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.

Bill Number

H.R. 1874

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Public Lands and Natural Resources

Status

Introduced

Latest Action

2025-03-06: Sponsor introductory remarks on measure. (CR H1032-1033)

Last Updated

2026-02-17T20:11:37Z

AI-Generated Summary

Purpose

This bill (H.R. 1874) aims to amend the Coastal Zone Management Act of 1972 (CZMA) to create a "conclusive presumption" that coastal states automatically agree (or "concur") with certain federal activities in their coastal zones. The goal is to prevent state objections from delaying important federal projects related to national security, infrastructure, disaster response, or economic development in economically disadvantaged areas.

Key Provisions

• Conclusive Presumption of State Concurrence: For "covered activities," coastal states are automatically presumed to agree with federal consistency determinations (assessments that federal actions align with state coastal management plans), certifications by applicants, or findings by state/local governments on federal assistance applications. This applies to:
• National security activities (e.g., those by the Department of Defense, Department of Homeland Security, or intelligence agencies).
• Critical infrastructure projects (e.g., federally funded planning, construction, or maintenance of essential systems like energy, transportation, or water supply, as defined under federal laws like the USA PATRIOT Act and Homeland Security Act).
• Disaster recovery or mitigation activities (e.g., federally funded responses to emergencies or major disasters, as defined in the Stafford Act).
• Activities with significant national or regional economic impact (e.g., federally authorized or funded projects in areas with low per capita income—20% below national average—or high unemployment—at least 1% above national average, using data from sources like the Bureau of Labor Statistics).
• Limitation on State Objections: States cannot use objections or challenges to delay or block these covered activities.
• Secretary's Review Process: The Secretary (likely of Commerce, overseeing NOAA and CZMA) has 30 days to review and issue a written determination nullifying the presumption if the activity does not qualify as "covered." If no determination is made within 30 days, the presumption becomes final and binding.
• Definitions: The bill provides detailed definitions for all key terms to ensure clarity, drawing from existing federal statutes.

Significant Changes to Existing Law

Under the current CZMA (Section 307), federal agencies, applicants, or state/local governments must ensure activities in coastal zones are consistent with approved state management programs. States can object or veto if they disagree, potentially leading to delays or legal disputes. This bill introduces an automatic presumption of state concurrence for covered activities, overriding the typical state review and veto power in these cases. It limits challenges and adds a short federal review window, shifting authority toward federal priorities without eliminating state programs entirely.

Potential Impacts

• Government Agencies: Federal agencies (e.g., Defense, Homeland Security, FEMA) will face fewer delays in approving or executing high-priority projects, streamlining national security, infrastructure, and disaster efforts. The Secretary's office will gain a new review role, potentially increasing administrative workload.
• Citizens: Residents in coastal areas, especially low-income or high-unemployment zones, may see faster economic development, job creation, and infrastructure improvements. However, this could reduce state-level environmental safeguards, potentially affecting local ecosystems, public health, or community input on coastal projects.
• International Relations: Minimal direct impact, as the bill focuses on domestic U.S. coastal management; it does not address foreign activities or cross-border issues.

Main Stakeholders Affected

• Federal Government: Agencies involved in national security, critical infrastructure, and disaster management (e.g., Department of Defense, FEMA, intelligence community).
• State and Local Governments: Coastal states (e.g., California, as the bill's sponsor represents) and local entities, whose authority to review and object to federal activities is limited for covered projects.
• Private Sector and Applicants: Businesses, developers, or organizations seeking federal funding or permits for infrastructure, economic projects, or disaster recovery in coastal zones, who benefit from expedited approvals.
• Communities: Residents and economies in economically distressed coastal areas, gaining potential benefits from quicker development but possibly facing reduced local oversight.

Notable Legal, Constitutional, or Political Implications

• Legal: This alters the federal-state "consistency" framework in environmental law, potentially leading to more litigation if states challenge the presumption as overriding their CZMA-approved programs. Courts may interpret it under federal preemption doctrines, where national interests (e.g., security) justify limiting state authority.
• Constitutional: Raises questions about federalism and the 10th Amendment (reserving powers to states), as it presumes state concurrence without full consent, balancing national priorities against state sovereignty in land-use decisions.
• Political: Positions federal efficiency and economic/security needs above state environmental protections, which could spark debates on development versus conservation; it may appeal to pro-growth interests but face opposition from environmental groups or states valuing local control.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Kiley, Kevin [R-CA-3]

Recent Actions

• 2025-03-06: Sponsor introductory remarks on measure. (CR H1032-1033)
• 2025-03-05: Referred to the House Committee on Natural Resources.
• 2025-03-05: Introduced in House
• 2025-03-05: Introduced in House

Bill Versions

• 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. — issued 2025-03-05 — PDF (8 pages)