Page:United States Statutes at Large Volume 104 Part 2.djvu/715

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-307 (including a State which submitted a program before the date of enactment of this Act), shall demonstrate to the Secretary— (1) that the program complies with section 306(d)(14) and (15) of that Act, by not later than 3 years after the date of the enactment of this Act; and (2) that the program complies with section 306(d)(16) of that Act, by not later than 30 months after the date of publication of final guidance under section 6217(g) of this Act. SEC. 6207. RESOURCE MANAGEMENT IMPROVEMENT GRANTS. Section 306A(b)(l) of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455a(b)(l)) is amended by adding before the period at the end the following: ", or for the purpose of restoring and enhancing shellfish production by the purchase and distribution of clutch material on publicly owned reef tracts". SEC. 6208. COASTAL ZONE MANAGEMENT CONSISTENCY. (a) FEDERAL AGENCY ACTIVITIES.— Section 307(c)(l) 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 appealable 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 306(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 (Doastal 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";