APPENDIX C 



Consistency Requirements of the Federal Coastal Zone Management Act of 

 1972. Source: Federal Coastal Zone Management Act of 1972, Section 

 307. As amended 1976. 



COORDINATION AND COOPERATION 



SEC. 307. (a) In carrying out his functions and respon- 

 sibilities under this title, the Secretary shall consult with, 

 cooperate with, and, to the maximum extent practicable, 

 coordinate his activities with other interested Federal 

 agencies. 



(b) The Secretary shall not approve the management 

 program submitted by a state pursuant to section 306 un- 

 less the views of Federal agencies principally affected by 

 such program have been adequately considered. 



(c)(1) Each Federal agency conducting or supporting 

 activities directly affecting the coastal zone shall cohduct 

 or support those activities in a manner which is, to the 

 maximum extent practicable, consistent with approved 

 state management programs. 



(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 prac- 

 ticable, consistent with 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 affecting 

 land or water uses in 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 state's approved program and that such activitv 

 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 certifica- 

 tion, with all necessary information and data Each 

 coastal stale 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 lime, the 

 stale 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 cer- 

 tification, 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 Ihe applicant's 

 certification or until, by the state's failure to act, the con- 

 currence is conclusively presumed, unless the Secretary, 

 on his own initiative or upon appeal by the applicant, 

 finds, after providing a reasonable opportunity for detail- 

 ed comments from the Federal agency involved and from 

 the stale, that the activity is consistent with the objectives 

 of this title 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 

 306, 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 ui 

 der 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 use or water 

 use in the coastal zone of such state, attach to such plan a 

 certification th-at each activity which is described in detail 

 in such plan complies with such state's approved manage- 

 ment program and will be earned out in a manner consis- 

 tent with such program. No Federal official or agency 

 shall grant such person any license or permit for any ac- 

 tivity 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 in- 

 formation, and until — 



(I) such slate 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); or 



(ill) 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 title or is 

 otherwise necessary in the interest of national security. 

 if a state concurs or is conclusively presumed to con- 

 cur, 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 activi- 

 ty 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 (in) with respect to such certifica- 

 tion, 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 un- 

 der subparagraph (A) is 3 months. 



(d) State and local governments submitting 

 applications for Federal assistance under other Federal 

 programs affecting the coastal zone shall indicate the 

 views of the appropriate state or local agency as to the 

 relationship of such activities to the approved manage- 

 ment program for the coastal zone. Such applications 

 shall be submitted and coordinated in accordance with 

 the provisions of title IV of the Intergovernmental Coor- 

 dination Act of l%8 (82 Stat. 1098). Federal agencies 

 shall not approve proposed projects that are inconsistent 



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