CORAF: Appendix E

APPENDIX E

Honorable Bruce McPherson

4158 State Capitol



Ocean Resources and Ocean Waters - #19719



Dear Mr. McPherson:



Pursuant to your request, we have enclosed a list of federal statutes that
pertain to the regulation or management of coastal or ocean resources, with a
brief statement of the provisions of each statute.



Very truly yours,



Bion M. Gregory

Legislative Counsel







By

Thomas D. Whelan

Deputy Legislative Counsel

TDW:mem

ABANDONED SHIPWRECK ACT OF 1987 (43 U.S.C.A. Sec. 2101 and following). This act clarifies ownership of abandoned shipwrecks and encourages the development of underwater parks and the administrative cooperation necessary for the comprehensive management of underwater resources related to historic shipwrecks.

ACT TO PREVENT POLLUTION FROM SHIPS (33 U.S.C.A.
Sec. 1901 and following). This act prescribes preventive measures and violations for enforcement of the Protocol of 1978 relating to the Convention for the Prevention of Pollution from Ships and specified related international conventions.

ANADROMOUS FISH CONSERVATION ACT (66 U.S.C.A. Sec. 757a and following). This act authorizes cooperative and other agreements for conserving, developing, and enhancing the anadromous fishery resources of the nation and the fish in the Great Lakes and Lake Champlain that ascend streams to spawn.

THE CLEAN AIR ACT (42 U.S.C.A. Sec. 7401 and following). This act provides for prevention and control of air pollution through emission limits, plan and permit requirements, and vehicle standards. The act includes programs to assess deposition of hazardous air pollutants to certain lakes and coastal waters (74 U.S.C.A. Sec. 7412(m)).

COASTAL BARRIER RESOURCES ACT OF 1982 (16 U.S.C.A. Sec. 3501 and following). This act prohibits federal flood insurance coverage for new construction or substantial improvement, on and after October 1, 1983, on designated (largely undeveloped) barrier islands.

COASTAL WETLANDS PLANNING PROTECTION AND RESTORATION ACT (16 U.S.C.A. Sec. 3951 and following). This act develops a comprehensive approach to restore and prevent the loss of coastal wetlands in Louisiana. The act also requires the Director of the United States Fish and Wildlife Service, with funds made available under the act, to make matching grants to any coastal state to carry out coastal wetlands conservation projects, as defined.

COASTAL ZONE MANAGEMENT ACT OF 1972 (16 U.S.C.A.
Sec. 1451 and following) . This act establishes a federal-state partnership to manage the coastal zone. The act provides federal funding for the development and administration of state coastal zone management programs. The act also grants the coastal states some authority over federal and private activities that affect the coastal zone. The act allows states to participate in the outer continental shelf development process.

COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.C.A. Sec. 9601 and following). This act provides a mechanism for taking removal and remedial actions at hazardous substance release sites listed on the National Priorities List, including providing for the recovery of response action costs from the persons liable for the release.

DEEP SEABED HARD MINERAL RESOURCES ACT (30 U.S.C.A. Sec. 1401 and following). This act regulates exploration and commercial recovery at sea of hard mineral resources.

DEEPWATER PORT ACT OF 1974 (33 U.S.C.A. Sec. 1501 and following). This act regulates the location, ownership, construction, and operation of deepwater ports in waters beyond the territorial limits of the United States and protects the marine and coastal environment from impacts that might occur as a result of the development of deepwater ports.

EMERGENCY WETLANDS RESOURCES ACT OF 1986 (16 U.S.C.A. Sec. 3901 and following). This act provides revenues for the conservation of wetland resources and for the operation and maintenance of refuges, provides for a national wetlands priority conservation plan, establishes the National Wetlands Inventory Project, and provides other wetlands protections.

ENDANGERED SPECIES ACT OF 1973 (16 U.S.C.A. Sec. 1531 and following). This act provides for conservation of ecosystems upon which endangered species and threatened species depend, provides a program for the conservation of those endangered species and threatened species, and provides for enforcement of special treaties and conventions for the protection of species of fish or wildlife and plants facing extinction.

ERODIBLE LAND AND WETLAND CONSERVATION AND RESERVE PROGRAM (16 U.S.C.A. Sec. 3801 and following). This act establishes programs for protection of wetlands, which may include coastal areas, and for agricultural resources conservation.

ESTUARINE AND ESTUARINE ZONES ACT (16 U.S.C.A. Sec. 1221 and following). This act authorizes the study and inventory of estuaries and their natural resources and authorizes agreements with state or local agencies for the management, development, and administration of areas within an estuary.

THE FEDERAL POWER ACT (16 U.S.C.A. Sec. 791a and following). This act provides for regulation by the Federal Power Commission of the development and use of navigable water resources, which may affect anadromous fisheries, to produce electric power through permitting or licensing of facilities and regulation of electric utilities.

THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972
(33 U.S.C.A. Sec. 1251 and following). This act provides for the prevention and control of water pollution through effluent limitations and a permitting system, the National Pollution Discharge Elimination System (NPDES), which prohibits the discharge of pollutants into the waters of the United States without an NPDES permit.

