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U.S. Code as of:
01/19/04
Section 1456. Coordination and cooperation
(a) Federal agencies
In carrying out his functions and responsibilities under this
chapter, the Secretary shall consult with, cooperate with, and, to
the maximum extent practicable, coordinate his activities with
other interested Federal agencies.
(b) Adequate consideration of views of Federal agencies
The Secretary shall not approve the management program submitted
by a state pursuant to section 1455 of this title unless the views
of Federal agencies principally affected by such program have been
adequately considered.
(c) Consistency of Federal activities with State management
programs; Presidential exemption; certification
(1)(A) Each Federal agency activity within or outside the coastal
zone that affects any land or water use or natural resource of the
coastal zone shall be carried out in a manner which is consistent
to the maximum extent practicable with the enforceable policies of
approved State management programs. A Federal agency activity shall
be subject to this paragraph unless it is subject to paragraph (2)
or (3).
(B) After any final judgment, decree, or order of any Federal
court that is appealable under section 1291 or 1292 of title 28, or
under any other applicable provision of Federal law, that a
specific Federal agency activity is not in compliance with
subparagraph (A), and certification by the Secretary that mediation
under subsection (h) of this section is not likely to result in
such compliance, the President may, upon written request from the
Secretary, exempt from compliance those elements of the Federal
agency activity that are found by the Federal court to be
inconsistent with an approved State program, if the President
determines that the activity is in the paramount interest of the
United States. No such exemption shall be granted on the basis of a
lack of appropriations unless the President has specifically
requested such appropriations as part of the budgetary process, and
the Congress has failed to make available the requested
appropriations.
(C) Each Federal agency carrying out an activity subject to
paragraph (1) shall provide a consistency determination to the
relevant State agency designated under section 1455(d)(6) of this
title at the earliest practicable time, but in no case later than
90 days before final approval of the Federal activity unless both
the Federal agency and the State agency agree to a different
schedule.
(2) Any Federal agency which shall undertake any development
project in the coastal zone of a state shall insure that the
project is, to the maximum extent practicable, consistent with the
enforceable policies of approved state management programs.
(3)(A) After final approval by the Secretary of a state's
management program, any applicant for a required Federal license or
permit to conduct an activity, in or outside of the coastal zone,
affecting any land or water use or natural resource of the coastal
zone of that state shall provide in the application to the
licensing or permitting agency a certification that the proposed
activity complies with the enforceable policies of the state's
approved program and that such activity will be conducted in a
manner consistent with the program. At the same time, the applicant
shall furnish to the state or its designated agency a copy of the
certification, with all necessary information and data. Each
coastal state shall establish procedures for public notice in the
case of all such certifications and, to the extent it deems
appropriate, procedures for public hearings in connection
therewith. At the earliest practicable time, the state or its
designated agency shall notify the Federal agency concerned that
the state concurs with or objects to the applicant's certification.
If the state or its designated agency fails to furnish the required
notification within six months after receipt of its copy of the
applicant's certification, the state's concurrence with the
certification shall be conclusively presumed. No license or permit
shall be granted by the Federal agency until the state or its
designated agency has concurred with the applicant's certification
or until, by the state's failure to act, the concurrence is
conclusively presumed, unless the Secretary, on his own initiative
or upon appeal by the applicant, finds after providing a reasonable
opportunity for detailed comments from the Federal agency involved
and from the state, that the activity is consistent with the
objectives of this chapter or is otherwise necessary in the
interest of national security.
(B) After the management program of any coastal state has been
approved by the Secretary under section 1455 of this title, any
person who submits to the Secretary of the Interior any plan for
the exploration or development of, or production from, any area
which has been leased under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.) and regulations under such Act shall, with
respect to any exploration, development, or production described in
such plan and affecting any land or water use or natural resource
of the coastal zone of such state, attach to such plan a
certification that each activity which is described in detail in
such plan complies with the enforceable policies of such state's
approved management program and will be carried out in a manner
consistent with such program. No Federal official or agency shall
grant such person any license or permit for any activity described
in detail in such plan until such state or its designated agency
receives a copy of such certification and plan, together with any
other necessary data and information, and until -
(i) such state or its designated agency, in accordance with the
procedures required to be established by such state pursuant to
subparagraph (A), concurs with such person's certification and
notifies the Secretary and the Secretary of the Interior of such
concurrence;
(ii) concurrence by such state with such certification is
conclusively presumed as provided for in subparagraph (A), except
if such state fails to concur with or object to such
certification within three months after receipt of its copy of
such certification and supporting information, such state shall
provide the Secretary, the appropriate federal agency, and such
person with a written statement describing the status of review
and the basis for further delay in issuing a final decision, and
if such statement is not so provided, concurrence by such state
with such certification shall be conclusively presumed; or
(iii) the Secretary finds, pursuant to subparagraph (A), that
each activity which is described in detail in such plan is
consistent with the objectives of this chapter or is otherwise
necessary in the interest of national security.
