
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1456]

 
                         TITLE 16--CONSERVATION
 
                   CHAPTER 33--COASTAL ZONE MANAGEMENT
 
Sec. 1456. Coordination and cooperation


(a) Federal agencies

    In carrying out his functions and responsibilities under this 
chapter, the Secretary shall consult with, cooperate with, and, to the 
maximum extent practicable, coordinate his activities with other 
interested Federal agencies.

(b) Adequate consideration of views of Federal agencies

    The Secretary shall not approve the management program submitted by 
a state pursuant to section 1455 of this title unless the views of 
Federal agencies principally affected by such program have been 
adequately considered.

(c) Consistency of Federal activities with State management programs; 
        Presidential exemption; certification

    (1)(A) Each Federal agency activity within or outside the coastal 
zone that affects any land or water use or natural resource of the 
coastal zone shall be carried out in a manner which is consistent to the 
maximum extent practicable with the enforceable policies of approved 
State management programs. A Federal agency activity shall be subject to 
this paragraph unless it is subject to paragraph (2) or (3).
    (B) After any final judgment, decree, or order of any Federal court 
that is appealable under section 1291 or 1292 of title 28, or under any 
other applicable provision of Federal law, that a specific Federal 
agency activity is not in compliance with subparagraph (A), and 
certification by the Secretary that mediation under subsection (h) of 
this section is not likely to result in such compliance, the President 
may, upon written request from the Secretary, exempt from compliance 
those elements of the Federal agency activity that are found by the 
Federal court to be inconsistent with an approved State program, if the 
President determines that the activity is in the paramount interest of 
the United States. No such exemption shall be granted on the basis of a 
lack of appropriations unless the President has specifically requested 
such appropriations as part of the budgetary process, and the Congress 
has failed to make available the requested appropriations.
    (C) Each Federal agency carrying out an activity subject to 
paragraph (1) shall provide a consistency determination to the relevant 
State agency designated under section 1455(d)(6) of this title at the 
earliest practicable time, but in no case later than 90 days before 
final approval of the Federal activity unless both the Federal agency 
and the State agency agree to a different schedule.
    (2) Any Federal agency which shall undertake any development project 
in the coastal zone of a state shall insure that the project is, to the 
maximum extent practicable, consistent with the enforceable policies of 
approved state management programs.
    (3)(A) After final approval by the Secretary of a state's management 
program, any applicant for a required Federal license or permit to 
conduct an activity, in or outside of the coastal zone, affecting any 
land or water use or natural resource of the coastal zone of that state 
shall provide in the application to the licensing or permitting agency a 
certification that the proposed activity complies with the enforceable 
policies of the state's approved program and that such activity will be 
conducted in a manner consistent with the program. At the same time, the 
applicant shall furnish to the state or its designated agency a copy of 
the certification, with all necessary information and data. Each coastal 
state shall establish procedures for public notice in the case of all 
such certifications and, to the extent it deems appropriate, procedures 
for public hearings in connection therewith. At the earliest practicable 
time, the state or its designated agency shall notify the Federal agency 
concerned that the state concurs with or objects to the applicant's 
certification. If the state or its designated agency fails to furnish 
the required notification within six months after receipt of its copy of 
the applicant's certification, the state's concurrence with the 
certification shall be conclusively presumed. No license or permit shall 
be granted by the Federal agency until the state or its designated 
agency has concurred with the applicant's certification or until, by the 
state's failure to act, the concurrence is conclusively presumed, unless 
the Secretary, on his own initiative or upon appeal by the applicant, 
finds after providing a reasonable opportunity for detailed comments 
from the Federal agency involved and from the state, that the activity 
is consistent with the objectives of this chapter or is otherwise 
necessary in the interest of national security.
    (B) After the management program of any coastal state has been 
approved by the Secretary under section 1455 of this title, any person 
who submits to the Secretary of the Interior any plan for the 
exploration or development of, or production from, any area which has 
been leased under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 
et seq.) and regulations under such Act shall, with respect to any 
exploration, development, or production described in such plan and 
affecting any land or water use or natural resource of the coastal zone 
of such state, attach to such plan a certification that each activity 
which is described in detail in such plan complies with the enforceable 
policies of such state's approved management program and will be carried 
out in a manner consistent with such program. No Federal official or 
agency shall grant such person any license or permit for any activity 
described in detail in such plan until such state or its designated 
agency receives a copy of such certification and plan, together with any 
other necessary data and information, and until--
        (i) such state or its designated agency, in accordance with the 
    procedures required to be established by such state pursuant to 
    subparagraph (A), concurs with such person's certification and 
    notifies the Secretary and the Secretary of the Interior of such 
    concurrence;
        (ii) concurrence by such state with such certification is 
    conclusively presumed as provided for in subparagraph (A), except if 
    such state fails to concur with or object to such certification 
    within three months after receipt of its copy of such certification 
    and supporting information, such state shall provide the Secretary, 
    the appropriate federal agency, and such person with a written 
    statement describing the status of review and the basis for further 
    delay in issuing a final decision, and if such statement is not so 
    provided, concurrence by such state with such certification shall be 
    conclusively presumed; or
        (iii) the Secretary finds, pursuant to subparagraph (A), that 
    each activity which is described in detail in such plan is 
    consistent with the objectives of this chapter or is otherwise 
    necessary in the interest of national security.

