189 



At the earliest prcticable 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 appli- 

 cant's certification, the state's concurrence with the certification shall be con- 

 clusively 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 cer- 

 tification 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 ap- 

 plican, finds after providing a reasonable opportunity for detailed comments 

 from the Federal agency involved and from the state, that the activity is con- 

 sistent with the objectives of this chapter or is otherwise necessary in the interest 

 of national security. 



(d) AppUcation of local governments for Feder'al assistance; relationship of 

 activities ivith approved management programs. 



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 ac- 

 tivities to the approved management program for the coastal zone. Such ap- 

 plications shall be submitted and coordinated in accordance with the provisions 

 of title IV of the Intergovernmental Coordination Act of 1968. Federal agencies 

 shall not approve proposed projects that are inconsistent with 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 na- 

 tional 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 or 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 prerog- 

 atives 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. 



(/) Construction with existing requirements of water and air pollution pr.ogram,s. 

 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, or the Clean Air Act, as amended, 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 re- 

 quirements as to shorelands which also would be subject to any Federally sup- 

 ported 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 admin- 

 ister the national land use program, with respect to that portion of the coastal 

 zone management program affecting such inland areas. ( Pub. L. 89-454, title III, 

 § 307, as added Pub. L. 92-583, Oct. 27, 1972, 86 Stat. 1285.) 



References in Text 



The Intergovernmental Coordination Act of 1968, referred to In text, pre- 

 sumably refers to the Intergovernmental Cooperation Act of 1968. Title IV thereof 

 is classified to section 4231 et seq. of Title 42, The Public Health and Welfare. 



