774 



48 



ending September 80, 1976, and $5 million for each of the 9 years there- 

 after for subsection (b) of the new section 310 ("Coastal Research and 

 Technical Assistance") and a like sum for the same period for sub- 

 section (c) of that new section. Subsection (b) is for a program of 

 research, study and training to assist the coastal States and subsection 

 (c) is for grants to the States to develop their own short term research, 

 study, and training capability. 



(a) (6) $50 million is authorized for the fiscal year ending June 30, 

 1976, $12.5 million for the succeeding transitional quarter ending 

 September 30, 1976, and $50 million for each of the 9 fiscal years there- 

 after, to be used for the cost of acquisition of lands to provide for 

 protection of, and access to, public beaches and for the preservation 

 of islands in accordance with section 306(d)(2) of the CZM Act. 

 Section 306(d)(2) is the provision of the CZM Act which re- 

 quires, as a condition precedent to approval of a State manage- 

 ment program, that the State has the authority, through its chosen 

 agency or agencies, for the management of its coastal zone in 

 accordance with its management program, including the power to 

 acquire fee simple and less than fee simple interests in lands and waters 

 and other property through condemnation or other means, when neces- 

 sary to achieve conformance with that management program. This 

 means that when the States own management program provides for 

 the acquisition by it of lands, waters or other pix>perty, then it must 

 have the authority, directly or indirectly to carry out that acquisition. 

 The committee is aware of the fact that the mention of condemnation 

 authority in the existing act has caused concern to some who have not 

 studied its wording carefully. We therefore, here emphasize that, 

 first, the State, itself, sets the program and ''acquisition'' is involved 

 only if it is necessary to carry out that program. Second, condemnation 

 is only one of the means by which the State can "acquire" property 

 and it is probable that a State can carry out a plan which calls for 

 "acquisition" without use of condemnation authority. In such case 

 it need have no condemnation authority just as it need none when the 

 plan does not necessitate acquisitions. With the additions which S. 586 

 makes to sections 305 and 306 relating to plans for the protection of, 

 and access to, public beaches and other coastal areas, the committee 

 deemed it especially important to clarify this matter. The funds au- 

 thorized by this new subsection (a) (5) are specifically to augment 

 State funds for protection of, and access to, public beaches and preser- 

 vation of islands and such funds may be used for acquisitions con- 

 sistent with that purpose. 



(a) (7) Increasing the annual authorization for the estuarine sanc- 

 tuaries section — section 312 of the present act — from $6 million to 

 $10 million. The period for which the authorization is provided is 

 extended through fiscal year 1985. $2.5 million is provided for the 

 transitional quarter ending September 30, 1976. The need for estuarine 

 sanctuaries has greatly increased by the ever growing threats to the 

 environment of the coastal zone, and the committee believes that the 

 coastal States will be accelerating their planning for and creation of 

 such areas. 



(b) Increasing the annual authorization for the administrative 

 expenses of the act in section 315(b) (redesignated 320) from $3 mil- 



