) "Water use" means activities which are conducted in or on the water but does not mean or include the establishment of anv water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria, or regulations which are incorporated in any program as required by the provisions of section 307 (f ). (i)" Land use" means activities which are conducted in or on the shorelands within the coastal zone, subject to the requirements out- lined in section 307(g). MANAGEMENT PROGRAM DEVELOPMENT GRANTS SEC. 305 (a)The Secretary is authorized to make annual grants to any coastal state for the purpose of assisting in the development of a management program for the land and water resources of its coastal zone. (b) Such management program shall include: (1) an identification of the boundaries of the coastal zone sub- ject to the management program: (2) a definition of. what shall constitute permissible land and water uses within tile 'coastal zone which have a direct and signifi- cant impact on the coastal waters; (3) an inventory and designation of areas of particular con- cern within the coastal zone; (4) an identification of the means by which the state proposes to exert control over the land,and water uses referred to in para- graph (2) of this subsection, including a listing of relevant con- stitutional provisions, legislative enactments, regulations, and judicial decisions, 5) broad guidelines on priority of uses in particular areas, including specifically those uses of lowest priority; (6) a description of the o rganizational structure proposed to implement the management program, including the responsibili- ties and interrelationships of local, areawide, state, regional, and interstate agencies in the management process. (c)The grants shall not exceed 662/3 per centum of the costs of the Limitation. program in any one year and no state shall be eligible to receive more Than three annual grans pursuant to this section. Federal. funds received from other sources shall not be used to mat ch such grants. In order to qualify 'for grants under this section, the state must reasonably demonstrate to tile satisfaction of the Secretary that such grants will be Used to develop a management. program consistent with the require- ments set forth in section 306 of this title. After making the initial grant to a coastal, state, no subsequent grant shall be made tinder this section unless the Secretary finds that the state is satisfactorily devel- oping such management program. (d) Upon completion of the development of the state's management program, the state shall submit such program to the Secretary for 86 STAT, 1283 Pub. Law 92-583 -4- October 27, 1972 review and approval pursuant to the provisions of section 306 of this title Or such other action as he deems necessary. On final approval of such program by the Secretary, the state's eligibility for further grants under this section shall terminate, and the state Shall be eligible for grants under section 306 of this title. (e) Grants under this section shall be allocated to the states based grants, allocation on rules and regulations promulgated by the Secretary: Provided, however That no management program development grant under this section shall be made in excess of 10 per centum nor less than I per centum of the total amount appropriated to carry out the purposes of .,this section. Grants or portions thereof not obligated by a state during the fiscal year for which they were first authorized to be obligated by the state or during the fiscal year immediately following, shall revert to the Secretary, and shall be added by him to the funds available for grants under this section. With the approval of the Secretary, the state may allocate to a local government, to an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 80 State 1262; 1966, to a regional agency, or to an interstate agency, a portion of the 82 State 208, grant under this section,, for the purpose of carrying out the provi- 42 USC 3334, sions of this section. Expiration (h) The authority to make grants under this section shall expire on June 30,1977. ADMINISTRATIVE GRANTS SEc. 306. (a) The Secretary is authorized to make annual grants to coastal state for not more than 662/3 per centum of the costs of admninistering the states management program, if be approves such program, in accordance with subsection (c) hereof, Federal funds received from other, sources shall not be used to pay the state's share of costs. Allocation. (b) Such grants, shall be allocated to the states with approved pro- based on rules and regulations promulgated by the Secretary shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other rele- vant factors: Provided, however, That no annual administrative grant under this section shall be made in excess of 10 per centum nor less than