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Marine Protection, Research, and Sanctuaries Appropriations Bill Statement on Sinning S. 1140 Into Law.

August 29, 1980

I have today signed into law S. 1140, a bill authorizing 1981 appropriations of $2,250,000 to the Department of Commerce to carry out title III of the Marine Protection, Research, and Sanctuaries Act of 1972. Title III of that act authorizes the Secretary of Commerce, upon obtaining the President's approval, to designate marine sanctuaries for preservation or restoration of ocean, coastal, and Great Lakes waters that have conservation, recreational, ecological, or esthetic value.

In approving this legislation, I reaffirm my commitment to environmental protection and, in particular, to the protection of the ocean and the living marine resources in those areas deserving special status as protected marine sanctuaries.

Nevertheless, I am signing S. 1140 reluctantly, as I have serious reservations about the constitutionality of its legislative veto provision. Section 2, which purports to confer authority on Congress to disapprove—by concurrent resolutions not to be presented to the President-certain designations of marine sanctuaries, violates the presentation clauses of the Constitution, Art. I, Section 7, cls. 2 and 3, and violates the separation of powers doctrine by interfering with the discretion of the executive branch in the administration of an ongoing program. Pursuant to my message to Congress dated July 21, 1978, I will treat the legislative veto provision as a "report-and-wait" provision. If Congress adopts a resolution under its authority, the resolution will be given serious consideration but, under my reading of the Constitution, will not be considered binding.

Note: As enacted, S. 1140 is Public Law 96-332, approved August 29.

Jimmy Carter, Marine Protection, Research, and Sanctuaries Appropriations Bill Statement on Sinning S. 1140 Into Law. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/252037

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