119-hr1874

[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.''.
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