343 



Department of the Navy, 

 Office of Legislative Affairs, 



Washingto7i, D.C., June ^4, 1971. 

 Hon. Edward A. Garmatz, 



Chahmian^ Cornmittee on Merchant Mmine mid Fisheries^ House of 

 Representatives., Washington, D.C. 



Dear Mr. Chairman : Your request for €omment on H.E. 2492 a 

 bill "To provide for the effective management of the Nation's coastal 

 and estuarine areas," has been assigned to this Department by the Sec- 

 retary of Defense for the preparation of a report thereon expressing 

 the views of the Department of Defense. 



This bill would amend the ISIarine Resources and Engineering 

 Development Act of 1966 by adding thereto a new title III to be 

 known as the Coastal and Estuarine Area Management Act. This 

 aot would declare it to be the policy of Congress to foster effective 

 utilization of coastal and estuarine areas through assistance to coastal 

 States in their management of such areas. The bill would authorize 

 the Administrator of the National Oceanic and Atmospheric Agency 

 to make grants to any coastal authority for the purpose of defraying 

 their operating expenses. The Administrator would be directed to 

 review plans submitted by any coastal authority and to approve such 

 plans, if the^^ fulfill the objective of the act. The Administrator would 

 also be authorized to enter into agreements with any coastal State to 

 underwrite, by guarantee, bonds issued on loans obtained by such States 

 for land acquisition, water development, or restoration projects un- 

 dertaken by such State in connection with the implementation of a 

 coastal or estuarine management plan. 



The Department of the Navy, on behalf of the Department of 

 Defense, is sympathetic with the basic objectives of H.R. 2492; how- 

 ever, we wish to note that the comprehensive "National Land Use 

 Policy Act of 1971 (H.R. 4332) which is part of the President's en- 

 vironmental program also contains provisions which give explicit 

 recognition to the importance of the Nation's coastal and estuarine 

 areas. We would defer to the Council on Environmental Quality and 

 the Department of the Interior as to the desirability of legislation such 

 as H.R. 2492, in light of the proposed "National Land Use Policy Act 

 of 1971." 



For the committee's benefit, however, we would like to mention 

 certain points that should be kept in mind in connection with any legis- 

 lation designed to influence use of our coastal and estuarine areas. 

 First, certain parts of such areas may be of great importance in con- 

 nection with such national defense activities as weapons testing and 

 development. Thus, it is vital that provision be made in any legislation 

 in this area for consultation with the Secrotaiy of Defense in connec- 

 tion with the Federal approval of any State plan or program govern- 

 ing the use, development, or disposition of the resources of the coastal 

 estuarine areas. We note in this connection that provision is made in 

 the "National Land Use Policy Act of 1971" for consultation by the 

 pe)>artment of the Interior with other concerned Federal agencies, 

 including, of course, the Department of Defense. 



Second, as a matter of international law it is imperative that any 

 legislation in this field contain language to the effect tliat nothing in 

 such legislation should be construed as authorizing, and does not au- 

 thorize any rules or controls which are in derogation of the interna- 



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