160 



I would hope we can all get a copy of it just as soon as possible 

 because I understand that the bill may be coming up this week; is 

 that correct 2 



Mr. Lennon. Yes. 



Mr. Steele. Thank j^ou. 



Secretary Loescii. I will have it in sufficient copies for the entire 

 committee. 



Mr. Lennox. Mr. Mills ? 



Mr. Mills. No questions. 



Mr. Lennon. Mr. Secretary, inasmuch as it is a possibility, even 

 probability, that the legislation will be considered during this week, 

 lam talking about the bill H.R. 9727, the ocean dumping bill as it is 

 generally referred to, coidd you not briefly summarize your basic ob- 

 jections, those of the Department of the Interior ? 



My information is that the Department of the Interior wants this 

 authority rather than to permit the Administrator of NOAA, the 

 Secretary of Commerce, through the Administrator of NOAA, to 

 have it. 



That is the scuttlebut information that I have, that the Department 

 of the Interior made the decision that it wants to be designated as 

 the agency of the Federal Government that may designate marine 

 sanctuaries of the ocean and coastal waters as far seaward as the Outer 

 Continental Shelf, and so forth. 



Is that basically the objection to title III, the fact that the Depart- 

 ment of the Interior was not designated as the agency that would make 

 tho determination ? 



Secretary Loescii. No, sir; it really was not and let me say also that 

 the Department supports the concept of marine sanctuaries. I could 

 read to 3^ou a paragraph which will constitute the essence of the letter 

 that I will have prepared for you today, Mr. Chairman, that may 

 throw some light on our attitude : 



With respect to the program responsibilities of this Department, we are most 

 concerned about the prospective effects of Title 3. 



It provides generally for a designation by the Secretary of Commerce of marine 

 sanctuaries within a broad area, ranging seaward, to the outer edge of the 

 Continental Shelf for the regulation of any activities permitted within the desig- 

 nated marine sanctuary and for certification by the Secretary of Commerce that 

 othex-wise lawful activity is consistent with the purix)ses of this title and can 

 be carried out without the regulations — and I am not sure that last is not a 

 misprint in the bill itself — promulgated under Section 302 (b ) . 



In letters to the Chairman of the Committee of Merchant Marine and Fisheries, 

 the Departments of State and Defense and the Office of Management and Budget 

 have expressed their concern about the claim to extra territorial jurisdiction 

 proposed in Title 3. 



It may sufiice to note that any such assertion of jurisdiction beyond established 

 limits has been carefully and properly avoided in Title 1 of the same bill. 



To the same extent that the United States does claim jurisdiction beyond tiie 

 territorial sea and the contiguous fisheries zone, such jurisdiction pertains only 

 to natural resources of the Outer Continental Shelf. 



Thus, the only permitted activity lawfully subject to certification by the Sec- 

 retary, within a marine sanctuary beyond the territorial sea would be that 

 already subject to regulation by this Department under the Outer Continental 

 Shelf Laud Act. 



The National Environmental Policy Act of 1969 and regulations promulgated 

 by this Department pursuant to the Outer Continental Shelf Lands Act require 

 thorough consideration of environmental impact prior to the leases of mineral 

 leases and during extraction if a lease is issued. 



No Federal agency is better able than we to identify those natural values 

 deemed worthy of preservation in Section 302 (a ) . 



