11

1 practicable, and in no event more than three years from

2 inception.

3 "(g) Prior to granting approval of the management 4 plan and program, the Secretary shall find that the coastal 5 State, acting through its chosen agency or agencies (includ6 ing local governments), has authority for the management 7 of the coastal and estuarine zone in accordance with the management plan and program and such authority shall include

8.

9

10

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power

"(1) to administer land and water use regulations,

11 control public and private development of the coastal and estuarine zone in order to assure compliance with 13 the management plan and program, and to resolve con

flicts among competing uses;

"(2) to acquire fee simple and less than fee simple interests in lands, waters, and other property within the coastal and estuarine zone through condemnation or

other means when necessary to achieve conformance. with the management plan and program;

"(3) to develop land and facilities and to operate such public facilities as beaches, marinas, and other waterfront developments, as may be required to carry out the management plan and program;

"(4) to borrow money and issue bonds for the pur

1

2

3

4

5

6

7

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pose of land acquisition or land and water development and restoration projects; and

“(5) to exercise such other functions as the Secretary determines are necessary to enable the orderly development of the coastal and estuarine zone in accordance with the management plan and program.

"(h) Prior to granting approval, the Secretary shall 8 find that the coastal State, acting through its chosen agency 9 or agencies (including local governments), has authority 10 to review all development plans, projects, or land and water 11 use regulations, including exceptions and variances thereto, 12 proposed by any State or local authority or private devel13 oper to determine whether such plans, projects, or regulations 14 are consistent with the principles and standards set forth 15 in the management plan and program and to reject a develop16 ment plan, project, or regulation which fails to comply with 17 such principles and standards: Provided, That such deter18 mination shall be made only after there has been a full oppor19 tunity for hearings.

20

"(i) No annual administrative grant to a coastal State 21 shall be made under this section in excess of 15 per 22 centum of the total amount appropriated to carry out the

23

24

purposes of this section.

"INTERAGENCY COORDINATION AND COOPERATION

25 "SEC. 307. (a) The Secretary shall not approve the

265

26

management plan and program submitted by the State pur

13

1 suant to section 306 unless the views of Federal agencies 2 principally affected by such plan and program have been 3 adequately considered. In case of serious disagreement be4 tween any Federal agency and the State in the development 5 of the plan the Secretary, in cooperation with the Executive 6 Office of the President, shall seek to mediate the differences. "(b) (1) All Federal agencies conducting or supporting

7

8 activities in the coastal and estuarine zone shall seek to make 9 such activities consistent with the approved State manage10 ment plan and program for the area.

11

"(2) Federal agencies shall not undertake any develop12 ment project in a coastal and estuarine zone which, in the 13 opinion of the coastal State, is inconsistent with the manage14 ment plan of such coastal State unless the Secretary, after 15 receiving detailed comments from both the Federal agency 16 and the coastal State, finds that such project is consistent 17 with the objectives of this title, or is informed by the Secre18 tary of Defense and finds that the project is necessary in the 19 interest of national security.

20

"(3) Any applicant for a Federal license or permit to 21 conduct any activity in the coastal and estuarine zone subject 22 to such license or permit, shall provide in the application to 23 the licensing or permitting agency a certification from the 24 appropriate State agency that the proposed activity complies 25 with the State coastal and estuarine zone management plan

14

1 and program, and that there is reasomalle assurance. is

2 determined by the State, that such activity will be conducted 3 in a Latter o asistent with the State's evastal and estuarine

4

Dobe management påan and program. The State stal estab 5. Ish procedures for poble notice in the case of all applications 6 for certification by it, and to the extent it deems appropriate. 7 procedures for pable hearings in connection with specie 8 applications. If the State agency falls or refuses to act on 9 a request for certification within six months after receipt of 10 such request, the certification requirements of this subsection 11 shall be waived with respect to sach Federal app Seation. No 12 license or permit shall be granted until the certification re13 quired by this section has been obtained or has been waived 14 as provided in the preceding sentence, unless, after receipt 15 of detailed coun ents from the relevant Federal and State 16 agencies, and the provision of an opportunity for a public 17 hearing, the activity is found by the Secretary to be consist18 ent with the objectives of this title or necessary in the interest of national security. Upon receipt of such application and 20 certification, the licensing or permitting agency shall im21 mediately notify the Secretary of such application and cer22 tification.

23

(c) State and local governments submitting applica24 tions for Federal assistance in coastal and estuarine areas 25 shall indicate the views of the appropriate State or local

15

1 agency as to the relationship of such activities to the ap2 proved management plan and program for the coastal and 3 estuarine zone. Such applications shall be submitted in ac4 cordance with the provisions of title IV of the Intergovern5 mental Coordination Act of 1968. Federal agencies shall not 6 approve proposed projects that are inconsistent with the 7 coastal State's management plan and program, except upon

8

a finding by the Secretary that such project is consistent with 9 the purposes of this title or necessary in the interest of 10 national security.

"(d) Nothing in this section 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 and 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) to change or otherwise affect the authority or responsibility of any Federal official in the discharge of the duties of his office except as required to carry out the provisions of this title;

"(3) as superseding, modifying, or repealing exist