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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