211 



security, xill reasonable efforts should be made by the Secretary to 

 reconcile national security needs and the State management program 

 in the case of such conflicts. 



Paragraph (3) of subsection (b) provides that after final approval 

 by the Secretary of a State's management program, any applicant for 

 a Federal license or permit to conduct any new activity in the coastal 

 zone shall provide in the license or permit application a certifi.cation 

 that the proposed activities comply with the State's approved man- 

 agement program. Additionally, the applicant must give reasonable 

 assurance that the activity will be conducted in a manner consistent 

 with that program. The State is to establish procedures for public 

 notice of such applications for certification. The State also must pro- 

 vide public hearings when appropriate. If a State agency fails to 

 grant or deny a request for certification within 6 months from the 

 time that recjuest is received, the certification requirements shall be 

 waived. No license or permit shall be granted until either the certifi- 

 cation has been obtained or waived, or the activity has been found by 

 the Secretary to be consistent with the objectives of the legislation or 

 necessary in the interest of national security. Such a finding cannot be 

 made, however, unless the Secretary has received detailed comments 

 from Federal and State agencies and the State has provided an oppor- 

 tunity for a ))ublic hearing. Thus, paragraph (3) of section (b) as- 

 sures that before a Federal license or permit is issued to conduct any 

 new activity in the coastal zone, directly, significantly and adversely 

 affecting the coastal waters, it will be reviewed by an appropriate 

 State agency and a certification of compliance supplied. This is done 

 as both an aid to Federal licensing and permitting agencies and to 

 insure the development projects are consistent with the coastal State's 

 management program. Emphasis is placed upon "new" activity. This 

 activity is after the date of enactment of the legislation. It will thus 

 be appropriate to distinguish between new activities, such as the build- 

 ing of a new marina, or the dredging of a new channel, as opposed to 

 the maintenance of existing facilities or activities beg-un prior to the 

 enactment of the bill. 



Section 314(c) provides that State and local governments submit- 

 ting applications for Federal assistance under other Federal programs 

 affecting the coastal zone are required under this subsection to indi- 

 cate the views of the appropriate coastal State or local agency as to the 

 relationship of such activities to the State's approved management 

 program. Federal agencies shall not approve proposed projects that 

 are inconsistent with the management program, unless the Secretary 

 finds that the project is consistent with the purposes of the title or 

 necessary in the interest of national security. Those who seek Federal 

 licenses or permits must receive certification that the proposed project 

 is consistent with the State's approved management program. The 

 same conditions exist for State and local governments seeking Federal 

 assistance from other sources. They must indicate also the consistency 

 of their proposed project with the approved State program. 



Section 314(d) is a standard clause disclaiming intent to diminish 

 Federal or State authority in the fields affected by the act ; to change 

 interstate agreements; to affect the authority of Federal officials; to 

 affect existing laws applicable to Federal agencies; or to affect certain 

 named international orgranizations. 



