MMS, the federal oversight agency that suffered the deep sea gas blowout at BP’s Deepwater Horizon April 20, 2010, had years before received this dour determination from the Louisiana court concerning lack of attention to direct, indirect and cumulative impacts wrought, in this case, by a simple paper transaction (Lease Sale 200) for offshore leases:
(p. 40 ELR 11081) MMS’s treatment of the Coastal Use Guidelines set forth
in the LCRP is so inadequate as to suggest that proceed-
(p. 40 ELR 11082) ing with Lease Sale 200 was a fait accompli even before the
[CD] (Consistency Determination – the final environmental approval- ) was compiled.
MMS has failed to demonstrate, as it
must, that the action and its direct, indirect and cumulative
impacts are consistent with those of Louisiana’s 94 Coastal
Use Guidelines that would apply herein. Thus, because
the [CD] does not adequately evaluate all of the “relevant
enforceable policies” of the LCRP. . . it would appear to
have been compiled in an arbitrary and capricious manner
such that the result, i.e., the occurring of the Lease Sale, was
fore-ordained (Blanco v. Burton, 2006 WL 2366046 [E.D. La. 2006]).
Reprinted with permission, Sam Kalen 2010 “The BP Macondo Well Exploration Plan: Wither the Coastal Zone Management Act?” Environmental Law Reporter Copyright © 2010 Environmental Law Institute®, Washington, DC. reprinted with permission from ELR®, http://www.eli.org, 1-800-433-5120, last retrieved 6/29/2011 from http://www.eli.org/pdf/NA_40-11/40.11079.pdfHow much more ought the U.S. Department of State to consider enforceable policies of coastal states of the United States of America in its review of TransCanada’s international Keystone XL Pipeline? It has not done so, not even in the case of the State of Texas. An interstate Consistency Determination (CD) concurred by all coastal zone management authorities is certainly warranted given the international scope both of tar sands crude production emissions and the global reach of the Gulf Coast refining, pipeline and ports complex.
I might suggest the U.S. Commerce Sectretary should study potential impacts on the timing or severity of sea level rise due to enhanced climate change from the proposed enabling of Canadian bitumens as a primary input to US petroleum production, as encouraged by the Coastal Zone Management Act, 16 U.S.C. § 1452. Congressional declaration of policy (Section 303)(2)(K).
• How can the XL pipeline remain only a proposal under NEPA review while Railroad Commission permits have been pulled since 2008 (just renewed last month) and the real estate Rights-of-Way have already been substantially secured, some allegedly under bullying strong-armed tactics, and seven billion dollars in capital hangs in the balance...over two of which is expected to benefit Texas? Most of the route appears already to have been cleared and a portion of it was recently disturbed based on publicly-available Google Earth imagery.
• And who does the energy capital expect to buy all those fossil fuel products (that will directly form at least additional 12 parts per million CO2 in the atmosphere) pre-processed, cracked and refined from diluted bitumen that will travel all across the United States to arrive at the lower end of the Keystone XL pipeline between now and 2050…Americans?
• Why is not a return pipeline for delivery or recycling of diluent under consideration?
• Is it fair to allow the XL under a single private entity to be the sole 36” connection between the largest private collection point for crude oil at Cushing, OK and the largest refinery complex spanning Houston/Port Arthur, TX?
• Remember that Harris County expects about a 15% increase in ship traffic at the Port of Houston due to the expansion of the Panama Canal. Why have not the citizens of Harris County been asked whether they are willing to accept even greater increase in air emissions when up to 4.5 million bpd heavy petroleum processing units are fully slated thanks to Canadian bitumen deliveries through the Keystone XL?
• Regardless the likelihood of spills (every 7 years), natural disasters and refinery accidents, what are quantified future temporal amounts of air emissions expected with expanding refinery capacity, pipeline developments, the proposed I-69 NAFTA Highway and future port activity fully considered? What are the implications for meeting an 8-hour ozone standard throughout the future to preserve Texas highway funding?
