HR1874-119

1. Conclusive presumption for certain activities Section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) is amended by adding at the end: Except as provided in paragraph (3), with respect to a covered activity, a coastal state shall be conclusively presumed to concur with— a consistency determination provided to the coastal state by a Federal agency under subsection (c)(1)(C); a determination or other finding of a Federal agency under subsection (c)(2) that a development project in the coastal zone of the coastal state is consistent with the enforceable policies of the approved state management program of the coastal state; a certification provided to the coastal state by an applicant under subsection (c)(3)(A) or person under subsection (c)(3)(B); and a determination or other finding of a State or local government under subsection (d) that an application for Federal assistance submitted by such State or local government is consistent with the enforceable policies of the approved state management program of the coastal state. An objection or other challenge by a coastal state to an activity subject to a conclusive presumption of concurrence under paragraph (1) may not delay or otherwise prevent the activity from proceeding. Not later than 30 days after the Secretary receives a consistency determination, certification, or other relevant finding under this section, the Secretary may issue a written determination with respect to an activity subject to a conclusive presumption of concurrence under paragraph (1) that nullifies the conclusive presumption of concurrence if the Secretary finds that the activity is not a covered activity. If the Secretary does not issue a written determination under subparagraph (A) with respect to an activity subject to a conclusive presumption of concurrence under paragraph (1) within the time period described in that subparagraph, the conclusive presumption of concurrence shall be final and binding. In this subsection: The term activity with a significant national or regional economic impact means an activity— that is authorized or funded in whole or in part by the Federal Government; and that is carried out in— an area with a low per capita income; or an area with a high unemployment rate. The term area with a high unemployment rate means an area where the unemployment rate, for the most recent 24-month period for which data is available, is at least 1 percentage point higher than the national average unemployment rate for such period, as determined by the Secretary using the most recent data available from— the Bureau of Economic Analysis of the Department of Commerce; the Bureau of Labor Statistics of the Department of Labor; another Federal source the Secretary determines appropriate; or if no recent Federal data is available, data from the State agencies of such area the Secretary determines appropriate. The term area with low per capita income means an area where the per capita income is not more than 20 percent less than the national average per capita income, as determined by the Secretary using the most recent data available from— the Bureau of Economic Analysis of the Department of Commerce; or another Federal source the Secretary determines appropriate. The term covered activity means— a national security activity; a critical infrastructure project; a disaster recovery or mitigation activity; or an activity with a significant national or regional economic impact. The term critical infrastructure has the meaning given the term in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)). The term critical infrastructure project means any project— that is authorized or funded in whole or in part by the Federal Government; and that involves— the planning, construction, maintenance, or improvement of critical infrastructure; a facility or an activity associated with any critical infrastructure sectors; or a material or asset that is essential to the operation, maintenance, or development of critical infrastructure. The term critical infrastructure sectors has the meaning given the term in section 2001 of the Homeland Security Act of 2002 (6 U.S.C. 601). The term disaster recovery or mitigation activity means an activity— that is authorized or funded in whole or in part by the Federal Government; and that is carried out to prevent, prepare for, respond to, recover from, or mitigate the effects of— an emergency; a major disaster; or any other incident or threat that the Administrator of the Federal Emergency Management Agency determines poses a significant risk to public health, safety, or property. The terms emergency and major disaster have such meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). The term national security activity means an activity that is carried out by or on behalf of— the Department of Defense; the Department of Homeland Security; or the intelligence community. (j)Conclusive presumption for certain activities (1)In generalExcept as provided in paragraph (3), with respect to a covered activity, a coastal state shall be conclusively presumed to concur with— (A)a consistency determination provided to the coastal state by a Federal agency under subsection (c)(1)(C); (B)a determination or other finding of a Federal agency under subsection (c)(2) that a development project in the coastal zone of the coastal state is consistent with the enforceable policies of the approved state management program of the coastal state; (C)a certification provided to the coastal state by an applicant under subsection (c)(3)(A) or person under subsection (c)(3)(B); and (D)a determination or other finding of a State or local government under subsection (d) that an application for Federal assistance submitted by such State or local government is consistent with the enforceable policies of the approved state management program of the coastal state. (2)Limitation on objectionAn objection or other challenge by a coastal state to an activity subject to a conclusive presumption of concurrence under paragraph (1) may not delay or otherwise prevent the activity from proceeding. (3)Review of presumptive concurrence (A)In generalNot later than 30 days after the Secretary receives a consistency determination, certification, or other relevant finding under this section, the Secretary may issue a written determination with respect to an activity subject to a conclusive presumption of concurrence under paragraph (1) that nullifies the conclusive presumption of concurrence if the Secretary finds that the activity is not a covered activity. (B)Presumption of finalityIf the Secretary does not issue a written determination under subparagraph (A) with respect to an activity subject to a conclusive presumption of concurrence under paragraph (1) within the time period described in that subparagraph, the conclusive presumption of concurrence shall be final and binding. (4)DefinitionsIn this subsection: (A)Activity with a significant national or regional economic impactThe term activity with a significant national or regional economic impact means an activity— (i)that is authorized or funded in whole or in part by the Federal Government; and (ii)that is carried out in— (I)an area with a low per capita income; or (II)an area with a high unemployment rate. (B)Area with a high unemployment rateThe term area with a high unemployment rate means an area where the unemployment rate, for the most recent 24-month period for which data is available, is at least 1 percentage point higher than the national average unemployment rate for such period, as determined by the Secretary using the most recent data available from— (i)the Bureau of Economic Analysis of the Department of Commerce; (ii)the Bureau of Labor Statistics of the Department of Labor; (iii)another Federal source the Secretary determines appropriate; or (iv)if no recent Federal data is available, data from the State agencies of such area the Secretary determines appropriate. (C)Area with a low per capita incomeThe term area with low per capita income means an area where the per capita income is not more than 20 percent less than the national average per capita income, as determined by the Secretary using the most recent data available from— (i)the Bureau of Economic Analysis of the Department of Commerce; or (ii)another Federal source the Secretary determines appropriate. (D)Covered activityThe term covered activity means— (i)a national security activity; (ii)a critical infrastructure project; (iii)a disaster recovery or mitigation activity; or (iv)an activity with a significant national or regional economic impact. (E)Critical infrastructureThe term critical infrastructure has the meaning given the term in section 1016(e) of the USA PATRIOT Act (42 U.S.C. 5195c(e)). (F)Critical infrastructure projectThe term critical infrastructure project means any project— (i)that is authorized or funded in whole or in part by the Federal Government; and (ii)that involves— (I)the planning, construction, maintenance, or improvement of critical infrastructure; (II)a facility or an activity associated with any critical infrastructure sectors; or (III)a material or asset that is essential to the operation, maintenance, or development of critical infrastructure. (G)Critical infrastructure sectorsThe term critical infrastructure sectors has the meaning given the term in section 2001 of the Homeland Security Act of 2002 (6 U.S.C. 601). (H)Disaster recovery or mitigation activityThe term disaster recovery or mitigation activity means an activity— (i)that is authorized or funded in whole or in part by the Federal Government; and (ii)that is carried out to prevent, prepare for, respond to, recover from, or mitigate the effects of— (I)an emergency; (II)a major disaster; or (III)any other incident or threat that the Administrator of the Federal Emergency Management Agency determines poses a significant risk to public health, safety, or property. (I)Emergency; major disasterThe terms emergency and major disaster have such meanings given such terms in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122). (J)Intelligence communityThe term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003). (K)National security activityThe term national security activity means an activity that is carried out by or on behalf of— (i)the Department of Defense; (ii)the Department of Homeland Security; or (iii)the intelligence community. .