land, not in excess of three acres, on which the residence is situated as the Secretary considers reasonably necessary to the use of the residence and (2) any property that is owned and used chiefly for hunting before an area is designated as a national estuarine area and continues in such use, unless the Secretary determines that such use is incompatible with the purpose for which such area was designated. The Secretary may exclude from improved property any beach or waters, together with so much of the land adjoining such beach or waters for public access thereto, as he deems necessary to carry out the purposes of this Act. SEC. 7. In order to carry out the purposes of this Act, the Secretary may construct, operate, install, and maintain on property acquired by him or covered by an agreement entered into pursuant to section 4 of this Act buildings, devices, recreational facilities, access roads, and such other improvements as he deems desirable, conduct directly or by contract, investigations, studies, and engineering and biological surveys, and enter into agreements with any person or public or private agency or organization through negotiation for the provision of public accommodations.

SEC. 8. The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to, shore erosion control, dredging, filling, or beach protection measures on lands or waters within any national estuarine area shall be exercised in accordance with a plan that is mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of this Act.

SEC. 9. The Secretary is authorized to issue regulations governing the public use of estuarine areas administered by him.

SEC. 10. (a) The Secretary shall permit by regulation hunting and fishing on land and waters within any national estaurine area in accordance with the appropriate State laws, to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary under tis section shall be effective only after consultation with the State agency responsible for hunting and fishing activities. Nothing in this Act shall limit or interfere with the authority of the States to permit or regulate shellfishing in any waters within an estuarine area administered by the Secretary. Nothing in this Act shall affect the authority of the Secretary under other provisions of law to regulate migratory birds.

(b) No person shall knowingly violate any regulation of the Secretary relating to the public use of any national estuarine area, or injure, remove, or destroy any property or improvement of the United States therein, unless such activities are permitted by regulations prescribed by him or by express provision of this Act.

(c) Any person authorized by the Secretary to enforce the provisions of this section may, without a warrant, arrest any person violating this section in his presence or view, and may execute any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this section, and may with a search warrant search for and seize any property used or possessed in violation of this section. Any property seized with or without a search warrant shall be held by such person or by the United States marshal pending disposition thereof by the court.

(d) Any person who violates or fails to comply with the provisions of this section or any regulation issued thereunder shall be fined not more than $500 or be imprisoned not more than six months, or both.

(e) The term "person" as used in this section means any individual, partnership, corporation, or association.

SEC. 11. In planning for the use or development of water and related land resources, a Federal agency shall give consideration to estuarine areas and their value for sport and commercial fishing, wildlife conservation, outdoor recreation, and scenic beauty and all project plan reports submitted to the Congress shall discuss such areas and such values and the effects of the project on the estuarine area and these values and make recommendations thereon. The Secretary of the Interior shall make specific studies and investigations to determine the estuarine areas within the United States with respect to which planning reports shall evaluate water and related land resources involved.

SEC. 12. (a) No person may conduct any dredging, filling, or excavation work within any estuary of the United States or in the Great Lakes and connecting

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waterways unless a permit for such work is issued by the Secretary of the Interior in addition to any other permit that may be required for such work. Nothing in this subsection shall require the owner of a single-family residence to obtain a permit from the Secretary if such work relates solely to the use of such residence by the owner or his tenant.

(b) The Secretary of the Interior shall not issue any permit for dredging, filling, or excavation work in any estuary of the United States or in the Great Lakes and connecting waterways if he determines that such work will reduce the quality of the affected waters below applicable water quality standards, or if he determines that such work will unreasonably impair the natural values of any estuary of the United States or in the Great Lakes and connecting waterways, including, but not limited to, sport and commercial fisheries, wildlife, esthetic, and recreational values, unless the Secretary of the Interior determines that the public interest requires the work to be undertaken. The Secretary of the Interior may include in a permit issued under this section such terms and conditions as he deems appropriate to prevent the pollution of the affected waters and to conserve and protect the natural values of the estuaries of the United States or in the Greal Lakes and connecting waterways.

