1025 



3. Increases from 66% percent to 80 percent Federal funding level for grants 

 made pursuant to Sections 305 and 306. . ,, c. 4. *. i ^ oa«/ 



4 Adds a new subsection to Section 305 allowing the Secretary to make 80% 

 srants to coastal states to allow completion of and initial implementation ot state 

 management programs. States must identify remaining deficiencies and establisli 

 a reasonable time scliedule for their remedy. 



5 Amends Section 306 to require coastal zone management agency to notify 

 a local government of any decision in conflict with local zoning actions, allows 

 a local government 30-dav comment period, and requires that no action may be 

 taken during this period to conflict or interfere with a management program 



decision. ., , . i 



6 Amends Section 307 to require that any OCS activity described m an explora- 

 tion, development, or production plan be certified by the person submitting the 

 plan to the Secretary of the Interior that it is consistent with the approved state 

 management program. The state must concur with such certification prior to any 

 approval action by the Department of the Interior. 



7. Adds a new subsection to Section 307 requiring public hearings to be held 

 in the affected state or locality when serious disagreement arises between a Fed- 

 eral agency and a state witli respect to the administration of a state's program. 



C. Interstate Coordination Grants. 



New Section 309 allows Secretary to make grants to states to coordinate, study 

 plan and implement unified CZM programs. Grants may also be made to states 

 to create and maintain interstate entities of coordinate CZM programs, (appro- 

 priates authorization — $5M annually fiscal year 77-80) (90% Federal) 



D. Research and Technical Assistance. 



New Section 310 allows Secretary to conduct a program of research, study, and 

 training to support state management programs. Secretary may make grants to 

 states to carry out research, studies, and training required to support their pro- 

 grams, (appropriations autliorization — $10M annually — fiscal year 77-80) (80% 

 Federal ) . 



E. Acquisition of Access to Public Beaches and other Public Coastal Areas. 

 Section 315(1) allows Secretary to make grants to coastal states to acquire, 



develop and operate estuarine sanctuaries (appropriations authorization $6]M 

 annually fiscal year 77-80 (50% Federal) . 



New Section 315(2) allows Secretary to make grants to states to acquire lands 

 for access to public coastal areas and for preservation of islands, (appropriations 

 and authorization — $25M annually fiscal year 77-80) (50 percent Federal). 



F. Shellfish Industry Review. 



Requires Secretary to understake a comprehensive review of all aspects of the 

 shellfi.sh industry and related regulations and standards and submit a report to 

 Congress l)y April 30, 1977. HEW may not promulgate final shellfish regulations 

 before June 30, 1977. 60 days prior to this date HEW in consultation with the 

 Secretary must issue an assessment of the economic impact of and a cost-benefit 

 analy.sis of the regulations. 



G. Other Appropriations Authorizations. 

 Section 305— $20M annually FY 77-79. 

 Section 306— $50M annually FY 77-80. 

 Administrative Expenses — $5M annually fiscal year 77-80. 



Mr. JoHXSTOx. "Wliat is tlie meanino- of the word "unavoidable" as 

 used in section ,308 (b) (4) (G) ^ 



Mr. Holdings. The term "iniavoidable" in the context of the loss of 

 any valuable environmental or recreational resouiTe resultin;2: from 

 coastal eneroy activty, refers to the losses generally attributable to or 

 caused by "coastal enero^y activity.'" These losses would include cases 

 where the loss could not be legally attributal)le to one or more persons — 

 as defined in the act. It also covers the situation where the person or 

 persons who cause the loss can be identified, but there cannot be any 

 legal i-ecoveiy from such persons, including, but not limited to, situa- 

 tions where there has been an historical waiver of liability or the 

 offending i)erson or persons ai"e unable to remedy the loss. It also in- 

 cludes situations where thei'e has l)een such a comuiingling of activities 



