Powers 



SECTION 104. In order to achieve its purposes the State and local governments are encouraged to grant 

 the State delegated Authority the following powers 



Planning- authority to conduct the research and planning necessary for informed decision-making. 



Regulation— power to grant or withhold permits and/or estabhsh zoning for coastal land and 

 water use and, in addition, some authority to require that lands adjoining the coastline be used for pur- 

 poses compatible with the overall plan. 



Acquisition and eminent domain -authority to acquire lands where pubUc ownership is necessary to 

 carry out the plan, and to acquire easements. 



Development-authority to provide, either directly or by arrangement with another goverimiental 

 agency, such public facilities as beaches, marinas, and other waterfront developments that may be 

 required to carry out the plan. 



PoUcy Guidelines 



SECTION 105. In reviewing and approving the plans and program of an Authority pursuant to Federal 

 assistance the Secretary shall require Authorities to observe the following standards: 



(a) Coastal zones should support the widest possible variety of beneficial uses and be managed to 

 maximize net social return. This means that no single use— such as waste disposal— or class of uses— such 

 as commercial uses— should be allowed to exclude other uses. 



(b) As public resources, coastal waters and shorelines should not be permitted to be exploited for 

 private gain if it is accompUshed at pubUc expense. 



(c) Management authority should represent a balanced approach and should not be dominated by 

 either conservation or economic development authorities. 



(d) There must be a mechanism estabhshed between the Federal and the State and local governments 

 in the determination of shoreline use within the coastal zone. 



(e) There must be an opportunity for pubUc hearings to allow local governments, private interests, 

 and individuals to express their views before actions are taken or decisions are made changing or 

 modifying the coastal zone. 



(f) Laws and regulations enacted in the public good must be empowered with a mechanism for 

 enforcement. 



(g) Past decisions of a management authority should become a matter of public record. 



(h) Any proposed action must not violate the water quality standards established by the States in 

 accordance with Federal law. 



(i) In the case of interstate estuaries, the programs of other States must be considered. 



(j) The fishing rights of other States must be respected. 



(k) Any actions must respect all existing Federal rights within the coastal zones and in the contiguous 

 zone, as well as international agreements. 



III-185 



333-093 O - K9 - 23 



