Exemption certification.

16 USC 1538.

Regulations.

16 USC 6533. Pre-Act endangered

species parts, sales contract, validity.

Waiver.

"(4) If the Secretary approves any application for exemption made under this subsection, he shall issue to the applicant a certificate of exemption which shall specify

"(A) any prohibition in section 9(a) of this Act which is exempted;

"(B) the pre-Act endangered species parts to which the exemption applies;

"(C) the period of time during which the exemption is in effect, but no exemption made under this subsection shall have force and effect after the close of the three-year period beginning on the date of issuance of the certificate; and

"(D) any term or condition prescribed pursuant to paragraph (5) (Á) or (B), or both, which the Secretary deems necessary or appropriate.

"(5) The Secretary shall prescribe such regulations as he deems necessary and appropriate to carry out the purposes of this subsection. Such regulations may set forth

66

(A) terms and conditions which may be imposed on applicants for exemptions under this subsection (including, but not limited to, requirements that applicants register inventories, keep complete sales records, permit duly authorized agents of the Secretary to inspect such inventories and records, and periodically file appropriate reports with the Secretary); and

"(B) terms and conditions which may be imposed on any subsequent purchaser of any pre-Act endangered species part covered by an exemption granted under this subsection;

to insure that any such part so exempted is adequately accounted for and not disposed of contrary to the provisions of this Act. No regulation prescribed by the Secretary to carry out the purposes of this subsection shall be subject to section 4(f) (2) (A) (i) of this Act.

“(6) (A) Any contract for the sale of pre-Act endangered species parts which is entered into by the Administrator of General Services | prior to the effective date of this subsection and pursuant to the notice published in the Federal Register on January 9, 1973, shall not be rendered invalid by virtue of the fact that fulfillment of such contract may be prohibited under section 9(a) (1) (F).

(B) In the event that this paragraph is held invalid, the validity of the remainder of the Act, including the remainder of this subsection, Ishall not be affected.

"(7) Nothing in this subsection shall be construed to—

"(A) exonerate any person from any act committed in violation of paragraphs (1)(A), (1) (E), or (1) (F) of section 9(a) prior to the date of enactment of this subsection; or

"(B) immunize any person from prosecution for any such act. "(g) In connection with any action alleging a violation of section 9, any person claiming the benefit of any exemption or permit under this Act shall have the burden of proving that the exemption or permit is applicable, has been granted, and was valid and in force at the time of the alleged violation.".

SEC. 3. Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is further amended

(1) by striking out "subsection" in the first sentence of subsection (c) thereof and inserting in lieu thereof "section"; and (2) by striking out the period at the end of the second sentence of subsection (c) thereof and inserting in lieu thereof the following: "; except that such thirty-day period may be waived by

the Secretary in an emergency situation where the health or life of an endangered animal is threatened and no reasonable alternative is available to the applicant, but notice of any such waiver shall be published by the Secretary in the Federal Register within ten days following the issuance of the exemption or permit.". SEC. 4. Section 11(e)(3) of the Endangered Species Act of 1973 (16 U.S.C. 1540(e)(3)) is amended

(1) by inserting immediately before the words “execute and serve any arrest warrant," in the second sentence thereof the following: “make arrests without a warrant for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view, and may”; and

(2) by striking out the period at the end thereof and inserting in lieu thereof the following: ", but upon forfeiture of any such property to the United States, or the abandonment or waiver of any claim to any such property, it shall be disposed of (other than by sale to the general public) by the Secretary in such a manner, consistent with the purposes of this Act, as the Secretary shall by regulation prescribe.".

SEC. 5. Paragraph (1) of section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532(1)) is amended by striking the period and inserting in lieu thereof ": Provided, however, That it does not include exhibition of commodities by museums or similar cultural or historical organizations.".

Approved July 12, 1976.

Notice, publication in Federal Register,

Enforcement,

LEGISLATIVE HISTORY:

HOUSE REPORT No. 94-823 accompanying H, R. 10229 (Comm, on Merchant

Marine and Fisheries)

SENATE REPORT No. 94-63 (Comm, on Commerce)

CONGRESSIONAL RECORD:

Vol 121 (1975): Apr. 14, considered and passed Senate,

Vol 122 (1976) Feb. 17, considered and passed House, amended, in

lieu of H. R. 10229.

