198 



delegated this authority by the coastal State with the approval of the 

 Secretary. 



Coastal zone management mus't be considered in terms of the two 

 distinct but related regimes of land and water. The law of land use 

 management is highly developed. But, as to economic development 

 and preservation of open space and other environment and conserva- 

 tion interests, managem.ent of underwater lands and their related 

 waters is a much less developed area of law. But it is one in which 

 the States have considerable constitutional authority. The proposed 

 act provides methods by which the State may comply with the pro- 

 visions of this legislation, varying in degrees of State involvement 

 and control. The several coastal States need assistance in assuming 

 responsibility for management of the coastal zone. This bill is de- 

 signed to provide just this kind of assistance. The committee hopes 

 that the States will move f orthrightly to find a workable method for 

 State, local, regional. Federal, and public involvement in regulation 

 of non-Federal land and water use within the coastal zone. In light of 

 the competing demands and the urgent need to protect our coastal 

 zone, the existing institutional framework is too diffuse in focus, 

 neglected in importance and inadequate in the regulatory authority 

 needed to do the job. The key to more effective use of the coastal zone 

 in the future is introduction of management systems permitting con- 

 scious and informed choices among the various alternatives. The aim 

 of this legislation is to assist in this very critical goal. 



Legislative History 



The roots of this legislation extend at least to the 89th Congress, 

 if not to previous Congresses. In the 89th Congress several years of 

 effort culminated in the creation of the Commission on Marine Science, 

 Engineering and Kesources by the Act of June IT, 1966 (80 Stat. 203, 

 33 IJ.S.C. 1101) . From the outset, the Commission recognized the over- 

 riding importance of the coastal zone, and designated one of its panels 

 to prepare a report on the coastal zone. The Commission further high- 

 lighted the importance of the coastal zone by devoting the first sub- 

 stantive chapter of its report to "Management of the Coastal Zone." 



In response to the Commission's recommendation for Federal 

 coastal zone management legislation. Senator Magnuson introduced 

 S. 2802 late in the first session of the 91st Congress. A hearing was 

 held on the subject in December 1969. Subsequently, in the second ses- 

 sion of the 91st Congress, other bills were introduced, including 

 S. 3183, by Senator Boc:gs on behalf of the administration, and 

 S. 3460, by Senator Tydings. 



S. 3183 derived from recommendations of the Department of the 

 Interior in its National Estuarine Study, performed pursuant to the 

 Estuary Protection Act, Public Law 90^54, reported by the Com- 

 mittee on Commerce on July 17, 1968 (Senate Rep. No. 90-1419). The 

 Subcommittee on Oceanography, chaired by Senator Hollings, held 

 7 days of hearings from JSIarch through ]May 1970, at which 29 

 witnesses were heard. In addition, 55 articles, letters and statements 

 were received by the subcommittee and incorporated into the record 

 of its hearings, which were published as Serial No. 91-59. The hear- 

 ings and the statements provided several new ideas that were incor- 