• Why do EIS documents consider only the incremental lifecycle carbon emissions coming from the proposed extraction/transport/refinery complex when a very real question exists over the carbon-constrained future as to whether unconventional petroleum resource access would be allowed by any other government than - world’s largest lifetime contributor to global warming - the United States? China will certainly find it more economical and also less environmentally destructive to accept deliveries from the remaining Middle East supply.
• Leaving dirtier, less completely formed hydrocarbon resources such as bitumen, coal, and lignite in situ for now greatly serves the national interest concerning future generations in all respects: the environment they inherit will present fewer limitations and its carrying capacity will be more capable of sustaining them; and, the intrinsic value of hydrocarbon resources will increase greatly as conventional resources continue to be depleted and as technology is developed to treat bitumen gasification using environmentally supportive closed-loop streams. It also serves the national interest of current residents by avoiding backpedaling into energy sources that from a holistic perspective constrict rather than enlarge our energy availability and industrial capacity, while performing environmental, societal and personal torts undeniable and unanswered.
• The likely effect of extending our fossil fuel addiction as far into the future as the XL provides is deleterious in all respects. It does not provide security. We are likely as a nation and as people to fall victim to those more willing and able to overcome the current energy bottleneck through environmentally and socially supportive means. Namely, these are seen as renewable energy exploitation, transfer and storage, and successful development anywhere in the world of 4th generation (fast breeder) modular nuclear reactors that safely consume the immense wastes already in possession of the U.S. government, restoring for the future term of human civilization our fortunes by supplying tomorrow’s powerhouse.
See also:
http://cfr.vlex.com/vid/1506-limitations-during-nepa-process-19834928
http://www.federalregister.gov/articles/2006/01/05/06-11/coastal-zone-management-act-federal-consistency-regulations
Coastal Zone Management Act of 1972
as amended through Pub. L. No. 109-58, the Energy Policy Act of 2005
(source: http://coastalmanagement.noaa.gov/about/czma.html)
16 U.S.C. § 1451. Congressional findings (Section 302)
The Congress finds that--
(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone.
(b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation.
(c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion.
(d) The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations.
(e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost.
(f) New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters;
(g) Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values.
(h) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate.
(i) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments and other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance.
(j) The national objective of attaining a greater degree of energy self-sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.
(k) Land uses in the coastal zone, and the uses of adjacent lands which drain into the coastal zone, may significantly affect the quality of coastal waters and habitats, and efforts to control coastal water pollution from land use activities must be improved.
(l) Because global warming may result in a substantial sea level rise with serious adverse effects in the coastal zone, coastal states must anticipate and plan for such an occurrence.
(m) Because of their proximity to and reliance upon the ocean and its resources, the coastal states have substantial and significant interests in the protection, management, and development of the resources of the exclusive economic zone that can only be served by the active participation of coastal states in all Federal programs affecting such resources and, wherever appropriate, by the development of state ocean resource plans as part of their federally approved coastal zone management programs.
