345 



management plans and programs," has been assigned to this Depart- 

 ment by the Secretary of Defense for the preparation of a report 

 thereon expressing the views of the Department of Defense. 



The bill would amend the Marine Resources and Engineering De- 

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

 as the "National Coastal and Estuarine Zone Management Act of 

 1971." This act would establish a national policy to preserve, develop, 

 and restore the Nation's coastal and estuarine zone through the prepa- 

 ration and implementation of State management plans and programs. 

 The act would authorize the Secretary of Commerce to make grants 

 to the coastal States to assist in the development and administration of 

 their management plans and programs. In addition, the Secretary 

 would be authorized to underwrite bond issues or loans for State land 

 acquisition or State land and water development and restoration i^roj- 

 ects and to make grants to coastal States to acquire, develop, and op- 

 erate estuarine sanctuaries for the purpose of creating natural field 

 laboratories. 



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

 fense, is sympathetic with the basic objectives of H.R. 2493 ; however, 

 we wish to note that the comprehensive "National Land Use Policy 

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

 mental program also contains provisions which give explicit recogni- 

 tion to the importance of the Nation's coastal and estuarine areas. We 

 would defer to the Council on Environmental Quality and the Depart- 

 ment of the Interior as to the desirability of legislation such as H.R. 

 2493, in light of the proposed "National Land Use Policy Act of 1971." 



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

 tain points that should be kept in mind in connection with any legisla- 

 tion designed to influence use of our coastal and estuarine areas. First, 

 certain parts of such areas may be of great importance in connection 

 with such national defense activities as weapons testing and develop- 

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

 area for consultation with the Secretary of Defense in connection with 

 the Federal approval of any State plan or program governing the use, 

 development, or disposition of the resources of the coastal estuarine 

 areas. We note in this connection that provision is made in the "Na- 

 tional Land Use Policy Act of 1971" for consultation by the Depart- 

 ment 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 that nothing in 

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

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

 tionally recognized right of innocent passage, passage through 

 international straits or the sovereign immunity afforded certain ves- 

 sels under international law. 



As a technical matter, it is noted that the bill does not contain a sec- 

 tion 305, but does contain two sections numbered 306 and two sections 

 numbered 313. 



This report has been coordinated within the Department of Defense 

 in accordance with procedures prescribed by the Secretary of Defense. 



The Office of Management and Budget advises that, from the stand- 



