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.

This section establishes a conclusive presumption of concurrence by coastal states with federal consistency determinations, certifications, and findings under the Coastal Zone Management Act (CZMA) for covered activities, preventing state objections from delaying such activities. (As background, the CZMA requires federal agency activities affecting coastal zones to be consistent, to the maximum extent practicable, with enforceable policies of approved state management programs.) Covered activities include (1) national security activities carried out by or on behalf of the Department of Defense, Department of Homeland Security, or intelligence community; (2) critical infrastructure projects (i.e., federally authorized or funded planning, construction, maintenance, or improvement of critical infrastructure or associated facilities, materials, or assets in critical infrastructure sectors); (3) disaster recovery or mitigation activities (i.e., federally authorized or funded efforts to address emergencies, major disasters, or significant threats to public health, safety, or property, as determined by FEMA); and (4) activities with significant national or regional economic impact (i.e., federally authorized or funded activities in areas with low per capita income—defined as not more than 20% below the national average—or high unemployment rates—at least 1 percentage point above the national average over the most recent 24-month period). The Secretary of Commerce may nullify the presumption within 30 days if the activity is not covered; otherwise, the presumption becomes final and binding.