16 U.S.C. § 1452. Congressional declaration of policy (Section 303)
The Congress finds and declares that it is the national policy--
(1) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations;
(2) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values as well as the needs for compatible economic development, which programs should at least provide for--
(A) the protection of natural resources, including wetlands, floodplains, estuaries, beaches, dunes, barrier islands, coral reefs, and fish and wildlife and their habitat, within the coastal zone,
(B) the management of coastal development to minimize the loss of life and property caused by improper development in flood-prone, storm surge, geological hazard, and erosion-prone areas and in areas likely to be affected by or vulnerable to sea level rise, land subsidence, and saltwater intrusion, and by the destruction of natural protective features such as beaches, dunes, wetlands, and barrier islands,
(C) the management of coastal development to improve, safeguard, and restore the quality of coastal waters, and to protect natural resources and existing uses of those waters,
(D) priority consideration being given to coastal-dependent uses and orderly processes for siting major facilities related to national defense, energy, fisheries development, recreation, ports and transportation, and the location, to the maximum extent practicable, of new commercial and industrial developments in or adjacent to areas where such development already exists,
(E) public access to the coasts for recreation purposes,
(F) assistance in the redevelopment of deteriorating urban waterfronts and ports, and sensitive preservation and restoration of historic, cultural, and esthetic coastal features,
(G) the coordination and simplification of procedures in order to ensure expedited governmental decisionmaking for the management of coastal resources,
(H) continued consultation and coordination with, and the giving of adequate consideration to the views of, affected Federal agencies,
(I) the giving of timely and effective notification of, and opportunities for public and local government participation in, coastal management decisionmaking,
(J) assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aquaculture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agencies and State and wildlife agencies, and
(K) the study and development, in any case in which the Secretary considers it to be appropriate, of plans for addressing the adverse effects upon the coastal zone of land subsidence and of sea level rise; and
(3) to encourage the preparation of special area management plans which provide for increased specificity in protecting significant natural resources, reasonable coastal-dependent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land subsidence, sea level rise, or fluctuating water levels of the Great Lakes, and improved predictability in governmental decisionmaking;
(4) to encourage the participation and cooperation of the public, state and local governments, and interstate and other regional agencies, as well as of the Federal agencies having programs affecting the coastal zone, in carrying out the purposes of this chapter;
(5) to encourage coordination and cooperation with and among the appropriate Federal, State, and local agencies, and international organizations where appropriate, in collection, analysis, synthesis, and dissemination of coastal management information, research results, and technical assistance, to support State and Federal regulation of land use practices affecting the coastal and ocean resources of the United States; and
(6) to respond to changing circumstances affecting the coastal environment and coastal resource management by encouraging States to consider such issues as ocean uses potentially affecting the coastal zone.
16 U.S.C. § 1453. Definitions (Section 304)
For purposes of this chapter --
(1) The term "coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917, (48 U.S.C. 749), the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 (48 U.S.C. 1801 et seq.), or section 1 of the Act of November 20, 1963 (48 U.S.C. 1705), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents.
(2) The term "coastal resource of national significance" means any coastal wetland, beach, dune, barrier island, reef, estuary, or fish and wildlife habitat, if any such area is determined by a coastal state to be of substantial biological or natural storm protective value.
(3) The term "coastal waters" means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries.
(4) The term "coastal state" means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this chapter, the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territories of the Pacific Islands, and American Samoa.
(5) The term "coastal energy activity" means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state;
(i) Any outer Continental Shelf energy activity.
(ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas.
(iii) Any transportation, transfer, or storage of oil, natural gas, or coal
(including, but not limited to, by means of any deepwater port, as defined in section 1502(10) of Title 33).
For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be "in close proximity to" the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone.
(6) The term "energy facilities" means any equipment or facility which is or will be used primarily--
(A) in the exploration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or
(B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A).
The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing.
(6a) The term "enforceable policy" means State policies which are legally binding through constitutional provisions, laws, regulations, land use plans, ordinances, or judicial or administrative decisions, by which a State exerts control over private and public land and water uses and natural resources in the coastal zone.
(7) The term "estuary" means that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary-type areas of the Great Lakes.
(8) The term "estuarine sanctuary" means a research area which may include any part or all of an estuary and any island, transitional area, and upland in, adjoining, or adjacent to such estuary, and which constitutes to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area.
(9) The term "Fund" means the Coastal Zone Management Fund established under section 1456a(b) of this title.
(10) The term "land use" means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section
1456(g) of this title.
(11) The term "local government" means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in,
or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user fees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority.
(12) The term "management program" includes, but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this chapter, setting forth objectives, policies, and standards to guide public and private uses of lands and waters in the coastal zone.
(13) The term "outer Continental Shelf energy activity" means any exploration for, or any development or production of, oil or natural gas from the outer Continental Shelf (as defined in section 1331(a) of Title 43) or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production.
