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1981 Coastal L. Memo 1 (1981)

handle is hein.journals/ocoaslme1981 and id is 1 raw text is: Ocean and Coastal Law Center - School of Law * University of Oregon * Eugene 97403 A Coastal Law memo Issue 2 April 1981 THE COASTAL ZONE MANAGEMENT IMPROVEMENT ACT OF 1980 Coastal zone management has reached a stage of critical significance. Almost four out of five people in the United States now live within 100 miles of the ocean or the Great Lakes. By 1990, esti- mates are that 75 percent of the popula- tion will live within 50 miles of these shores. Rational balancing of the many competing pressures on finite coastal resources will become increasingly diffi- cult and also increasingly important. Recognition of the need for contin- ued and intensified management efforts culminated in the passage of the Coastal Zone Management Improvement Act (CZMIA) of 1980. Passed in the Presidentially designated Year of the Coast, the CZMIA reauthorizes and amends the Coastal Zone Management Act (CZMA); its enactment reaffirmed a national commitment to the wise use and protection of coastal resources. This Coastal Law Memo will examine the major features of the CZMIA and will discuss the practical problems of implementation. Of crucial concern will be Reagan administration proposals to cut federal funding for coastal management,the probable effects on state coastal programs, and the future prospects for effective management of the coastal zone. PURPOSE OF LEGISLATION The CZMA of 1972 expressly acknow- ledged a national interest in the effective management, beneficial use, protection, and development of the coastal z.one. Implicit in the assertion of a national interest in better management and protec- tion of coastal resources was the recogni- tion of the inadequacy of then-existing state and local efforts. The CZMA has encouraged states to develop management programs to address the multiple objectives of the Act and to accommodate conflicting demands and expectations. But the CZMA has not dictated substantive resource allo- cation policies nor has it imposed a comprehensive management plan upon the states. Instead, it has offered a proce- dural framework within which states have had considerable discretion in developing and implementing programs responsive to the particular needs of their coastal zones. Overall emphasis has been on state control and voluntary participation. The CZMA has encouraged state parti- cipation in several ways. First, federal funds have been provided to cover up to 80 percent of the costs of developing and administering coastal management programs. Grants are awarded by the Office of Coastal Zone Management (OCZM), part of the National Oceanic and Atmospheric Adminis- tration (NOAA), according to very general- ized process-oriented guidelines. Section 305 authorized grants to enable states to develop acceptable coastal programs; all eligible states and territories have received these grants, in varying amounts. Section 306 authorized administrative grants to states with approved coastal programs. Funds were also available for the acquisition of estuarine sanctuaries and beach access. Economic incentives were increased in 1976 with the addition of the Coastal Energy Impact Program (CEIP), which authorized grants and loans to states participating in the CZMA. Second, section 307 guarantees to states with approved programs greater control over day-to-day management activi- ties by requiring inter-governmental coordination and cooperation. Federal agency activities directly affecting the coastal zone must be, to the maximum extent practicable, consistent with approved state management programs. The resulting federal-state relationship recognizes the primary management authority of the states and encourages programs uniquely tailored to local political pressures and particular state cicumstances and concerns. Currently, 25 states and territories have approved programs, accounting for over 78 percent of the nation's coastline. Distributed by: OSU Extension Service' Sea Grant Marine Advisory Program, Corvallis, OR 97331

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