(c) In carrying out the provisions of this section, the Secretary of the Interior is authorized to conduct directly or by contract such studies and investigations as he deems desirable and to accept and use for this purpose funds made available by an applicant for a permit as well as donated and appropriated funds. (d) The Secretary of the Interior is authorized to prescribe regulations to govern the dumping of dredgings, earth, garbage, or refuse materials of every kind or description other than oil as defined in the Oil Pollution Act, 1924, as amended, in any estuary of the United States or in the Great Lakes and connecting waterways or in waters beyond the territorial sea of the United States in order to conserve and protect the natural values of such waters and to prevent the pollution of such waters.

(e) Any person who knowingly violates any provision of this section or any regulation issued thereunder shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $500 and not more than $2,500, or by imprisonment of not more than one year, or both. If the Secretary believes that any person is violating or is about to violate, with or without knowledge, any provision of this section or any regulation issued thereunder, that such actual or threatened violation presents an imminent danger to natural resources, including, but not limited to, fish and wildlife, or to areas of scenic or recreational value or to persons, and if he believes that no other effective means of protection are available, he may request the Attorney General to seek appropriate relief to abate such actual or threatened violation.

(f) For the purposes of this section, the term "person" means any individual, partnership, corporation, association, municipality, or State.

(g) The provisions of this section shall be effective one hundred and eighty days after the date of enactment.

SEC. 13. For the purposes of this Act:

(a) The term "estuarine areas" means an environmental system consisting of an estuary and those transitional areas which are constantly influenced or affected by water from an estuary such as, but not limited to, salt marshes, coastal and intertidal areas, sounds, embayments, harbors, lagoons, inshore waters, and channels.

(b) The term "estuary" means all or part of the mouth of a navigable or interstate river or stream or other body of water, including, but not limited to, a bay, sound, and channel, having unimpaired natural connection with the open sea and within which the sea water is measurably diluted with fresh water derived from land drainage.

SEC. 14. The Secretary shall encourage States and local subdivisions thereof to consider, in their comprehensive planning and proposals for financial assistance under the Federal Aid in Wildlife Restoration Act (50 Stat. 917), as amended (16 U.S.C. 669 et seq.), the Federal Aid in Fish Restoration Act (64 Stat. 430), as amended (16 U.S.C. 777 et seq.), the Land and Water Conservation Fund Act of 1965 (78 Stat. 897), the Commercial Fisheries Research and Development Act of 1964 (78 Stat. 197), and the needs and opportunities for establishing and administering estuarine areas for the purposes of this Act. In approving grants made pursuant to said laws for the acquisition of such areas by a State, the Secretary shall establish such terms and conditions as he deems

desirable to insure the permanent protection of such areas, including a provision that the lands or interests therein shall not be disposed of by sale, lease, donation, or exchange without the prior approval of the Secretary.

SEC. 15. Nothing in this Act shall restrict or extend such jurisdiction as the States now have with respect to State water laws nor be construed as an express or implied claim or denial on the part of the United States as to exemption from State water laws.

[H.R. 4749, 90th Cong., first sess.].

A BILL To authorize the Secretary of the Interior in cooperation with the States to preserve, protect, develop, restore, and make accessible estuarine areas of the Nation which are valuable for sport and commercial fishing, wildlife conservation, recreation, and scenic beauty, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress finds and declares that the estuarine areas of the United States are rich in a variety of natural, commercial, recreational, and esthetic resources of immediate and potential value to the present and future development of our Nation; that many of these areas have been damaged or destroyed by commercial and urban developments; and that it is the policy of Congress to preserve, protect, develop, and, where possible, restore and make accessible for the benefit of all the people selected parts of the Nation's diminishing estuarine areas which are valuable for sport and commerical fishing, wildlife conservation, outdoor recreation, and scenic beauty.

SEC. 2. (a) In furtherance of this policy, the Secretary, in consultation with the States and other Federal agencies, shall conduct a nationwide study of estuarine areas for the purposes of identifying areas that are (1) relatively unspoiled or undisturbed by the technological advances of man, including, but not limited to, pollutants, or (2) partially spoiled or disturbed by such advances but should be protected from further adverse effects.

(b) The Secretary shall then study such identified areas to determine the estuarine areas that should be preserved or protected, considering, among other things, all the resource and scenic values of those areas, their economic and recreational potential, their ecology, navigation, flood and erosion control, the effects of the exploitation of mineral resources and fossil fuels, the present and future urban and industrial effects on such areas, other uses of estuaries, the most appropriate means or methods of preserving or protecting those areas, and the results of the study authorized by section 5(g) of the Federal Water Pollution Control Act, as amended, relative to the effects of pollution, including sedimentation, in the estuaries on sport and commercial fishing, on wildlife, on recreation, on water supply and waterpower, and on other beneficial uses.