(14) The term "person" means any individual; any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional, or local government; or any entity of any such Federal, state, regional, or local government.
(15) The term "public facilities and public services" means facilities or services which are financed, in whole or in part, by any state or political subdivision thereof, including, but not limited to, highways and secondary roads, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population.
(16) The term "Secretary" means the Secretary of Commerce.
(17) The term "special area management plan" means a comprehensive plan providing for natural resource protection and reasonable coastal-dependent economic growth containing a detailed and comprehensive statement of policies; standards and criteria to guide public and private uses of lands and waters; and mechanisms for timely implementation in specific geographic areas within the coastal zone.
(18) The term "water use" means a use, activity, or project conducted in or on waters within the coastal zone.
16 U.S.C. § 1454. Management program development grants (Section 305)
Any coastal state which has completed the development of its management program shall submit such program to the Secretary for review and approval pursuant to section 1455 of this title.
16 U.S.C. § 1455. Administrative grants (Section 306)
(a) Authorization; matching funds
The Secretary may make grants to any coastal state for the purpose of administering that state's management program, if the state matches any such grant according to the following ratios of Federal-to-State contributions for the applicable fiscal year:
(1) For those States for which programs were approved prior to November
5, 1990, 1 to 1 for any fiscal year.
(2) For programs approved after November 5, 1990, 4 to 1 for the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fiscal year, and 1 to 1 for each fiscal year thereafter.
(b) Grants to coastal states; requirements
The Secretary may make a grant to a coastal state under subsection (a) of this section only if the Secretary finds that the management program of the coastal state meets all applicable requirements of this chapter and has been approved in accordance with subsection (d) of this section.
(c) Allocation of grants to coastal states
Grants under this section shall be allocated to coastal states with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the program, population of the area, and other relevant factors. The Secretary shall establish, after consulting with the coastal states, maximum and minimum grants for any fiscal year to promote equity between coastal states and effective coastal management.
(d) Mandatory adoption of State management program for coastal zone
Before approving a management program submitted by a coastal state, the
Secretary shall find the following:
(1) The State has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full participation by relevant Federal agencies, State agencies, local governments, regional organizations, port authorities, and other interested parties and individuals, public and private, which is adequate to carry out the purposes of this chapter and is consistent with the policy declared in section 1452 of this title.
(2) The management program includes each of the following required program elements:
(A) An identification of the boundaries of the coastal zone subject to the management program.
(B) A definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters.
(C) An inventory and designation of areas of particular concern within the coastal zone.
(D) An identification of the means by which the State proposes to exert control over the land uses and water uses referred to in subparagraph (B), including a list of relevant State constitutional provisions, laws, regulations, and judicial decisions.
(E) Broad guidelines on priorities of uses in particular areas, including specifically those uses of lowest priority.
(F) A description of the organizational structure proposed to implement such management program, including the responsibilities and interrelationships of local, areawide, State, regional, and interstate agencies in the management process.
(G) A definition of the term "beach" and a planning process for the protection of, and access to, public beaches and other public
coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value.
(H) A planning process for energy facilities likely to be located in, or which may significantly affect, the coastal zone, including a process for anticipating the management of the impacts resulting from such facilities.
(I) A planning process for assessing the effects of, and studying and evaluating ways to control, or lessen the impact of, shoreline erosion, and to restore areas adversely affected by such erosion.
(3) The State has--
(A) coordinated its program with local, areawide, and interstate plans applicable to areas within the coastal zone--
(i) existing on January 1 of the year in which the State's management program is submitted to the Secretary; and
(ii) which have been developed by a local government, an areawide agency, a regional agency, or an interstate agency; and
(B) established an effective mechanism for continuing consultation and coordination between the management agency designated pursuant to paragraph (6) and with local governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of those local governments and agencies in carrying out the purposes of this chapter; except that the Secretary shall not find any mechanism to be effective for purposes of this subparagraph unless it requires that--
(i) the management agency, before implementing any management program decision which would conflict with any local zoning ordinance, decision, or other action, shall send a notice of the management program decision to any local government whose zoning authority is affected;
(ii) within the 30-day period commencing on the date of receipt of that notice, the local government may submit to the management agency written comments on the management program decision, and any recommendation for alternatives; and
(iii) the management agency, if any comments are submitted to it within the 30- day period by any local government--
(I) shall consider the comments;
(II) may, in its discretion, hold a public hearing on the comments; and
(III) may not take any action within the 30-day period to implement the management program decision.
