National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-107)

On December 28, 2001, President Bush signed the National Defense Authorization Act for Fiscal Year 2002. A provision of this law overrides state laws that might impede the construction of a toll road through the Camp Pendleton Marine Base in San Clemente, California. According to the House Committee report, the provision in this Act would “limit the effect of state law enacted after January 1, 2002, that would directly or indirectly prohibit or restrict the construction or approval” of this road. The road in question is controversial because it could destroy pristine coastal watershed and critical habitat for many endangered species and is opposed by many California governmental officials, including Attorney General Bill Lockyer.

Since the passage of this law, other efforts have been made to preempt state laws and override federal environmental laws in order to construct this road. One such effort, a provision in the House version of the Defense Authorization Act for FY 2003, is discussed in part IV.B.26.

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The 1999 Defense Authorization Act gave the Navy the authority to “grant an easement, in perpetuity, to the Foothill/Eastern Transportation Corridor Agency … over a parcel of real property at Marine Corps Base, Camp Pendleton, California … to construct, operate, and maintain a restricted access highway.” Pub. L. No. 105-261 (1998).

House Committee on Armed Services, National Defense Authorization Act for Fiscal Year 2002, 104th Cong. (Sept. 4, 2001) (H. Rept. 107-194).

See, e.g., State Beach in Path of Route for Toll Road, San Diego Union-Tribune (Dec. 7, 2005); Groups Uniting to Battle O.C. Toll Road Plans, Los Angeles Times (Sept. 20, 2004).