I per centum of the total amount appropriated to carry out the pur- poses of this Section. Program (c) Prior to granting approval of a management program submitted requirements. by a coastal state, the Secretary shall find that: (1) The state has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full partici- pation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, public and private, which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title. (2) The state has: (A) coordinated its program with local, areawide, find inter- state plans applicable to areas within the coastal zone existing on January I of the year in which the state's management program is submitted to the Secretary, which plans have been developed by a local government, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration October 27, 1972 5 Pub. Law 92-583 86 STAT. 1284 Cities and Metropolitan Development Act of 1966, a regional 80 Stat. 1262; agency, or an interstate agency; and 82 Stat. 208. (B) established an effective mechanism for continuing con- 42 USC 3334, sultation and coordination between the management agency desig- nated pursuant to paragraph (5) of this subsection and with local governments, interstate agencies, regional agencies, and areawide. agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the pur- poses of this title. (3) The state has held public hearings in the development of the management program. The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the. management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (I of this subsection. (7) The state has the authorities necessary to implement the program including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration Of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserv- ing or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power- (1) to administer land and water use regulations, control devel- opment in order to ensure compliance with the management pro- grain, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the manage. ment program. (e) Prior to granting approval, the Secretary shall also find that the program provides: (1) for any one or a combination of the following general tech- niques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforce- ment of compliance (B) Direct state land and water use planning and regula- tion; or (C) State administrative review for consistency. with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any- state or local authority or private developer, with power to or disapprove after public notice and an opportunity for hearings. 85 STAT. 1285 Pub. Law 92-583 6 October 27, 1972 for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. (f) With the approval of the Secretary, a state may allocate to a local. government, an Areawide agency designated under section 204 of tile Demonstration Cities and Metropolitan Development Act of 80 Stat. 1262; 1966, a regional agqency, or an interstate agency, a portion of the grant 82 Stat. 208, under this section for the purpose of carrying out the provisions of this 42 USC 3334. section: Procided. That such allocation shall not relieve the state of I the responsibility for ensuring that any funds so allocated are applied in furtherance of such state's approved management program. Program (g) The state Shall be anthorized to amend the management pro- modification. gram. Till, modification shall be in accordance with the procedures required under subsection (c) of this section. Any amendment or modification of the program must be approved by the Secretary before additional administrative grants are made to the. state under tile pro- . gram as amended. (h) At the discretion of the state and with the approval of the development. Secretary, a management program may be developed and adopted in Segments SO that immediate attention may be devoted to those areas within the coastal zone, which most urgently need management pro- grams: Provided, That the state adequately provides for the ultimate coordination of tile various segments of the management program into a single unified prograim and that the, unified program will be com- pleted as soon as is reasonably practicable. INTERAGENCY COORDINATION AND COOPERATION SEC. 307.(a) In carrying out his functions and responsibilities under this titl e, the Secretary shall consult with, cooperate with, and, to the maximum extent practicable, coordinate his activities with other interested Federal agencies. (b) The Secretary shall not approve the management program sub- mitted by a state pursuant to section 306 unless the views of Federal agencies principally affected by such program have been adequately considered. In case of serious disagreement between. any Federal angency and the state in the development of the program the Secre- tary, in cooperation with the Executive Office, of the President. shall seek to mediate the differences. (c) (1) Each Federal agency conducting or supporting, activities directly affecting the coastal zone shall conduct. 