(c) Each study shall give particular attention to whether an area should be acquired or administered by the Secretary because of its national significance, or by a State or local subdivision thereof, and whether the area may be protected adequately through local zoning laws or other methods without Federal land acquisition or Federal administration.

(d) Such studies shall be coordinated with the nationwide outdoor recreation plan formulated or in preparation pursuant to the Act of May 28, 1963 (77 Stat. 49), with any plan prepared and developed or in preparation pursuant to the Water Resources Planning Act (79 Stat. 244), and with statewide plans prepared or in preparation and found adequate pursuant to the Land and Water Conservation Fund Act of 1965.

(e) The Secretary shall submit annually to the Congress through the President the results of any studies conducted pursuant to this section, including recommendations with respect to the designation of estuarine areas of national significance to be acquired by the Secretary as a national estuarine area. Each recommendation of the Secretary for such designation shall become effective only if so provided by subsequent Act of Congress. Recommendations made by the Secretary shall be developed in consultation with the States and other interested Federal agencies. Each such recommendation shall be accompanied by (1) expressions of any views which the States and other Federal agencies may submit within ninety days after having been notified of the proposed recommendation, (2) a statement setting forth the probable effect of the recommended action on any comprehensive river basin plan that may have been adopted by Congress or that is serving as a guide for coordinating Federal programs in the basin wherein each estuarine area is located, (3) in the absence of such a

plan, a statement indicating the problable effect of the recommended action on alternative beneficial users of the resources of such estuarine area, and (4) a discussion of the major economic, social, and ecological trends occurring in each estuarine area.

(f) There is authorized to be appropriated not to exceed $500,000 for the first fiscal year beginning after enactment of this Act and for four succeeding fiscal years not to exceed $1,000,000 annually to carry out the provisions of this section.

SEC. 3. (a) The Secretary may acquire lands and waters or interests therein within any national estuarine area by purchase with appropriated or donated funds, donation, or exchange, except that he shall not acquire with appropriated funds any lands or waters or interests therein owned by a State or by any political subdivision thereof. In the exercise of his exchange authority, the Secretary may accept title to any non-Federal property and in exchange therefor the Secretary may convey to the grantor of such property any federally owned property under his jurisdiction which he classifies as suitable for exchange or other disposal. The values of the properties so exchanged either shall be approximately equal, or if they are not approximately equal the values shall be equalized by the payment of cash to the grantor or to the Secretary as the circumstances require.

(b) Any lands, waters, or interests therein within an estuarine area which are acquired by the Secretary shall be administered, managed, and developed primarily for the purposes of sport and commercial fishing, wildlife conservation, outdoor recreation, and scenic beauty, and for such other purposes as the Seeretary determines are compatible with these purposes.

SEC. 4. (a) The Secretary may enter into an agreement, containing such terms and conditions as he deems desirable, with any State or political subdivision or agency thereof for the permanent management, development, and administration by him for the purpose of this Act of any lands and waters or interests therein which are located within an estuarine area of national significance and which are owned or thereafter acquired by the State or by any political subdivision thereof and such area shall be designated by the Secretary as a national estuarine area. The State or a political subdivision or agency thereof and the Secretary shall share equally in the cost of developing the lands, water, or interests therein covered by the agreement that are to be developed primarily for outdoor recreational uses other than fishing and hunting.

(b) In connection with the administration, development, and protection of any area covered by an agreement entered into pursuant to this section, the Secretary may acquire in accordance with the provisions of this Act not to exceed 1,009 acres of land, waters, or interests therein within or adjacent to such area. SEC. 5. Any Federal land located within a national estuarine area may, with the consent of the head of the agency having jurisdiction thereof, be transferred to the Secretary for administration as part of said area.

SEC. 6. (a) In order to carry out the purposes of this Act, the Secretary shall issue regulations which may be amended from time to time specifying standards for zoning bylaws which must meet his approval. Such standards shall have the object of (1) prohibiting new commercial or industrial uses, other than commercial or industrial uses which the Secretary considers are consistent with the purposes of this Act, of all lands, waters, or interests therein within any national estuarine area, and (2) promoting the protection and development of the area by means of acreage, frontage, and setback requirements.

