587 



July 26, 1976 



Pub. Law 94-370 



plan a certification that each activity which is described in detail in 



such plan complies with 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 con- 

 clusively presumed, as provided for in subparagraph (A) ; 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 title 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 find- 

 ing 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 subpara- 

 graph (A) is 3 months."; and 



(4) by adding at the end thereof the following new subsec- 

 tion: 



"(h) 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 305 ; or 



(2) in the administration of a management program approved 

 under section 306 ; 

 the Secretary, with the cooperation of the Executive Office of the Presi- 

 dent, shall seek to mediate the differences involved in such disagree- 

 ment. 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.". 



SEC. 7. COASTAL ENERGY IMPACT PROGRAM. 



The Coastal Zone Management Act of 1972 is further amended by 

 redesignating sections 308 through 315 as sections 311 through 318, 

 respectively; and by inserting immediately after section 307 the 

 following : 



"coastal energy impact program 



"Sec. 308. (a)(1) The Secretary shall administer and coordinate, 

 as part of the coastal zone management activities of the Federal Gov- 

 ernment provided for under this title, a coastal energy impact 

 program. Such program shall consist of the provision of financial 



Ante , p. 1015. 

 Ante, p. 1017. 



16 use 1457- 

 1464. 



16 use 1456a. 



90 STAT, 1019 