FISH AND WILDLIFE ACT OF 1956 (16 U.S.C.A. Sec. 742a and following). This act establishes the United States Fish and Wildlife Service, provides loans for commercial fishing vessels or gear, and provides for investigations and reports on commercial fish and wildlife resources.

FISH AND WILDLIFE CONSERVATION ACT OF 1980 (16 U.S.C.A. Sec. 2901 and following). This act provides for financial and technical assistance to the states for the development, revision, and implementation of conservation plans and programs for nongame fish and wildlife.

FISH AND WILDLIFE COORDINATION ACT (16 U.S.C.A. Sec. 661 and following). This act provides assistance for the development, protection, rearing, and stocking of all species of wildlife and their habitat, provides for surveys and investigations of the wildlife of the public domain, and establishes the National Wildlife Refuge System.

FISH RESTORATION AND MANAGEMENT PROJECTS ACT (DINGELLJOHNSON SPORT FISH RESTORATION ACT) (16 U.S.C.A. Sec. 777 and following). This act provides for federal cooperation and financing in fish restoration and management projects designed for the restoration and management of all species of fish that have material value in connection with sport or recreation in the marine or fresh waters of the United States.

LACEY ACT AMENDMENTS OF 1981 (16 U.S.C.A. Sec. 3371 and following). This act makes it unlawful to import, export, transport, sell, receive, acquire, or purchase any fish or wildlife or plant taken or possessed in violation of specified laws and prescribes penalties and enforcement powers.

THE LAND AND WATER CONSERVATION FUND ACT OF 1965
(16 U.S.C.A. Sec. 4601-4 and following). This act provides funds for, and authorizes federal assistance to, the states in the planning, acquisition, and development of land and water areas and facilities, including coastal areas, and provides funds for the federal acquisition and development of certain lands, for outdoor recreation.

MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT (16 U.S.C.A. Sec. 1801 and following). This act provides for conservation and management of fishery resources off the coasts of the United States, encourages the implementation and enforcement of international fishery agreements, provides for fishery management plans, and establishes regional fishery management councils.

MARINE MAMMAL PROTECTION ACT OF 1972 (16 U.S.C.A.
Sec. 1361 and following). This act imposes a moratorium on taking and importing marine mammals and marine mammal products, establishes regulations on the taking of marine mammals, and imposes related restrictions.

MARINE PLASTIC POLLUTION RESEARCH AND CONTROL ACT OF 1987 (33 U.S.C.A. Sec. 1901 and following). This act requires ships in navigable and other waters under United States jurisdiction to comply with an international protocol and convention and otherwise limits the amount of plastic or buoyant garbage that may be discharged from ships and the use of equipment for the collection, storage or processing, and disposal of plastic.

MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT OF 1972 (16 U.S.C.A. Sec. 1431 and following; 16 U.S.C.A. Sec. 1447a and following; 33 U.S.C.A. Sec. 1401 and following, and 33 U.S.C.A. Sec. 2801 and following). This act regulates the dumping and transportation for dumping purposes of materials into ocean waters. The act establishes a program of monitoring and research regarding the effects of the dumping of material into ocean waters. The act establishes a comprehensive national program for consistent monitoring of coastal ecosystems and for other purposes.

MIGRATORY BIRD CONSERVATION ACT (16 U.S.C.A. Sec. 715 and following). This act authorizes the acquisition of migratory bird habitat which may include coastal areas. The act establishes a Migratory Bird Conservation Commission to review and approve proposals of the Secretary of the Interior for the purchase or rental of areas under the act. The act requires the Secretary of the Interior to obtain the legislative consent of the state in which the lands to be acquired are located before acquisition can be carried out.

MIGRATORY BIRD TREATY ACT (16 U.S.C.A. Sec. 701 and following). This act makes it unlawful "to hunt, take, capture, kill ... [or] possess" any bird protected by the 1916 Convention with Great Britain for the protection of migratory birds, except as permitted by the Secretary of Agriculture. The act prescribes the factors that the secretary is required to take into account when adopting exceptions to the act. The act provides that nothing in the act prevents states from giving further protection to migratory birds, their nests, or eggs.

NATIONAL AOUACULTURE ACT OF 1980 (16 U.S.C.A. Sec. 2801 and following). This act recognizes the aquaculture industry as a source f or "augmenting existing commercial and recreational fisheries (and] producing other renewable resources, thereby assisting the United States in meeting its future food needs and contributing to the solution of world resource problems. 11 The act directs the Secretaries of Agriculture, Commerce, and the Interior to conduct a study and to formulate recommendations for improvement of the aquaculture industry in the United States.

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 (42 U.S.C.A. Sec. 4321 and following). This act requires environmental impact statements and reports for activities on federal lands, and provides for related policymaking activities of the council on Environmental Quality and for research and development activities of the Science Advisory Board and Environmental Protection Agency. Provisions of the act apply to activities related to water quality and water supply under the Federal Water Pollution Control Act and Safe Drinking Water Act.

