COASTAL ZONE MANAGEMENT CONSISTENCY.

SEC. 6208. COASTAL ZONE MANAGEMENT CONSISTENCY. (a) Federal Agency Activities.—Section 307(c)(D of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(l)) is amended to read as follows: “(c)(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 appeal able under section 1291 or 1292 of title 28, United States Code, 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) 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 3O6(d)(6) 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.”. (b) Technical and Conforming Changes.— (1) Section 307(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(2)) is amended by inserting “the enforceable policies of” before “approved State management programs”, (2) Section 307(c)(3)(A) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(A)) is amended in the first sentence— (A) by inserting “, in or outside of the coastal zone,” after “to conduct an activity”; 104 STAT. 1388–308 (B) by striking “land or water uses in” and inserting “any land or water use or natural resource of”; and (C) by inserting “the enforceable policies of after the words “the proposed activity complies with”. (3) Section 307(c)(3)(B) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(c)(3)(B)l is amended in the first sentence— (A) by striking “land use or water use in” and inserting “land or water use or natural resource of”; and (B) by inserting “the enforceable policies of” after “such plan complies”. (4) Section 307(d) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456(d)) is amended— (A) by striking “affecting” and inserting “, in or outside of the coastal zone, affecting any land or water use of natural resource of”; and (B) by inserting “the enforceable policies of” after “that are inconsistent with”. (c) Federal Fee.—Section 307 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1456) is amended by adding at the end the following: “(i) With respect to appeals under subsections (c)(3) and (d) which are submitted after the date of the enactment of the Coastal Zone Act Reauthorization Amendments of 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. The Secretary shall collect such other fees as are necessary to recover the full costs of administering and processing such appeals under subsection (c).”.