If a state concurs or is conclusively presumed to concur, or if the
Secretary makes such a finding, the provisions of subparagraph (A)
are not applicable with respect to such person, such state, and any
Federal license or permit which is required to conduct any activity
affecting land uses or water uses in the coastal zone of such state
which is described in detail in the plan to which such concurrence
or finding applies. If such state objects to such certification and
if the Secretary fails to make a finding under clause (iii) with
respect to such certification, or if such person fails
substantially to comply with such plan as submitted, such person
shall submit an amendment to such plan, or a new plan, to the
Secretary of the Interior. With respect to any amendment or new
plan submitted to the Secretary of the Interior pursuant to the
preceding sentence, the applicable time period for purposes of
concurrence by conclusive presumption under subparagraph (A) is 3
months.
(d) Application of local governments for Federal assistance;
relationship of activities with approved management programs
State and local governments submitting applications for Federal
assistance under other Federal programs, in or outside of the
coastal zone, affecting any land or water use of natural resource
of the coastal zone shall indicate the views of the appropriate
state or local agency as to the relationship of such activities to
the approved management program for the coastal zone. Such
applications shall be submitted and coordinated in accordance with
the provisions of section 6506 of title 31. Federal agencies shall
not approve proposed projects that are inconsistent with the
enforceable policies of a coastal state's management program,
except upon a finding by the Secretary that such project is
consistent with the purposes of this chapter or necessary in the
interest of national security.
(e) Construction with other laws
Nothing in this chapter shall be construed -
(1) to diminish either Federal or state jurisdiction,
responsibility, or rights in the field of planning, development,
or control of water resources, submerged lands, or navigable
waters; nor to displace, supersede, limit, or modify any
interstate compact or the jurisdiction or responsibility of any
legally established joint or common agency of two or more states
or of two or more states and the Federal Government; nor to limit
the authority of Congress to authorize and fund projects;
(2) as superseding, modifying, or repealing existing laws
applicable to the various Federal agencies; nor to affect the
jurisdiction, powers, or prerogatives of the International Joint
Commission, United States and Canada, the Permanent Engineering
Board, and the United States operating entity or entities
established pursuant to the Columbia River Basin Treaty, signed
at Washington, January 17, 1961, or the International Boundary
and Water Commission, United States and Mexico.
(f) Construction with existing requirements of water and air
pollution programs
Notwithstanding any other provision of this chapter, nothing in
this chapter shall in any way affect any requirement (1)
established by the Federal Water Pollution Control Act, as amended
[33 U.S.C. 1251 et seq.], or the Clean Air Act, as amended [42
U.S.C. 7401 et seq.], or (2) established by the Federal Government
or by any state or local government pursuant to such Acts. Such
requirements shall be incorporated in any program developed
pursuant to this chapter and shall be the water pollution control
and air pollution control requirements applicable to such program.
(g) Concurrence with programs which affect inland areas
When any state's coastal zone management program, submitted for
approval or proposed for modification pursuant to section 1455 of
this title, includes requirements as to shorelands which also would
be subject to any Federally supported national land use program
which may be hereafter enacted, the Secretary, prior to approving
such program, shall obtain the concurrence of the Secretary of the
Interior, or such other Federal official as may be designated to
administer the national land use program, with respect to that
portion of the coastal zone management program affecting such
inland areas.
(h) Mediation of disagreements
In case of serious disagreement between any Federal agency and a
coastal state -
(1) in the development or the initial implementation of a
management program under section 1454 of this title; or
(2) in the administration of a management program approved
under section 1455 of this title;
the Secretary, with the cooperation of the Executive Office of the
President, shall seek to mediate the differences involved in such
disagreement. The process of such mediation shall, with respect to
any disagreement described in paragraph (2), include public
hearings which shall be conducted in the local area concerned.
(i) Application fee for appeals
(1) With respect to appeals under subsections (c)(3) and (d) of
this section which are submitted after November 5, 1990, the
Secretary shall collect an application fee of not less than $200
for minor appeals and not less than $500 for major appeals, unless
the Secretary, upon consideration of an applicant's request for a
fee waiver, determines that the applicant is unable to pay the fee.
(2)(A) The Secretary shall collect such other fees as are
necessary to recover the full costs of administering and processing
such appeals under subsection (c) of this section.
(B) If the Secretary waives the application fee under paragraph
(1) for an applicant, the Secretary shall waive all other fees
under this subsection for the applicant.
(3) Fees collected under this subsection shall be deposited into
the Coastal Zone Management Fund established under section 1456a of
this title.
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