0r support those activities in a manner which is, to the maximum extent practicable, consistent with approved state management programs. (2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to tile maximum extent practicable, consistent with approved state management programs. Certification. (3). after final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct till activitv affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permit- ting agency a certification that the proposed activitv complies with the state's approved program and that such activity will be conducted in a manner consistent with the program. At the same time., the appli- cant shall furnish to the state or its designated agency a Copy of the, certification. with all necessary information and data. Each coastal State shall establish procedures for public notice in the case of all such October 27, 1972 7 Pub. Law 92-583 86 STAT. 3286 certifications and, to the extent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable time, the state or its designated agency shall notify the Federal agency concerned that the state concurs with or objects to the applicant's certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copy of the applicant's certification, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its designated agency has con- curred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds, after pro- viding a reasonable opportunity for detailed comments from the Fed- eral agency involved and from the state, that the activity is consistent with the objectives of this title or is otherwise necessary in the interest of national security. (d) State and local governments submitting applications for Fed- eral assistance under other Federal programs affecting the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management pro- gram for the coastal zone. Such applications shall be submitted and coordinated in accordance with the provisions of title IV of the Inter- governmental Coordination Act of 1908 (82 Stat. 1098). Federal agen- cies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding by the, Secretary that such project is consistent with the purposes of this title or necessary in the interest of national security. (e) Nothing in this title shall be construed- (1) to diminish either Federal or state jurisdiction, responsi- bility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the Jurisdiction or responsibility of any legally established joint or common agency of two or more states or of two or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; (2) as superseding, modifying, or repealing existing laws appl- cable to the various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pur- suant to the Columbia River Basin Treaty, signed at Washington, January 17, 1961. or the International Boundary and Water Com- mission, United States and Mexico. (f) Notwithstanding any other provision of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air Act, as amended, or (2) established by the Federal Government or by any state or local government pursuant to such Acts. Such require- ments shall be incorporated in any Program developed pursuant to this title and shall be the water pollution control and air pollution control requirements applicable to such program. (g) When any state's coastal zone management program, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be hereafter enacted, the Secretary, prior to approving such pro- Motification. 42 USC 4233. Ante, p. 816. 81 Stat. 485: 84 Stat. 1676. 42 USC 1857 note. 86 STAT. 1287 Pub. Law 92-583 -8- October 27, 1972 grain, shall obtain the concurrence of the Secretary of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management program affecting such inland areas. PUBLIC HEARINGS Sec. 308. All public bearings required under this title must be announced at least thirty days prior to the hearing date. At the time of the announcement, al agency materials pertinent to the hearings, including documents, studies, and other data, must he made available to the public for review and study. As similar materials are subse- quently developed, they shall be made available to the public as they become available to the agency. REVIEW OF PERFORMANCE Sec. 309. (a) The Secretary shall conduct a continuing review of the management programs of the coastal states and of the performance of each state. Financial (b) The Secretary shall have the authority to terminate any financial assistance, assistance extended under section 306 and to withdraw any unexpended termination. portion of such assistance if (1) lie determines