H.R. 1874

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1874 Introduced in House (IH)]

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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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