Statement of Administration Policy: H.R. 4450 - Coastal Zone Management Act Reauthorization Amendments

(House)
(Hertel (D) Michigan and 2 others)

The Administration supports reauthorization of the Coastal Zone Management Act (CZMA) and amendments to encourage States to improve management of the coastal zone. The Administration has submitted legislation (H.R. 4438) to reauthorize and amend the CZMA. H.R. 4438 would encourage States to meet specific high-priority national objectives to address more efficiently coastal and ocean environmental problems.

However, if H.R. 4450 is presented to the President in the form of the subtitute to be considered by the House, the Secretaries of the Interior, Defense, Agriculture, and Energy, and the Attorney General, would recommend a veto because it would be likely to be interpreted to:

—  subject Outer Continental Shelf (OCS) lease sales to review for consistency with State coastal zone management programs; and

—  broadly expand the application of the CZMA's "consistency" provisions to encompass a wide range of Federal activities undertaken beyond the traditionally defined area of the coastal zone and impose new restrictive standards on Federal agencies in conducting those authorized activities.

The Administration would also oppose enactment of H.R. 4450 unless it is amended consistent with H.R. 4438 to authorize appropriations at levels requested in the 1991 Budget, and to delete provisions that would:

—  Shift the focus of the CZMA from balanced management to coastal protection (amendments to sections 302(5)). The language proposed by the Administration reflects the proper balance in that it gives priority to environmental protection while also allowing for economic development.

—  Imply in its findings a new larger, but undefined, role for States "outside the coastal zone" (proposed new CZMA section 302(9)). This should be amended to conform with section 303(e)(7) of H.R. 4438. The Administration's proposal would allow the Secretary of Commerce to respond to changing circumstances and emerging issues that affect the coastal zone.

—  Reestablish the Coastal Energy Impact Program.

The Administration prefers the approach contained in H.R. 4438, which offers incentives and technical assistance to States to encourage voluntary compliance with the CZMA program. The Administration's proposal, with its competitive grant proposal, would encourage States to assume a greater role than the formula grant approach in H.R. 4450.