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An Ocean Blueprint for the 21st Century - California Ocean ...

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Outer Continental Shelf Lands ActThe Outer Continental Shelf Lands Act of 1953(OCSLA; Pub. L. 83–212; 43 U.S.C. §§ 1331 et seq.)asserted United States jurisdiction over and ownershipof <strong>the</strong> mineral resources of <strong>the</strong> continental shelfseaward of state boundaries (generally three milesoffshore). The OCSLA authorizes <strong>the</strong> Secretary of <strong>the</strong>Interior to lease offshore tracts through competitivebidding, collect royalties on production of oil andnatural gas, cancel leases if continued activity islikely to cause serious harm to life, including fishand o<strong>the</strong>r aquatic life, and consider economic, social,and environmental values of renewable and nonrenewableresources in managing <strong>the</strong> outer ContinentalShelf (OCS). In 1978, Congress significantly revised<strong>the</strong> OCSLA with <strong>the</strong> Outer Continental Shelf LandsAct Amendments, requiring <strong>the</strong> Secretary of <strong>the</strong>Interior to balance energy needs with <strong>the</strong> protectionof human, marine, and coastal environments, providegreater opportunities <strong>for</strong> coastal states and competinguser concerns to be taken into account, and tointegrate improved environmental procedures into<strong>the</strong> OCS process.Rivers and Harbors Act Section 10Section 10 of <strong>the</strong> Rivers and Harbors Act of 1899 (30Stat. 1151; 33 U.S.C. §§ 403 et seq.) prohibits <strong>the</strong>unauthorized obstruction of navigable waters of <strong>the</strong>United States or on <strong>the</strong> outer Continental Shelf(OCS). Construction of any structure or excavationor fill in U.S. navigable waters, including <strong>the</strong> OCS, isprohibited without a permit from USACE. Courtshave also interpreted such obstructions to includepollution if it destroys <strong>the</strong> navigable capacity of anavigable waterway.Submerged Lands ActCongress enacted <strong>the</strong> Submerged Lands Act of 1953(SLA; Pub. L. 83–31; 43 U.S.C. §§ 1301 et seq.) togrant to <strong>the</strong> U.S. coastal states title to <strong>the</strong> naturalresources located within three nautical miles of <strong>the</strong>ircoastlines (nine nautical miles <strong>for</strong> Texas and <strong>the</strong> GulfCoast of Florida). For purposes of <strong>the</strong> SLA, <strong>the</strong> term“natural resources” comprise oil, gas, and all o<strong>the</strong>rminerals, and all fish and o<strong>the</strong>r marine animal andplant life. The SLA also preserves <strong>the</strong> control of <strong>the</strong>seabed and its resources beyond state boundaries <strong>for</strong><strong>the</strong> federal government.Sustainable Fisheries ActSee: Magnuson-Stevens Fishery Conservation andManagement Act.Water Resources Development ActCongress enacts a Water Resources Development Act(most recent WRDA at Pub. L. 108–137; 33 U.S.C.§§ 2201 et seq.) approximately every two years.WRDAs authorize USACE to study or implementindividual projects around <strong>the</strong> nation, including navigationimprovements, flood and shoreline erosioncontrol, hurricane and storm damage reduction,emergency stream bank and shoreline stabilization,recreation, and more. WRDAs also contain provisionsof general applicability to USACE activities,such as directives that establish environmental protectionand no-net-loss of wetlands as USACE goals,and also authorize funding <strong>for</strong> technical assistanceand studies <strong>for</strong> state, local, and tribal governments.D 14A N O CEAN B LUEPRINT FOR THE 21ST C ENTURY

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