[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1874 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1874
To amend the Coastal Zone Management Act of 1972 to establish a
conclusive presumption that a State concurs to certain activities, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2025
Mr. Kiley of California introduced the following bill; which was
referred to the Committee on Natural Resources
_______________________________________________________________________
A BILL
To amend the Coastal Zone Management Act of 1972 to establish a
conclusive presumption that a State concurs to certain activities, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 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:
``(j) Conclusive Presumption for Certain Activities.--
``(1) In general.--Except 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 objection.--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.
``(3) Review of presumptive concurrence.--
``(A) In general.--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.
``(B) Presumption of finality.--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.
``(4) Definitions.--In this subsection:
``(A) Activity with a significant national or
regional economic impact.--The 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 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--
``(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 income.--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--
``(i) the Bureau of Economic Analysis of
the Department of Commerce; or
``(ii) another Federal source the Secretary
determines appropriate.
``(D) Covered activity.--The 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 infrastructure.--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)).
``(F) Critical infrastructure project.--The 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 sectors.--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).
``(H) Disaster recovery or mitigation activity.--
The 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 disaster.--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).
``(J) Intelligence community.--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).
``(K) National security activity.--The 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.''.
<all>