§ 1456. — Coordination and cooperation.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 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.
