762 



36 



(10) This subsection amends the "Administrative Grants" section 

 (306) by makino; an addition to that portion of the act (306(c) (8)) 

 whicli specifically refers to the sitin^; of facilities and requires State 

 coastal zone manafrement prop^rams, in order to receive such ofrants, to 

 provide for adecjuate consideration of the national interest in the plan- 

 nino; for and sitinc; of facilities necessary to meet requirements other 

 than local in nature. The addition made by S. 586 is a requirement re- 

 latino; to such facilities which are enero;y facilities and provides that 

 the Secretary of Commerce (throug:h NO A A), pursuant to retrulations, 

 shall find that the State has ^ven consideration to any applicable inter- 

 state energ:y plan or program that is promulgated by an interstate 

 agency established pursuant to a new section 309 of the CZM Act which 

 is set forth in S. 586. Energy facilities are only one type of facilities to 

 which 306(c) (8) pertains, but in view of the provisions made in the 

 new section 309, the committee believed it necessary to especially em- 

 phasize the importance of fully considering the plans and programs of 

 interstate agencies as they pertain to enei'gy facility. This does not 

 mean, however, that the regulations of the Secretary may not require 

 consideration of such interstate plans and programs with respect to the 

 siting of other facilities, or their other plans and programs. The re- 

 quirement of such consideration by the existing provisions of section 

 306(c) (8) is that it be "adequate "consideration." Consistent with the 

 intent of the Act, the Committee has not required automatic acceptance 

 by the coastal States of these interstate energy plans and programs, 

 but on the other hand, the requirement that the consideration be ade- 

 quate is not superfluous. 



As the new section 309 is written, it may be that the plans and pro- 

 grams thereunder would not be developed or promulgated by an in- 

 terstate agency, as such. The Committee intends to include all official 

 plans and programs produced pursuant to the authority provided by 

 the new section 309. Also included is consideration of the plans and 

 programs of the temporary ad hoc planning and coordinating en- 

 tities authorized by said section 309. 



(11) This subsection amends section 306 by adding a new subsec- 

 tion (i) which imposes an additional requirement of eligibility for 

 section 306 grants. Namely, that after fiscal year 1978 each coastal 

 zone management program shall include as an integral part, an energy 

 facility planning process, and a general plan for the protection of, 

 and aceess to, public beaches and other coastal areas which process 

 and plan has been developed pursuant to section 305(b) (7) and (8) 

 which are added by S. 586. Such provision is complementary to section 

 305(d) as amended by S. 586, and the discussion of that amendment 

 is applicable here. 



(12) This subsection amends the "Interstate Coordination and Co- 

 operation" section (307) to add to subsection (e) (3) the word 

 "lease" each place the words "license or permit" are used therein. This 

 is an amendment of a technical nature in that the committee intended 

 that the words "license or permit" would include "lease" and believes 

 that, in fact, as used in section 307, they do, but this amendment is 

 to clear up any possible ambiguity. Section 307 is the portion of the 

 Act which has come to be known as the "Federal consistency" sec- 

 tion. It assures that once State coastal zone management programs 

 are approved and a rational management system for protecting, pre- 