(4) The State has held public hearings in the development of the management program.
(5) The management program and any changes thereto have been reviewed and approved by the Governor of the State.
(6) The Governor of the State has designated a single State agency to receive and administer grants for implementing the management program.
(7) The State is organized to implement the management program.
(8) The management program provides for adequate consideration of the national interest involved in planning for, and managing the coastal zone, including the siting of facilities such as energy facilities which are of greater than local significance. In the case of energy facilities, the Secretary shall find that the State has given consideration to any applicable national or interstate energy plan or program.
(9) The management program includes procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, historical, or esthetic values.
(10) The State, acting through its chosen agency or agencies (including local governments, areawide agencies, regional agencies, or interstate agencies) has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power--
(A) to administer land use and water use regulations to control development to ensure compliance with the management program, and to resolve conflicts among competing uses; and
(B) to acquire fee simple and less than fee simple interests in land, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program.
(11) The management program provides for any one or a combination of the following general techniques for control of land uses and water uses within the coastal zone:
(A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement.
(B) Direct State land and water use planning and regulation.
(C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any State or local authority or private developer, with power to approve or disapprove after public notice and an opportunity for hearings.
(12) The management program contains a method of assuring that local land use and water use regulations within the coastal zone do not unreasonably restrict or exclude land uses and water uses of regional benefit.
(13) The management program provides for--
(A) the inventory and designation of areas that contain one or more coastal resources of national significance; and
(B) specific and enforceable standards to protect such resources.
(14) The management program provides for public participation in permitting processes, consistency determinations, and other similar decisions.
(15) The management program provides a mechanism to ensure that all
State agencies will adhere to the program.
(16) The management program contains enforceable policies and mechanisms to implement the applicable requirements of the Coastal Nonpoint Pollution Control Program of the State required by section 1455b of this title.
(e) Amendment or modification of State management program for coastal zone
A coastal state may amend or modify a management program which it has submitted and which has been approved by the Secretary under this section, subject to the following conditions:
(1) The State shall promptly notify the Secretary of any proposed amendment, modification, or other program change and submit it for the Secretary's approval. The Secretary may suspend all or part of any grant made under this section pending State submission of the proposed amendments, modification, or other program change.
(2) Within 30 days after the date the Secretary receives any proposed amendment, the Secretary shall notify the State whether the Secretary approves or disapproves the amendment, or whether the Secretary finds it is necessary to extend the review of the proposed amendment for a period not to exceed 120 days after the date the Secretary received the proposed amendment. The Secretary may extend this period only as necessary to meet the requirements of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.). If the Secretary does not notify the coastal state that the Secretary approves or disapproves the amendment within that period, then the amendment shall be conclusively presumed as approved.
(3)
(A) Except as provided in subparagraph (B), a coastal state may not implement any amendment, modification, or other change as part of its approved management program unless the amendment, modification, or other change is approved by the Secretary under this subsection.
(B) The Secretary, after determining on a preliminary basis, that an amendment, modification, or other change which has been submitted for approval under this subsection is likely to meet the program approval standards in this section, may permit the State to expend funds awarded under this section to begin implementing
the proposed amendment, modification, or change. This preliminary approval shall not extend for more than 6 months and may not be renewed. A proposed amendment, modification, or change which has been given preliminary approval and is not finally approved under this paragraph shall not be considered an enforceable policy for purposes of section 1456 of this title....
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