that the state is failing to adhere to and is not justified in deviating from the program approved by the Secretary; and (2) the state has been given notice of the proposed termination and withdrawal and given an opportunity to present evidence of adherence or justification for altering its program. RECORDS Sec. 310. (a) Each recipient of a grant under this title shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, the total cost of the project or undertaking supplied by other "sources, and such otber records as will facilitate an effective audit. Audit. (b) The Secretary and the Comptroller General of. the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, docu- ments, papers, and records of the recipient of the grant that are perti- nent to the determination that funds. granted are used in accordance with this title. ADVISORY COMMITTEE Costal Zone SEC. 311. (a) The Secretary is authorized and directed to establish management a Coastal Zone Management Advisory Committee to advise, consult Advisory with, and make recommendations to the Secretary on matters of policy Committee, concerning the coastal zone. Such committee shall be composed of not establishment; concerning membership. more than fifteen pet-sons designated by the Secretary and shall per- form such functions and operate in such a manner as the Secretary may direct. The Secretary shall insure. that the committee member- ship as a group possesses a broad range of experience and knowledge relating to problems involving management, use, conservation, pro- tection, and development of coastal zone resources. Compensation, (b) Members of the committee who are not regular full-time travel ex- employees of the United States, while serving on the business of the penses. committee, including traveltime, may receive compensation at rates not exceeding $100 per diem; and while so serving away from their October 27. 1972 9 - Pub. Law 92-583 86 STAT, 1288 homes Or in-ular places of business may be allowed travel expenses, including. per them in lieu of subsistence, as authorized bv section 5703 of title 5, United States Code, for individuals in the Govern- 80 stat. 499; ment service employed intermittently. 83 Stat. 190. ESTUARINE SANCTUARIES Szc- 312. The Secretary, in accordance with rules and regulations Grants. promulgated by him, is authorized to make available to a coastal state grants of up to 50 per centum of the costs of acquisition, development@ and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to gather data and make studies of the natural and human processes occurring within the estuaries of the coastal zone. The Federal share of the cost for each such sanctuary Federal share. shall not exceed $2,000,000. No Federal funds received pursuant to section 305 or section 306 shall be used for the purpose of this section. A' NNUAL REPORT SEc. 313. (a) The Secretary shall prepare and submit to the Presi- dent for transmittal to the Congress not later than November 1 of each year a report on the administration of this title for the preceding fiscal year. The report shall include but not be restricted to (1) an identifi- cation of the state programs approved pursuant to this title during the preceding Federal fiscal year and a description of those pro(Yrarris; L (2) a listing of the states participating in the provisions of this title and a deser tion of the status of each state's programs and its accom- plishments Turing the preceding Federal fiscal year; (3) an itemiza- tion of the allocation of funds to -the various coastal states and a breakdown of the rojects and areas on which these funds were expended; (4) an =ation of any state programs which have been reviewed and disapproved or with respect to which grants have been terminated under this title, and a statement of the reasons for such aetion; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (e) or subsection (d) of section 304", are not consistent with an applicable approved state management pro- gram; (6) a summary of the regulations issued by the Se@retary or in effect during the preceding Federal fiscal year; (7) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, state and local responsibilities and functions therein; (8) a summary ol outstanding problems arising in the administration of this title in order of priority; and (9) such other information as may be appro- priate (b) The report required by subsection (a) shall contain such recom- mendations for additional legislation as the Secretary deems necessary to achieve the objectives of this title and enhance its effective operation. RULM AND REGULATIONS Szc. 314. The Secretary shall develo ,p !nd promulgate, pursuant to section 553 of title 5, United States Code, after notice and oppor- 60 Stat. 383. tunity for full participation by relevant Federal agencies, state M ncies' local governments, regional organizations, port authorities, d. other interested parties, both public and private, such rules and regulations as may be, necessary to carry out the provisions of this title. 