59 



I think I would not care to state anything stronger than to say that 

 such a requirement might be an overriding national security require- 

 ment and miglit be such in the view of the President and in the view 

 of the Congress. So we would like to be certain that the mechanism 

 in whatever bill that is enacted allows for consideration of that possi- 

 bility and allows for it to be considered at an overall national govern- 

 ment level. And certainly at an overall executive department level 

 inasmuch as it is principally, for administrative purposes, an executive 

 department problem. 



What we are concerned with is that Defense requirements miglit 

 be left out, and that adjustment among uses miglit be treated simply 

 as a matter of convenient use of the coastal zone, rather than as a 

 matter of adjustment between different kinds of national requirements. 



Senator Inoute. Would you construe this amendment as proposed 

 by you to involve a veto by the Secretary of Defense ? 



" Dr. Frosch. No, I would not. I would construe it as requiring that 

 the Secretary of Defense be consulted ; that if simple discussion, after 

 his opinion was made known, was not a solution to the problem, that 

 the problem go to the level of the Executive Office of the President, 

 which might involve the Marine Council ; it might involve the Office 

 of Science and Technology, the Bureau of the Budget, and the Na- 

 tional Security Council, and the Domestic Council. 



Senator Inouye. Your testimony on the technical defects of these 

 several bills has been most helpful. Would you favor the committee 

 with your amendments, your suggestions for changes that could be 

 made to take these defects away ? 



Dr. Frosch. I would prefer to furnish that for the record, since it 

 becomes a matter of quite precise legal language, if I may, Mr. 

 Chairman. 



Senator Inoute. We will appreciate that very much, sir. 



(The following information was subsequently received for the 

 record:) 



With respect to the definition of "coastal zone," it is reoommended that the 

 phrase "or the seaward boundary, whichever is further offshore" be stridden. 

 This deletion is necessary if the United States is not to purport to he extending 

 its sovereignty beyond its territorial sea. The limited rights of a coastal state 

 beyond its territorial sea are defined as a matter of international convention. 

 Such rights are not sufiiciently broad in international law to encompass the 

 purposes of these bills. It is true that, as a matter of domestic law, the state 

 governments of Texas and Florida, as distinct from the federal government, 

 have the authority to regulate the exploration and exploitation of the mineral 

 resources of the U.S. continental shelf in the Gulf Coast out to nine miles. These 

 state rights, however, are narrowly limited by both domestic law and by inter- 

 national convention. The rights of regulation and control of coastal development 

 contemplated by subject bills exceed presently existing state rights in explora- 

 tion and exploitation of mineral resources beyond the U.S. territorial sea. The 

 United States would thus be making a unilateral assertion of jurisdiction in 

 conflict with international law if subject bills were to apply beyond the terri- 

 torial sea. 



It should be noted that the term "seaward boundary" has no recognized con- 

 tent in international law nor domestic legislation. Therefore, it is recommended 

 that its definition be stricken in its entirety. It would be confusing to introduce 

 such a new term into U.S. domestic legislation. 



The term "territorial sea" standing alone, without definition, is a recognized 

 term of international law and understood legislative content. Use of the phrase 

 "territorial sea" where appropriate allows the breadth thereof to be such as is 

 consistent with international law and the best interests of the United States. 

 It is recommended, therefore, that tie definitions of "territorial sea," be deleted. 

 When definition is deemed requisite, they be amended to read as follows : "The 

 term 'territorial sea' means the belt of sea adjacent to the United States within 