NATIONAL HISTORIC PRESERVATION ACT (16 U.S.C.A. Sec. 470 and following). This act provides for preservation of prehistoric and historic resources through various federal and state agencies generally administered by the Secretary of the Interior. The act applies to the protection of lands, buildings, and sites or places, which may include bodies of water. Related provisions protect historical or archaeological resources from flooding by dam construction (16 U.S.C.A. Sec. 469a).

NATIONAL WILDLIFE REFUGE SYSTEM ADMINISTRATION ACT
(16 U.S.C.A. Sec. 668dd and following). This act designates the various lands and land interests administered by the Department of the Interior for the conservation of fish and wildlife as part of the National Wildlife Refuge System. The act imposes restrictions on the alienation of lands or interests in lands administered under the -system, and prescribes the procedure for alienating land or land interests administered under the system.

NORTH AMERICAN WETLANDS CONSERVATION ACT (16 U.S.C.A. Sec. 4401 and following). This act grants authority to expand the refuge system established under the National Refuge Administration Act to conserve wetland ecosystems and waterfowl that depend on those ecosystems, which may include coastal waters. The act encourages public and private cooperation, including financial contributions, to acquire, restore, and enhance wetlands. Unless the Secretary of the Interior provides otherwise,, any lands or waters acquired under the act are added to the North American Refuge System.

OCEAN THERMAL ENERGY CONVERSION ACT OF 1980 (42 U.S.C.A. Sec. 9001 and following). This act provides for research, development, and demonstration activities pertaining to the conversion of ocean thermal energy to electricity.

OIL POLLUTION ACT OF 1990 (33 U.S.C.A. Sec. 2701 and following). This act provides for oil pollution liability and compensation. The act, except as prescribed, makes each responsible party for a vessel or a facility from which oil is discharged, or which poses the substantial threat of a discharge, into or upon the navigable waters or adjoining shoreline, liable for the removal costs and damages that result from the incident.

ORGANOTIN ANTIFOULING PAINT CONTROL ACT OF 1988 (33 U.S.C.A. Sec. 2401 and following). This act prohibits applying certain organotin antifouling paints and additives on vessels, and provides for related water quality monitoring.

OUTER CONTINENTAL SHELF LANDS ACT OF 1978 (43 U.S.C.A. Sec. 1331 and following, and 43 U.S.C.A. Sec. 1801 and following). This act provides for regulation by the Secretary of the Interior of matters pertaining to oil and natural gas reserves of areas defined as the Outer Continental Shelf, including mineral leases of submerged lands, and claims of losses by commercial fishermen resulting from oil and gas activities.

PACIFIC NORTHWEST ELECTRIC POWER PLANNING AND CONSERVATION ACT (16 U.S.C.A. Sec. 839 and following). This act establishes measures to encourage conservation, efficiency, planning, and development of electric power resources for the Pacific Northwest. The act sets forth the relationship of those activities to fish and wildlife and other water management activities.

PORTS AND WATERWAYS SAFETY ACT OF 1972 (33 U.S.C.A. Sec. 1221 and following). This act provides for a safety program to protect ports, waterways, and the marine environment by providing for the establishment of vessel operating requirements, the designation of port access routes, and the establishment of waterfront safety standards and procedures. The act imposes conditions for entry to ports in the United States. The act establishes the Towing Safety Advisory Committee.

RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 (42 U.S.C.A. Sec. 6901 and following). This act provides a cradle-to-grave regulation of the management of hazardous waste, including providing incentives for the reduction of the production of hazardous waste and the promotion of the most environmentally safe disposal methods.

RIVERS AND HARBORS ACT OF 1899 (33 U.S.C.A. Sec. 401 and following). This act protects navigable waters and river and harbor improvements by regulating the construction of river and harbor improvements, the deposit of refuse in navigable waters, the obstruction of navigable waters, and other related activities. The act provides for a federal dam inspection program and authorizes states to administer approved state dam safety programs in lieu of the federal program. The act creates the national Dam Safety Review Board.

SHORE PROTECTION ACT OF 1988 (33 U.S.C.A. Sec. 2601 and following). This act protects against illegal discharges of garbage from all vessels operating in United States coastal waters.

SUBMERGED LANDS ACT OF 1953 (43 U.S.C.A. Sec. 1301 and following). This act grants coastal states title to the coastal zone, with the federal government retaining title to the outer continental shelf.

UNITED STATES PUBLIC VESSEL MEDICAL WASTE ANTI-DUMPING ACT OF 1988 (33 U.S.C.A. Sec. 2501 and following). This act prohibits a public vessel from disposing of potentially infectious medical waste, as defined, into ocean waters, except under specified circumstances.

WATER RESOURCES DEVELOPMENT ACT OF 1992 (33 U.S.C.A. Sec. 2201 and following). This act provides for federal cost sharing in water resources development projects, regulates harbor development projects, and establishes the Inland Waterways Users Board. The act also provides for various water resources studies. Those projects and studies may affect downstream coastal and ocean waters.