866 STAT, 1289 Pub. Law 92-583 - 10 - October 27, 1972 AUTHORIZATION OF APPROPRIATIONS SEC. 315. (a) There are authorized to be appropriated- (1) the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977 for grants under section 305, to remain available until expended; (2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 306 to remain available until expended; and (3) such sums, not to exceed $6,000,000 for the fiscal year end- ing June 30, 1974, as may be necessary, for grants under section 312, to remain available until expended. (b) There are also authorized to be appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeed- ing fiscal years, as may be necessary for administrative expenses incident to the administration of this title. Approved October 27, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-1049 accompanying H.R. 14146 (Comm. on Merchant Marine and Fisheries) and No. 92-1544 (Comm. of Conference). SENATE REPORT NO. 92-753 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Apr. 25, considered and passed Senate. Aug. 2, considered and passed House, amended, in lieu of H.R. 14146. Oct. 12, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Oct. 28, Presidential statement. 0 BIBLIOGRAPHY Armstrong, John M. and Suddath, Thomas H. (eds.). ."The Dimensions of..Coastal Zone management," Proceedings of.the Annual Meeting of the Coastal States Organization, 'Seattle, Washington, July.28-30, 1971. Ann Arbor: University of Michigan Sea Grant Program, 1972.. Arthur D. Little, Inc. Potential Onshore Effects of De@@2water oil Terminal-Related Industrial Development. 4 Volumes. Prepared for the Council on Environmental Quality. Washington, 1973. Bauer, Raymond-A. Social Indicators. Cambridge: M.I.T. Press, 1966. Bossd1man, F. and Callies, David. The Quiet Revolution in Land Use Control. Washington, D.C.: Council on Environmental Quality, Bradley,,Earl H. Jr. and Armstrong, John M. A Descriptionand Analysis of Coastal Zone and Shoreline Management Programs in the United States. Technical Report #20. Ann Arbor: University of 'Michigan Sea Grant Program, March, 1972. Brahtz, J. F4 Peel (ed.). Coastal Zone Management; Multiple Use with Conservation. New Y-Ork: John Wiley-and Sons, 19-72. Clark, John, et al.. Studies of Estuarine Dep9ndence of Atlantic' CoastalFi.shes. Technical Paper #28. Washington, D.C.: U.S., Bureau,of Sport Fisheries and Wildlife, 1969. Clark, John. Coastal Ecosystems: Ecological Considerations for .Management of the Coastal Zone. Washington, D. C.: The Conservation FbuiTdation, 1974. Council of Economic Advisors. Economic Indicators. Washington, D.C.1, Government Printing Office, 1970-1973, Council on Environmental Quality. "Preparation of Environmental Impact Statement," Federal Register, Vol. 38, No. 147, (Augui@t 1, 1973), pp. 20 2050. Devanney, J.W., et. al. Economic Factors in the Development of a Coastal Zone. Report No. MITSG 71-1. Cambridge: M.I.T. Sea Grant Project-Office, November 20, 1970., Ditton, Robert@B.. The Social and Economic'Significance of Recreation Activities'inthe marine Environment. Madison: University of Wisconsin Sea Grant Program,-!-972. Dorfman, R. and Dorfman, N. Economics of the Environment: Selected Readings. New'York: Norton & Company, 1972. Douglas, Philip and Stroud; Richard (eds) * A Symposium on the Biological Significance of Estuaries. Washington, D.C.: Sport Fishing Institute, March, 1971. Goodier, J. Leslie. U.S. Federal and Seacoast State Offshore Mining Laws.. WashingFo-n,.D.C.: Naut s Press, Inc., 1972. Hite,,James C. a.nd Laurent,.Eugene A. E .nvironmental Planning: An IEconomic Analysisi plications for the Coast-a-r -Zone. 'New,York:.PrAeger, 1972. Ketchum, Bostwick (ed).. Water's Edge: Critical Problems of the Coastal Zone. CaFb-ridge: The MIT Press, 1972. Kildow, J., Dyer, I. and Huguenin, J. A Report on Marine Waste-Food Recycling Systems. MITSG 74-27. Cambridge; M.I.T. Sea Grant Program, to be published in December, 1974. Krieger, Martin H. Social Indicators for the Quality of Individual Life. Berkeley: University of California, 1969. Marine Technology Society. Conference on Tools for Coastal Zone Management. Proceedings.Washington, D.C., February 14-15,1972. New England River Basins Commission. Federal Interest and Capability for Assisting in the Management of Marine Coastal Resources. A Report to the.Maine State Planhing Office. Boston', January 15, 1971. New England River Basins Commission. Power and the Environment; Report No. 3, Laws and Procedures of Power Plant Siting in New England and New-York. Revised. Boston, March, 1972. New England River Basins Commission Proceeding. The Coastal Zone, Options for State Action. Boston, 1970. Offshore Oil Task Group. The George's Bank Petroleum Study: Impact on-New England Real Income of Hypothetical Regional Petroleum Developments.. Volume I. Report No. MITSG 73-5. Cambridge: M.I.T. Sea.Grant Project Office, February 1, 1973. Offshore Oil Task Group. The George's Bank Petroleum Stud Impact on New Enqland.