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program places basic responsibility with the state level of government. 

 To preclude a state coastal zone agency from arbitrarily overturning 

 local government land or water use decisions, the Committee has pro- 

 vided for a public hearing process to be made available to local 

 governments. 



The specific provision is that a state coastal zone management 

 agency must notify an alfected local unit of government (defined for 

 this purpose as a unit with land or water use control powers) of any 

 decision it makes. The local unit may call for a public hearing to be 

 held on the decision, which the state is then obliged to conduct. Also, 

 no decision is to be implemented until the hearing is held. 



The intent here is to provide a balance between state and local pre- 

 rogatives in the sensitive area of land and water use decisions. On the 

 one hand the Act gives the state level of government the lead, working 

 closely with the local governments in the coastal zone. This new provi- 

 sion allows local units a chance to have a public airing of any partic- 

 ular state decisions which impact its development pattern or other 

 operations. 



It is not the intent of the Committee that this provision is to be used 

 capriciously in order to stymie a state coastal zone program. On seeing 

 evidence that such is the case, the Committee will clearly want to re- 

 consider this subsection or to build in restraints on the use of the pub- 

 lic hearing provision. 



What the Committee feels is essential is for state and local units of 

 government to work together and to deal jointly with federal agencies 

 involved so that the public interest is served by a united, coordinated 

 governmental approach to the pressing problems of the coastal areas 

 of this country. 



e. The Committee has made an addition to section 307, the "federal 

 consistency'' provision, with the intent of clarifying the original in- 

 tent of the Act. In view of the great concern in the states lacking ex- 

 perience with the offshore petroleum industry and which are now 

 faced with same in various parts of the country, the Committee felt it 

 desirable to clarify the coverage of this section to specifically include 

 Outer Continental Shelf leasing. 



This clarification is accomplished by the addition of the word "lease" 

 to section 307(c) (3) making it read as follows: "After final approval 

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

 a required Federal license, lease or permit. * * *" The section goes on 

 to require that the applicant certify that the activity complies with 

 the state's approved management program. 



By so doing the Committee wants to assure coastal states in frontier 

 areas that the OCS leasing process is indeed a federal action that un- 

 doubtedly has the potential for affecting a state's coastal zone and, 

 hence, must conform with approved state coastal management 

 programs. 



f. The Committee has made two alterations to the newly designated 

 section 315 (former 312). 



First, the title and coverage of the section is enlarged to become 

 "Estuarine Sanctuaries and Beach Access," the latter provisions being 

 new. The new subsection (b) authorizes the Secretary to make grants 

 up to 50 percent to acquire access to such public areas in the coastal 