(b) After issuance of such regulations, the Secretary shall approve any zoning bylaw or any amendment to any approved zoning bylaw submitted to him that conforms to the standards set forth in the regulations issued pursuant to this section and in effect at the time of adoption of the bylaw or amendment. Such approval shall remain effective as long as such bylaw or amendment remains in effect as approved.

(c) No zoning bylaw or amendment thereof shall be approved by the Secre tary which (1) contains any provision that he considers adverse to the protection and development of such area, or (2) fails to have the effect of providing that the Secretary shall receive notice of any variance granted under, or any exception made to, the application of such bylaw or amendment.

(d) The Secretary shall not acquire by purchase any privately owned improved property or interests therein within such area without consent of the

owner as long as the appropriate local zoning agency shall have in force and applicable to such property a duly adopted and valid zoning bylaw that is satisfactory to the Secretary.

(e) If any improved property, with respect to which the Secretary's authority to acquire by condemnation has been suspended according to the provisions of this section, is made the subject of a variance under, or becomes for any reason an exception to, such zoning ordinance, or is subject to any variance, exception, or use that fails to conform to any applicable standard contained in the regulations of the Secretary issued pursuant to this section and in effect at the time of passage of such ordinance, the suspension of the Secretary's authority to acquire such improved property by condemnation shall automatically cease. (f) The Secretary shall furnish to any party in interest upon request a certificate indicating the property with respect to which the Secretary's authority to acquire by condemnation is suspended.

(g) The term "improved property" as used in this Act means (1) any singlefamily residence, the construction of which was initiated before an area is designated as a national estuarine area by the Secretary, and such amount of land, not in excess of three acres, on which, the residence is situated as the Secretary considers reasonably necessary to the use of the residence and (2) any property that is owned and used chiefly for hunting before an area is designated as a national estuarine area and continues in such use, unless the Secretary determines that such use is incompatible with the purpose for which such area was designated. The Secretary may exclude from improved property any beach or waters, together with so much of the land adjoining such beach or waters for public access thereto, as he deems necessary to carry out the purposes of this Act.

SEC. 7. In order to carry out the purposes of this Act, the Secretary may construct, operate, install, and maintain on property acquired by him or covered by an agreement entered into pursuant to section 4 of this Act buildings, devices, recreational facilities, access roads, and such other improvements as he deems desirable, conduct directly or by contract, investigations, studies, and engineering and biological surveys, and enter into agreements with any person or public or private agency or organization through negotiation for the provision of public accommodations.

SEC. 8. The authority of the Chief of Engineers, Department of the Army, to undertake or contribute to, shore erosion control, dredging, filling, or beach protection measures on lands or waters within any national estuarine area shall be exercised in accordance with a plan that is mutually acceptable to the Secretary of the Interior and the Secretary of the Army and that is consistent with the purposes of this Act.

SEC. 9. The Secretary is authorized to issue regulations governing the public use of estuarine areas administered by him.

SEC. 10. (a) The Secretary shall permit by regulation hunting and fishing on land and waters within any national estuarine area in accordance with the appropriate State laws, to the extent applicable, except that the Secretary may designate zones where, and establish periods when, no hunting or fishing shall be permitted for reasons of public safety, administration, fish or wildlife management, or public use and enjoyment. Except in emergencies, any regulations of the Secretary under this section shall be effective only after consultation with the State agency responsible for hunting and fishing activities. Nothing in this Act shall limit or interfere with the authority of the States to permit or regulate shellfishing in any waters within an estuarine area administered by the Secretary. Nothing in this Act shall affect the authority of the Secretary under other provisions of law to regulate migratory birds.

(b) No person shall knowingly violate any regulation of the Secretary relating to the public use of any national estuarine area, or injure, remove, or destroy any property or improvement of the United States therein, unless such activities are permitted by regulations prescribed by him or by express provision of this Act.

(c) Any person authorized by the Secretary to enforce the provisions of this section may, without a warrant, arrest any person violating this section in his presence or view, and may exectue any warrant or other process issued by an officer or court of competent jurisdiction to enforce the provisions of this section, and may with a search warrant search for and seize any property used or possessed in violation of this section. Any property seized with or without a search