@Environmental Quality of Hypothetical Regional Petroleum Developments., Volume II., Report No. MITSG 73-5. Cambridge: M.1.7.,@S.6a Grant Project Office, February 1, 1973. Offshore'Oil Task Group. The George's Bank Petroleum Study: Summary. Report No. MITSG 73-5. Cambridge:,M.I.T. Sea Grant Project Qffice,, February' 1, 1973. Reilly, William K. (ed).' The Use of Land.` A Citizen's Policy Guide.to Urban Growth. New York: Thomas Y. Crowell Company, 1973. Schoenbaum, Thomas J. "Public Rights and Coastal Zone Management," The North Carolina Law Review. Raleigh University of North CaFo-lina School of Law Sea Grant Project, 1972. Sorenson, J.C. A:Framework for the Identification and Control of .''Resource Degradation and Conflict in the Multiple Use of the Coastal Zone. Berkeley: University of California, 1971. United States Army Corps of Engineers, National Shoreline Study. 5 volumes, 1971. United States Army Corps of Engineers. North Atlantic Regional Water Resources Study. June 1972. United States Army Corps of Engineers, U.S. Deep Water Port Study. Institute of Water.Resources Report #71-10; 1971. United States Bureau of the Budget. Economic Indicators: Historical and Descri2tive Background. Washington, D.C., Government Printi g Office, 1967. United States Advisory Commission on Intergovernmental Relations. State-Local Finances and Suggested Legislation. Washington, 1971. United States Advisory Commission on Intergovernmental Relations. State-Local Finances: Significant Features and Suggested :LegislYtion. Washington, 1972. United States Commission On Marine Sciencel Engineering and Resources, Panel Report. Science and Environment. Volume I. Washington,, D. C.: Governme rinting Office, 1969. United States Commission.on Marine Science, Engineering and Resources, Panel Report. Industry and Technology: Keys to Oceanic Development..V61ume II. Washington, D.C.:Government Printing Office, 1969. United States Commission on Marine Science,.Engineering and Resources, Panel Report. ,Marine Resour .ces and.Legal-Political Arrange ments for their Development. Volume III. Washington, D.C.: Government Printing Office, 1969. United States C6mmxssion on marine Science, Engineering and Resources Our Nation@and the'Sea: A Plan for National Action. Washington, D.C.: Government Printing office, 1969. United States Department of Commerce, National Oceanic And Atomospheric Administration, Coastal Zone Management Task Force.. NOAA's Activities in the Coastal Zone, preprint, June -1973. United States Department of Interior. The.Na tional Estuary Study. Fish and Wildlife Service, Bureau of Sport Fisheries and Wildlife and Bureau of Commercial Fisheries. 7 volumes. Washington, D.C., 1970. United States Governmentorganization Manual, 1973-74. Washington, D.C.: National Archives and Records Ser'vice, 1973. United States House of Representatives. Conference Report to Accompany S. 3507,@Coastal Zone Management Act of 1972. 1972. 92nd Congress, 2nd Session. United States House of Representatives, Subcommittee on Oceanography of the Committee on Merchant Marineand Fisheries. Hearings on Coastal Zone Management. 92nd Congress, lst Session, 1971. United,States House of Representatives, Subcommitte on Oceanography of the Committee on Merchant Marine and Fisheries. Hearings on the Washington, D.C., Conference on the Organization, Utilization, and Implementation of the Coastal Zones R the United States, Including tffe-Great Lakes. 91st Congress, lst Session, 19-69. United States Senatel Committee on Interior and.Insular Affairs. 'Oversight on Outer Continental Shelf Lands.Act. Parts I, I1,. and III. ' 92nd Congress, 2na sessio-ni 1972. United States Senate, Subcommittee on Oceanography of the Committee on Commerce. Hearings on Federal Oceanic and Atmospheric Organization. 91st Congress, lst and 2nd Sessions, 1970. United States Senate, Subcommittee on Oceans and Atmosphere of,the Committee on Commerce. Hearings on the National Coastal and Estuarine Zone Management Act of 1971. 92nd Congress, lst session, .77-1. 