If a state concurs or is conclusively presumed to concur, or if the 
Secretary makes such a finding, the provisions of subparagraph (A) are 
not applicable with respect to such person, such state, and any Federal 
license or permit which is required to conduct any activity affecting 
land uses or water uses in the coastal zone of such state which is 
described in detail in the plan to which such concurrence or finding 
applies. If such state objects to such certification and if the 
Secretary fails to make a finding under clause (iii) with respect to 
such certification, or if such person fails substantially to comply with 
such plan as submitted, such person shall submit an amendment to such 
plan, or a new plan, to the Secretary of the Interior. With respect to 
any amendment or new plan submitted to the Secretary of the Interior 
pursuant to the preceding sentence, the applicable time period for 
purposes of concurrence by conclusive presumption under subparagraph (A) 
is 3 months.

(d) Application of local governments for Federal assistance; 
        relationship of activities with approved management programs

    State and local governments submitting applications for Federal 
assistance under other Federal programs, in or outside of the coastal 
zone, affecting any land or water use of natural resource of the coastal 
zone shall indicate the views of the appropriate state or local agency 
as to the relationship of such activities to the approved management 
program for the coastal zone. Such applications shall be submitted and 
coordinated in accordance with the provisions of section 6506 of title 
31. Federal agencies shall not approve proposed projects that are 
inconsistent with the enforceable policies of a coastal state's 
management program, except upon a finding by the Secretary that such 
project is consistent with the purposes of this chapter or necessary in 
the interest of national security.

(e) Construction with other laws

    Nothing in this chapter shall be construed--
        (1) to diminish either Federal or state jurisdiction, 
    responsibility, or rights in the field of planning, development, or 
    control of water resources, submerged lands, or navigable waters; 
    nor to displace, supersede, limit, or modify any interstate compact 
    or the jurisdiction or responsibility of any legally established 
    joint or common agency of two or more states or of two or more 
    states and the Federal Government; nor to limit the authority of 
    Congress to authorize and fund projects;
        (2) as superseding, modifying, or repealing existing laws 
    applicable to the various Federal agencies; nor to affect the 
    jurisdiction, powers, or prerogatives of the International Joint 
    Commission, United States and Canada, the Permanent Engineering 
    Board, and the United States operating entity or entities 
    established pursuant to the Columbia River Basin Treaty, signed at 
    Washington, January 17, 1961, or the International Boundary and 
    Water Commission, United States and Mexico.

