The presence of an estuanne sanctuary near producing lease tracts 

 should be significant, both as a data source and as an environmentally 

 sensitive area to be given special &tteftti-0ft-i-ft-1fi»pd€t-a&s€ssnient. 



Marine sanctuaries could serve similar useful ends and would influence 

 selection of right-of-way routes to and from producing lease tracts. Neithe 

 sanctuary area would be eligible for leasing or OCS-related develop-' 

 ment [145]. 



The Coastal Zone 



The Coastal Zone Management Act of 1972, as amended in 1976, gives a 

 coastal state with a federally approved Coastal Zone Management Program 

 substantial influence over coastal development sponsored by the Federal 

 government or under Federal permits or license. 



States are allowed to establish a procedure to certify whether 

 proposed permits or activities are "consistent" with their approved state 

 programs. If the state objects to the permit or activity, the Secretary 

 of Commerce must review the objection [146]. 



The 1976 Amendments to the Act specifically include energy related 

 development on the Outer Continental Shelf under the "consistency" 

 umbrella (see Appendix C). All Federal agency development activities 

 within a state's approved coastal zone must be referred to the state for 

 consistency review. Other Federal activities, including activities on 

 excluded Federal lands, must be reviewed by the agency proposing the 

 activity which makes its own determination of whether the activity will 

 directly affect the coastal zone [147]. Federal permit or license programs 

 in or directly affecting a state's coastal zone are subject to a different 

 procedure. A state, as a part of its approved Coastal Zone Management 

 Program, lists Federal license and permit activities it wishes to monitor 

 for consistency [148]. It may specify geographic areas outside its coastal 

 zone as well if activities located in these areas are likely to significant- 

 ly affect the coastal zone. A state with an approved Program may also 

 monitor unlisted activities through the A-95 or other cooperative review 

 procedures. It may notify an agency of its intent to proceed with a 

 consistency review within 45 days of the time it receives notice of the 

 Federal activity in or significantly affecting its coastal zone [149]. 



The effect of consistency review on advisory roles for agencies such 

 as the FWS is not clear. In some cases, regional offices have requested 

 clarification from states. It is important to note that the right to 

 advise and comment in consistency review is a state ri^ht and delegation 

 of other aspects of a State Coastal Zone Management Program may not 

 result in delegation of consistency review [150]. 



As discussed in Section 3.3.2, the timing for implementation of these 

 provisions is uncertain because of the requirement that a S tate Pr ogram 



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