758 



32 



The reirulations of tlie Secretary of Commerce (throutrh NOAA) 

 should also set criteria and guidelines for determining whether a fa- 

 cility is "directly used," as that term is used in subsection (j)(l), 

 and "used primarily" and "directly involved," as those terms are 

 used in subsection (j)(2). In this i-egard. it is the intent of the 

 Committee that in (j) (1) the facilities included will be those actually 

 engaged in the activities described. In the event any such facilities 

 are only partially actually engaged in the described activity, only 

 that portion of their use (or approximation thereof) which relates 

 to that activity will be considered in making grants and loans under 

 the new section 308 of the Coastal Zone Management Act as added by 

 S. 586. In the case of planning and management for such facilities as 

 in section 305(b) of the Coastal Zone Management Act, as amended by 

 S. 586, the entire facility would be included for the primary reason, as 

 previously mentioned, that the Coastal Zone Management Act already 

 includes most of such facilities. If there is any doubt, however, the 

 fact that part of the activity of the facility falls within the definition 

 of energy facility in this bill should be regarded as sufficient, in itself, 

 to bring that facility under the Stat^ program. 



As to (j)(2), the term "used primarily" is intended to mean the 

 main purpose of the facility oj- the majority use thereof. The term 

 "directly involved in" is intended to mean "actually used in." 



The definition of "energy facility" further enumerates certain spe- 

 cific activities intended to be covered. The majority of those listed 

 are those which are of the type desci-ibed in (j)(l). The list is not 

 exclusive, and it is additionally jjrovided that the Secretary may 

 designate other facilities. The operative provisions of the Act using 

 the term "energy facilities" jM'ovide additional guidance as to the 

 facilities included. 



Subsection (4) also adds: 



A new subsection 304 (k) which defines "person," and 

 A new subsection 304(1) which defi)ies "public -facilities and serv- 

 ices," including examples. This definition is made necessai'v by sec- 

 tion 308 of the CZM Act as amended by S. 586. 



Additional activities financed bv State and local <rovernments will 

 likely be found which are in addition to tliose listed. State and local 

 environmental facilities and services diT'ectly attending to the en- 

 vironmcMital ronsequences of enercy facilities constitute another' ac- 

 tivity whicli would be included within the tei'm "public facilihes and 

 public services." The Secretary of Commerce (through NOAA) 

 should y"»romulgate regulations which i-ecognize. oi- provide foi- recog- 

 nition of. such additional activities. 



(5) This subsection amends the "^fanagement Program Develop- 

 ment Grants" section (30,5) by adding to section 305(b) two new 

 specifically enumerated requirements for the coastal zone management 

 program which a Stati^ is to develop and maintain under the CZ^f 

 Act: fii'st. in a new ]xiragraph (7). the pi-ogram is to include a gen- 

 eral plan for the pi'otection of. and access to. public beaches and other 

 coastal areas of environmental, recreational and historical, esthetic, 

 ecological, and cultui-al value. The State plan is to define what it con- 

 siders a beacli foi' tlie purpose of this requirement. Although not 

 stated, the Committee intends that the State also define what is a 



