Whereas, Several proposed amendments to H.R. 1614 would bypass the Coastal Zone Management Program and the Coastal Energy Impact Program in providing funds to coastal states; therefore be it Resolved, That the Coastal Zone Management Advisory Committee advises the Secretary of Commerce to urge the Ad Hoc Select Committee on the Outer Continental Shelf to reject proposals for financial assistance to coastal states that do not: (A) Retain a tie to the Coastal Zone Management Program and the Coastal Energy Impact Program, including a requirement that, to remain eligible for this financial assistance, a state must be making satisfactory progress toward the development of a coastal management program; and (B) Retain minimal Federal review of the use of the financial assistance, including any required environmental review. Further, It is recommended that the Secretary transmit a copy of this resolution to the Chairman of the Ad Hoc Committee. Adopted this 15th day of July 1977. WILLIAM C. BREWER, Chairman, CZM Advisory Committee. COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE William C. Brewer, Jr., Chairman, General Counsel, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce, Washington, D.C. 20233, 202-377-4080. Dr. Richard J. Keating, Executive Secretary, Congressional Liaison, Office of Coastal Zone Management, NOAA, 3300 Whitehaven Street, Northwest, Washington, D.C. 20235, 202–634–6791. Adams, Janet K. President, California Coastal Post Office Box 4161 Allen, Donald G. New England Electric System Westboro, Massachusetts 01581 617-366-9011 Connelly, John R. Consultant, Senate Finance State Capitol, Room 5052 Hussey, John F. Director, Public Relations- 1101 17th Street, NW. Jennings, Ann Conservation Chairman 4822 Carter Hill Road Columbia, South Carolina 29206 803-782-7237 Jones, Robert P. 124 West Jefferson Street Honorable Tom McCall McWilliam, John A. General Manager & Chief Exec. Toledo-Lucas County Port 241 Superior Street Toledo, Ohio 43604 419-243-8251 Moody, O. William Administrator, Maritime Trades Dept. AFL-CIO 815 16th Street, NW. Washington, D.C. 20006 202-628-6300 Hon. JOHN W. MURPHY, DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF ENGINEERS, DEAR MR. MURPHY: I am responding to your letter of May 23, 1977 enclosing a copy of a statement prepared by Captain K. C. Torrens, National President of the Council of American Master Mariners, Inc. The statement concerns the establishment of shipping safety fairways through areas of drilling activity on the Outer Continental Shelf. By letter of April 26, 1977 we provided guidance to our North Atlantic and New England Division Engineers on the establishment of shipping safety fairways. Captain Torrens was furnished a copy of this guidance and has since expressed his appreciation for the action we have taken. Copies of the pertinent correspondence are enclosed for your information. I have been informed that the North Atlantic Division Engineer has accepted an application to establish shipping safety fairways from Captain Torrens. We do not feel that there are any questions as to which agencies have jurisdiction for these or related matters on the Outer Continental Shelf and, accordingly, do not have any legislation to recommend. We have established an extensive network of Shipping Safety Fairways in the Gulf of Mexico; a Shipping Safety Fairway at Port Hueneme, California, and proposed Guidelines for exploratory drilling due to be published in the Federal Register on June 7, 1977. These fairways and guidelines were developed in consultation and cooperation with the U.S. Coast Guard, Bureau of Land Management, State and local governments. We also rely heavily on the input of industry in these matters. I hope that we have answered your questions on this matter. Sincerely yours, ALVIN G. ROWE, Colonel, Corps of Engineers, Assistant Director of Civil Works Atlantic. DEPARTMENT OF THE ARMY, OFFICE OF THE CHIEF OF ENGINEERS, Washington, D.C., April 26, 1977. Subject: Establishment of Shipping Safety Fairways in the North Atlantic. To: Division Engineer, North Atlantic Division Engineer, New England 1. Reference: a. DAEN-CWR-L letter "Regulatory Functions-Outer Continental Shelf (OCS) Oil Leases and Corps of Engineers Ocean Policies" dated December 2, 1975. b. Joint Corps/Coast Guard meeting in New York on January 20, 1976. 2. The purpose of this letter is to provide additional guidance about the establishment of shipping safety fairways in the North Atlantic area. The North Atlantic Division Engineer shall be responsible for the overall coordination in both the North Atlantic and New England Division areas. Contrary to the information informally given earlier about pending legislation which would transfer the responsibility for establishing shipping safety fairways to the Coast Guard, we have been advised that the fairway issue was not included in proposed legislation submitted by an OMB task force. 