June 24, Senate agreed to House amendment with

amendments,

June 29, House concurred in Senate amendments,

76-416 0 81 - 21

Public Law 94-370 94th Congress, S. 586

July 26, 1976

An Act

To improve coastal zone management in the United States, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Coastal Zone Management Act Amendments of 1976”. SEC. 2. FINDINGS.

Section 302 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451) is amended

(1) by inserting "ecological," immediately after "recreational," in subsection (b);

(2) by striking out

(A) the semicolon at the end of subsections (a), (b), (c), (d), (e), and (f), respectively, and

(B)"; and" at the end of subsection (g),

and inserting in lieu of such matter at each such place a period; and

(3) by inserting immediately after subsection (h) the following:

"(i) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.".

SEC. 3. DEFINITIONS.

Section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) is amended

(1) by redesignating paragraph (a) as paragraph (1), and by amending the first sentence of such paragraph (1) (as so redesignated)

(A) by striking out "Coastal" and inserting in lieu thereof "The term 'coastal"; and

(B) by inserting immediately after "and includes" the following: "islands,";

(2) by redesignating paragraph (b) as paragraph (2), and by amending such paragraph (2) (as so redesignated)

(A) by striking out "Coastal" and inserting in lieu thereof "The term 'coastal"; and

(B) by striking out "(1)" and "(2)" and inserting in lieu thereof (A)" and "(B)", respectively;

(3) by striking out "(c) "Coastal" and inserting in lieu thereof "(3) The term 'coastal";

(4) by inserting immediately before paragraph (d) thereof the following:

"(4) The term 'coastal energy activity' means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or

Coastal Zone
Management Act
Amendments of
1976.

16 USC 1451

note.

operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state;

"(1) Any outer Continental Shelf energy activity.

"(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas.

"(ii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 3 (10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502 (10))).

For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be 'in close proximity to' the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone.

“(5) The term 'energy facilities' means any equipment or facility which is or will be used primarily

"(A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or

"(B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A).

The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing.";

(5) by striking out (d) Estuary'" and inserting in lieu thereof "(6) The term 'estuary'";

(6) by redesignating paragraph (e) as paragraph (7) and by amending such paragraph (7) (as so redesignated)

(A) by striking out "Estuarine" and inserting in lieu thereof "The term 'estuarine", and

(B) by striking out "estuary, adjoining transitional areas, and adjacent uplands, constituting" and inserting in lieu thereof the following: "estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes";

(7) by striking out paragraph (f) and inserting in lieu thereof the following:

"(8) The term 'Fund' means the Coastal Energy Impact Fund Post, p. 1019. established by section 308 (h).

Post, p. 1018.

"(9) The term 'land use' means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section 307(g).

"(10) The term 'local government' means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.";

(8) by striking out (g) 'Management" and inserting in lieu thereof(11) The term 'management";

(9) by inserting immediately after paragraph (11) (as redesignated by paragraph (8) of this section) the following:

"(12) The term 'outer Continental Shelf energy activity' means any exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331 (a))), or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production.

(13) The term 'person' means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government.

"(14) The term 'public facilities and public services' means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population.

(15) The term 'Secretary' means the Secretary of Commerce."; (10) by striking out "(h) 'Water" and inserting in lieu thereof "(16) The term 'water"; and

(11) by striking out paragraph (i).

SEC. 4.

MANAGEMENT

GRANTS.

PROGRAM

DEVELOPMENT

Section 305 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1454) is amended to read as follows:

"MANAGEMENT PROGRAM DEVELOPMENT GRANTS

"SEC. 305. (a) The Secretary may make grants to any coastal state"(1) under subsection (c) for the purpose of assisting such state in the development of a management program for the land and water resources of its coastal zone; and

"(2) under subsection (d) for the purpose of assisting such state in the completion of the development, and the initial implementation, of its management program before such state qualifies for administrative grants under section 306. "(b) The management program for each coastal state shall include each of the following requirements:

"(1) An identification of the boundaries of the coastal zone subject to the management program.

"(2) A definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters.

(3) An inventory and designation of areas of particular concern within the coastal zone.

"(4) An identification of the means by which the state proposes to exert control over the land uses and water uses referred to in

Post, p. 1017.
Requirements.