(f) Construction with existing requirements of water and air pollution 
        programs

    Notwithstanding any other provision of this chapter, nothing in this 
chapter shall in any way affect any requirement (1) established by the 
Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et 
seq.], or the Clean Air Act, as amended [42 U.S.C. 7401 et seq.], or (2) 
established by the Federal Government or by any state or local 
government pursuant to such Acts. Such requirements shall be 
incorporated in any program developed pursuant to this chapter and shall 
be the water pollution control and air pollution control requirements 
applicable to such program.

(g) Concurrence with programs which affect inland areas

    When any state's coastal zone management program, submitted for 
approval or proposed for modification pursuant to section 1455 of this 
title, includes requirements as to shorelands which also would be 
subject to any Federally supported national land use program which may 
be hereafter enacted, the Secretary, prior to approving such program, 
shall obtain the concurrence of the Secretary of the Interior, or such 
other Federal official as may be designated to administer the national 
land use program, with respect to that portion of the coastal zone 
management program affecting such inland areas.

(h) Mediation of disagreements

    In case of serious disagreement between any Federal agency and a 
coastal state--
        (1) in the development or the initial implementation of a 
    management program under section 1454 of this title; or
        (2) in the administration of a management program approved under 
    section 1455 of this title;

the Secretary, with the cooperation of the Executive Office of the 
President, shall seek to mediate the differences involved in such 
disagreement. The process of such mediation shall, with respect to any 
disagreement described in paragraph (2), include public hearings which 
shall be conducted in the local area concerned.

(i) Application fee for appeals

    (1) With respect to appeals under subsections (c)(3) and (d) of this 
section which are submitted after November 5, 1990, the Secretary shall 
collect an application fee of not less than $200 for minor appeals and 
not less than $500 for major appeals, unless the Secretary, upon 
consideration of an applicant's request for a fee waiver, determines 
that the applicant is unable to pay the fee.
    (2)(A) The Secretary shall collect such other fees as are necessary 
to recover the full costs of administering and processing such appeals 
under subsection (c) of this section.
    (B) If the Secretary waives the application fee under paragraph (1) 
for an applicant, the Secretary shall waive all other fees under this 
subsection for the applicant.
    (3) Fees collected under this subsection shall be deposited into the 
Coastal Zone Management Fund established under section 1456a of this 
title.

(Pub. L. 89-454, title III, Sec. 307, as added Pub. L. 92-583, Oct. 27, 
1972, 86 Stat. 1285; amended Pub. L. 94-370, Sec. 6, July 26, 1976, 90 
Stat. 1018; Pub. L. 95-372, title V, Sec. 504, Sept. 18, 1978, 92 Stat. 
693; Pub. L. 101-508, title VI, Sec. 6208, Nov. 5, 1990, 104 Stat. 1388-
307; Pub. L. 102-587, title II, Sec. 2205(b)(13), (14), Nov. 4, 1992, 
106 Stat. 5051.)

                       References in Text

    The Outer Continental Shelf Lands Act, referred to in subsec. 
(c)(3)(B), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, as amended, which 
is classified generally to subchapter III (Sec. 1331 et seq.) of chapter 
29 of Title 43, Public Lands. For complete classification of this Act to 
the Code, see Short Title note set out under section 1331 of Title 43 
and Tables.
    The Federal Water Pollution Control Act, referred to in subsec. (f), 
is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92-500, 
Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to 
chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation and Navigable 
Waters. For complete classification of this Act to the Code, see Short 
Title note set out under section 1251 of Title 33 and Tables.
    The Clean Air Act, referred to in subsec. (f), is act July 14, 1955, 
ch. 360, 69 Stat. 322, as amended, which is classified generally to 
chapter 85 (Sec. 7401 et seq.) of Title 42, The Public Health and 
Welfare. For complete classification of this Act to the Code, see Short 
Title note set out under section 7401 of Title 42 and Tables.