'Wilsey and Ham. Technological Impacts on Estuary Resource Use. Final Report for Division of River Basins Studies, Bureau of.Sport Fisheries and.Wildlife. San Mateo, October, 1969. Wise, Harold F. & Associates. Intergovernmental Relations and The National Interest in the Coastal Zone of the United States. Prepared for the Interagency Committee on Multiple Use'of the Coastal Zone, National Council on Marine Resources.and Engineering Development. Washington, D.C.,, March, 1969. CATEGORY INDUSTRY-TRANSPORTATION Industry-Transportation Activity Atomic power plant on-shore 0 CD 0 (t 0 Practice ranges Collection of species Defense operations 1 wer pylons-and wires, PO ransmission towers utilit@ies Fences lRunways [Aircraft lVehic IRoadways, parking.areas-_ Site cuts, fills,dredq@m Roadbed cuts Pridges lRoadbed--fi-11, causeways Iwater impoundments Solid waste Waste water (heated) Nuclear reac io qe ei@at ns/ stion Fossil fuel combu Bulk refining, processing 'Kare- Tanks,.elevators ouses Bulk and fuel loadinqW--,' I INavigatioh aids ps.and berths lChannels, FT"'I Key for Effect on National Policies: A. Number (1, 2, etc.) indicates' specific national policy involved B. Plus M or minus mark indicates positive or negative effects on national policv C. National policies 1. Energy self-sufficiency 2. Environmental protection 3. Adequate recreational facilities 4. Health and welfare 5. TransDortation 6. National de fense 7. Preservation of historici cultural, aesthetic values @4 H a) > 0 @v P, 0 - H 0) U) rq a) H 4j 04 > tr En 4J W a) 4 9 @4 H -P 04 (n 0) 4 0 L) (d .14 0, r-4 0 - 0 2 9: 4 0-. fd r. a) r-I U 0 04 @4 r. _Ii > 4.) U) 0 -r-I (1) ro En 0) 0 H r. @4 Q) P 4-) Z 4-) 9 TI -@4 P 4-) H 0) Q) P a Q 0 fd (Ij P P 4-) Q) V (d TO 4-) 0 0 -,4 -to (d r. _P (a F! -r-I rd 4-) Q) P 4-) >-. Q) (1) rd 0 @4 0 B U @4 4-) (d 3. Societal Factors 9 04 H > 3: -14 0 U 0 -rq En P 0 9 rO 0 (d H P 4J 9 (D 0 4 0 0 0 0 (d 4-) 9 0 04 IM U) :2: EI) 0@ 0 @A Social Population. Access to public facilities Opportunity for education and training Employment Public health and welfare Housing_____ Leisure and recreation Food_supply and distribution Transportation Communication B. Economic Subjective considerations National objective Information available to society Causes of market breakdown Distribution of income Political considerations Regional income levels I Differences in -os -to consumers t of outputs iv'ate, pro f i t s Public profits Take-home p4 y 4-4 r-4 @10 :3 P) 0) '0 0 k44 .4 1 N F-J H- (D F-J 0 H- :5 P),: 0 rt* :3 IW_ @o ca, m FJ- ol 0 0 N 6 (D (D 0 0 0 (D ft, P) (D 0 @j .* (D (D La (D 0 M ul m Q (D' 0 0 (D En I-h U) rt. 'p. ft rt, (D (D rt, CD 0, ct 0 Pi 0 rt @pv: ul 0 Fl (D @O (D pi ' . @-h (D Fl- ft F_ I F-J, (t :j o Fj_0 @31 . 0 (D, (D 0 1 v 0 ,0 F-J @j @ 5 04 0.) (D rt* CD H_ (D @3 0 @j 0 rt, FI- CD CA (D to 0 En Fj_ (D :j ft 0 F" (D. (D 0 ul -0 FJ- In N ft rt, ft 10 (D I (D U) Erl (D 0 CD (n 0 H- Fl- m t-h @l Pi (D (D (D 0 En P- FA rt. Fl- F-, (D (D FA' (D F-J H FJ- F-A Pi Fl- (D FJ- rt o rl 0 rt P), @-h Fl- F-'0 F-J Pi ca En 0 fl) 0 0, Oj rt, (D 0 t-i Ul Fl- 0 rt, U) P) (D rt- 0 (D 0 (t ul (D rt* Ih (D 0 rv En (D (D (D P) (D (D 0 (D (D ti 0 0 Fj LQ rt (D 0 t-I P) P, rt, (D FJ- 0 (D (D t.-h Fj- (D rt* P) (n 0 0 Fj_ F@ (D rt* 0 (D C3 (D P) Ul ft Cf) rt, 0 (D (D (D La En Fj- 0 0) rl- (D F-4 Fj- 1-- 0 0 0 rt H_ :j w Ab Ob kDlb tPb A. (D P) + + + + (n 0 + + I I I I Respending Pecuniary considerations Wage and salary levels Transfer payments to government and private sector Interest rate Tax.levels Commodity prices Level of national defense spending C. Natural Resource 41 Marin.e., characteristics Water--.physical and chemical properties Biota Crucial life support systems Carrying capacity Recreational and aesthetic potential Estuarine characteristics Water -.Physical and chemical properties Biota Crucial life support systems Carrying capacity Recreational and aesthetic potential Shoreland (upland) characteristics'. Watershed drainage Freshwater flow into coastal area crucial life support system D. Legal-Constitutional Constitutional law Legislation .@.Adminstrative regulation Common law 14av increase slightly 4+ -May lower cost of elect.ricity, keep it from rising, or keep increase in price to a minimum 1+;4+ increasv- Thermal and possibly radioactive pollution of surrounding waters; chanqe in littoral drif turbidi.Lw__ 2- Deleterious effects of pollution on marine species; loss of organisms in seawater' intakes-, 2-;3- Deleterious effects due to pollution 2- Ikeduce carrying capacity because of pollution 2- May damage scenic values on-shore 2-;3- Thermal and radioactive pollution; change in littoral drift@- increase turbidity 2- .Deleterious effects on estuarine species due.to pollution; loss of organisms in seawater intakes 2-;3- Salt may amaqe shore vegetation; deleterious effects on breeding, feeding, miqration 2-;3- Reduce capacity of estuarine waters. due to pollution May damage scenic values on-shore. 2-;3- Salt may affect groundwater supplies 2-;4- ing v2getation covermay affect channels for water@flow,.,rate and amount of flow 2- [ aIt Slu Mav EMOV -1 Vlw F9 IS WIN, 4F, @!'? vrl t N, cw@ C." j7@ 3 4 1956 66680000