872 



a public beach and public coastal area access planning process, an energy facility 

 planning process, and a shoreline erosion planning process for its state manage- 

 ment program, pursuant to regulations adopted by the Secretary to implement 

 subsections (b)(7), (b)(8), and (b) (9) of this section." 



(8) Section 305 of such Act (16 U.S.C. 1454 et seq.) is amended— 



(A) by striking out the period of the end of subsection (e) thereof and in- 

 serting in lieu thereof the following " : And provided further, That the Secretary 

 may waive the application of the 10 per centum maximum i-equirement as to any 

 grant under this section when the coastal state is implementing a management 

 program pursuant to subsection (h) of this section." 



(B) by redesignating subsection (h) thereof as subsection (i), and by insert- 

 ing immediately after subsection (g) the following : 



"(h) (1) The Secretary may make annual grants under this subsection to any 

 coastal state for not more than 80 per centum of the cost of implementing the 

 state's management program, if he preliminarily approves such program in ac- 

 cordance with paragraph (2) of this subsection. The limitation on the number of 

 annual development grants pursuant to subsection (c) of this section is not 

 applicable to this subsection. States shall remain eligible for implementation 

 grants pursuant to this subsection until September 30, 1979. 



"(2) Before granting preliminary approval of a management program sub- 

 mitted by a coastal state pursuant to this subsection, the Secretary shall find that 

 the coastal state has — 



"(A) developed a management program which is in compliance with the rules 

 and regulations promulgated pursuant to this section but is not yet wholly in 

 compliance with the requirements of section 306 of this title, 



"(B) in consultation with the Secretary, .specifically identified the deficiencies 

 in the program which would render the state ineligible for the Secretary's 

 approval pursuant to section 306 of this title, and deficiencies such as the lack 

 of an adequate organizational network or the lack of sufficient state authority to 

 administer effectively the state's program have been set forth with particularity. 



"(C) has established a reasonable time schedule during which it can remedy 

 the deficiencies identified under subparagraph (B) of this subsection ; and 



"(D) has specifically identified the types of program management activities 

 that it seeks to fund pursuant to this subsection. 



"(3) The Secretary shall determine allowable costs under this subsection and 

 shall publish necessary and reasonable rules and regulations in this regard. 



"(4) Any state program funded under the provisions of this subsection shall 

 not be considered an approved program for the purposes of section 307 of this 

 title." 



(9) Section 305 (i) of such Act (as redesignated by paragraph (8) (B) of this 

 section) is amended by deleting "June 30, 1977" and inserting in lieu thereof 

 "September 30, 1979." 



(10) Section 306(a) of such Act (16 U.S.C. 1455(a)) is amended by deleting 

 "66%" and inserting in lieu thereof "80" ; and by deleting the last sentence 

 thereof. 



(11) Section 306(c)(2)(B) of seuch Act (16 U.S.C. 1455(c)(2)(B)) is 

 amended by adding at the end thereof the following flush sentences : 



"No mechanism referred to in this paragraph for continuing consultation and 

 coordination shall be found by the Secretary to be effective unless such mech- 

 anism includes, in addition to such other provisions as may be appropriate, 

 provisions under which : 



"(i) the management agency designated pursuant to paragraph (5) of this 

 .subsection is required, before implementing any decision whidi would supersede 

 local zoning ordinances, made by it to carry out the management program, to 

 send notice of such decision to any local government which has zoning jurisdic- 

 tion within the area to which such decision may apply ; 



"(ii) any such local government may, within thirty days after the d'ate on 

 which such notice is received, request the management agency to hold a public 

 hearing regarding such decisions ; 



"(iii) the management agency, upon receiving a request for a public hearing 

 as provided for in clause (ii), is required to hold sucli public hearing not sooner 

 than ninety davs after the date on which notice of the decision is received by. 

 the local government ; and 



"(iv) if a public hearing on any such decision is timely requested by anv loral 

 government, the management agency may not implement the decision until after 

 the public hearing is concluded. 