                          Codification

    In subsec. (d), ``section 6506 of title 31'' substituted for ``title 
IV of the Intergovernmental Coordination [Cooperation] Act of 1968 [42 
U.S.C. 4231 et seq.]'' on authority of Pub. L. 97-258, Sec. 4(b), Sept. 
13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, 
Money and Finance.


                               Amendments

    1992--Subsec. (c)(3)(B). Pub. L. 102-587, Sec. 2205(b)(13), made 
technical amendment to directory language of Pub. L. 101-508, 
Sec. 6208(b)(3)(B). See 1990 Amendment note below.
    Subsec. (i). Pub. L. 102-587, Sec. 2205(b)(14), designated existing 
provisions as par. (1), added pars. (2) and (3), and struck out at end 
of par. (1) ``The Secretary shall collect such other fees as are 
necessary to recover the full costs of administering and processing such 
appeals under subsection (c) of this section.''
    1990--Subsec. (c)(1). Pub. L. 101-508, Sec. 6208(a), amended par. 
(1) generally. Prior to amendment, par. (1) read as follows: ``Each 
Federal agency conducting or supporting activities directly affecting 
the coastal zone shall conduct or support those activities in a manner 
which is, to the maximum extent practicable, consistent with approved 
state management programs.''
    Subsec. (c)(2). Pub. L. 101-508, Sec. 6208(b)(1), which directed the 
insertion of ``the enforceable policies of'' before ``approved State 
management programs'', was executed by making the insertion before 
``approved state management programs'' to reflect the probable intent of 
Congress.
    Subsec. (c)(3)(A). Pub. L. 101-508, Sec. 6208(b)(2), in first 
sentence inserted ``, in or outside of the coastal zone,'' after ``to 
conduct an activity'', substituted ``any land or water use or natural 
resource of'' for ``land or water uses in'', and inserted ``the 
enforceable policies of'' after ``the proposed activity complies with''.
    Subsec. (c)(3)(B). Pub. L. 101-508, Sec. 6208(b)(3)(A), substituted 
``land or water use or natural resource of'' for ``land use or water use 
in'' in first sentence.
    Pub. L. 101-508, Sec. 6208(b)(3)(B), as amended by Pub. L. 102-587, 
Sec. 2205(b)(13), inserted ``the enforceable policies of'' after ``such 
plan complies with'' in first sentence.
    Subsec. (d). Pub. L. 101-508, Sec. 6208(b)(4), substituted ``, in or 
outside of the coastal zone, affecting any land or water use of natural 
resource of'' for ``affecting'' and inserted ``the enforceable policies 
of'' after ``that are inconsistent with''.
    Subsec. (i). Pub. L. 101-508, Sec. 6208(c), added subsec. (i).
    1978--Subsec. (c)(3)(B)(ii). Pub. L. 95-372 inserted ``, except if 
such state fails to concur with or object to such certification within 
three months after receipt of its copy of such certification and 
supporting information, such state shall provide the Secretary, the 
appropriate federal agency, and such person with a written statement 
describing the status of review and the basis for further delay in 
issuing a final decision, and if such statement is not so provided, 
concurrence by such state with such certification shall be conclusively 
presumed'' after ``as provided for in subparagraph (A)''.
    1976--Subsec. (b). Pub. L. 94-370, Sec. 6(2), struck out provisions 
requiring that in case of serious disagreement between Federal agency 
and state in development of program, Secretary shall seek to mediate the 
differences in cooperation with the Executive Office of the President 
and incorporated such provision into subsec. (h).
    Subsec. (c)(3). Pub. L. 94-370, Sec. 6(3), designated existing 
provisions as subpar. (A) and added subpar. (B).
    Subsec. (h). Pub. L. 94-370, Sec. 6(4), added subsec. (h) which 
incorporates former provision of subsec. (b) relating to mediation by 
Secretary of disagreements between Federal agencies and state.

                  Section Referred to in Other Sections

    This section is referred to in sections 1453, 1455, 1456a, 1462, 
1465 of this title; title 43 sections 1340, 1351.