3. The District Engineers should take a lead agency approach towards the establishment of shipping safety fairways within their respective jurisdictions. There are at least three sets of circumstances in which the fairway issue may arise: a. Where the Corps identifies a need for a fairway, it falls within our purview to press for its establishment on our own initiative. An outside applicant would not be essential; b. Where the U.S. Coast Guard devises a traffic separation scheme and requests that we superimpose a fairway; c. Where a local port authority or similar local entity or organization applies for its establishment. 4. Due to the varying circumstances obtaining in different geographical areas, we do not consider it feasible or practicable to develop national guidelines on fairway establishment at this time. Our policy remains to leave the responsibility for technical development of fairways at the District level. District personnel are more knowledgeable about local conditions and maintain close working contacts with the regional representatives of other Federal agencies and their local and state counterparts. 94-224-77-16 5. In the event, however, that a decision is imminent to establish shipping safety fairways, we caution you: a. to ensure that the District Engineers conduct a public interest review of the need for any proposed fairway. Close coordination with the local Coast Guard District, the Bureau of Land Management and industry is imperative; b. to settle the fairway issue before granting any permits for permanent production structures which might interfere with the viability of possible alternative fairway locations and routings; and c. to observe the absolute prohibition on permitting permanent or temporary structures within the fairways after their establishment. 6. In the event that you do decide to establish a fairway, you should forward a draft regulation and report describing the development of the case, together with your findings, to OCE for eventual publication in the Federal Register. 7. Mr. Curtis Clark, (DAEN-CWO-N), telephone (202) 693-5070 is available to answer any questions. For the Chief of Engineers: Mr. K. C. TORRENS, DRAKE WILSON, Brigadier General, USA, Deputy Director of Civil Works. MAY 12, 1977. National President, The Council of American Master Mariners, Inc., New York, N.Y. DEAR MR. TORRENS: Your letter of March 29, 1977 to the Secretary of the Army Clifford L. Alexander, Jr., concerning the establishment of shipping safety fairways in the North Atlantic area has been forwarded to me for reply. By letter of April 26, 1977 we provided additional guidance to our North Atlantic and New England Division Engineers with regard to the establishment of shipping safety fairways in their areas. A copy of that letter and a referenced policy letter dated December 2, 1975 are inclosed for your information. We are informed that the North Atlantic Division Engineer will be in contact with you in the near future. We appreciate your concern in this matter. DRAKE WILSON, Brigadier General, USA, Deputy Director of Civil Works. THE COUNCIL OF AMERICAN MASTER MARINERS INC., Brig. Gen. DRAKE WILSON, USA New York, N.Y., May 25, 1977. Deputy Director of Civil Works, Department of the Army, Re Establishment of Shipping, Safety Fairways, North Atlantic OCS. DEAR GENERAL WILSON: This is in acknowledgement of your letter of May 12, 1977 and in appreciation for providing direction which can lead to a realistic and timely resolution of a most crucial matter. We have contacted the North Atlantic Division Engineer with a view to making application for our proposed shipping safety fairways and trust that similar direction will be forthcoming to provide for the area south of Hatteras prior to lease sale No. 43. Respectfully, Hon. JOHN M. MURPHY, Capt. K. C. TORRENS, National President. CONGRESS OF THE UNITED STATES, Chairman, Ad Hoc Select Committee on Outer Continental Shelf, DEAR MR. CHAIRMAN: As requested in your letter of July 15, the OTA Oceans Program staff has compared the present OCS leasing process to changes in this process proposed in H.R. 1614, as reported out by your Committee. The comparison shows that, with a few exceptions noted below, H.R. 1614 does not add substantially to the time periods presently required for the OCS leasing process. In making this comparison, the OTA staff examined only specifically mandated changes of time for each step in the process. This review does not include an evaluation of how the leasing process might be shortened or lengthened by new rulemaking requirements specified in H.R. 1614. Page 188, line 9. H.R. 1614 specifies that the Governors of affected coastal states have 60 days to respond to a notice of a proposed lease sale. Under the present system, the Governors have 30 days to respond to such notices. Page 208, line 8. H.R. 1614 specifies that the Governors of affected coastal states have 90 days to respond to development and production plans. Under the present system, the Governors have 60 days to respond to these plans. The additional time required by H.R. 1614 for these two steps does not appear significant when considered in the context of the six or more years that are now required from the time when an offshore area is first considered to the point when production first begins. Sincerely, DANIEL DE SIMONE, Acting Director. XI. CHANGES IN EXISTING Law In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman): OUTER CONTINENTAL SHELF LANDS ACT |