I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CONCLUSIVE PRESUMPTION FOR CERTAIN AC-
TIVITIES. 
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 AC-
TIVITIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), with respect to a covered activity, a coast-
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al 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 pro-
gram 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 sub-
mitted 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 
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‘‘(iv) if no recent Federal data is 
available, data from the State agencies of 
such area the Secretary determines appro-
priate. 
‘‘(C) AREA WITH A LOW PER CAPITA IN-
COME.—The term ‘area with low per capita in-
come’ means an area where the per capita in-
come is not more than 20 percent less than the 
national average per capita income, as deter-
mined 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 Sec-
retary determines appropriate. 
‘‘(D) COVERED ACTIVITY.—The term ‘cov-
ered 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 na-
tional or regional economic impact. 
‘‘(E) CRITICAL
INFRASTRUCTURE.—The 
term ‘critical infrastructure’ has the meaning 
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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 Govern-
ment; and 
‘‘(ii) that involves— 
‘‘(I) the planning, construction, 
maintenance, or improvement of crit-
ical infrastructure; 
‘‘(II) a facility or an activity as-
sociated with any critical infrastruc-
ture sectors; or 
‘‘(III) a material or asset that is 
essential to the operation, mainte-
nance, or development of critical in-
frastructure. 
‘‘(G) CRITICAL
INFRASTRUCTURE
SEC-
TORS.—The term ‘critical infrastructure sec-
tors’ has the meaning given the term in section 
2001 of the Homeland Security Act of 2002 (6 
U.S.C. 601). 
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‘‘(H) DISASTER RECOVERY OR MITIGATION 
ACTIVITY.—The term ‘disaster recovery or miti-
gation activity’ means an activity— 
‘‘(i) that is authorized or funded in 
whole or in part by the Federal Govern-
ment; 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 prop-
erty. 
‘‘(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 
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given the term in section 3 of the National Se-
curity Act of 1947 (50 U.S.C. 3003). 
‘‘(K) NATIONAL SECURITY ACTIVITY.—The 
term ‘national security activity’ means an activ-
ity that is carried out by or on behalf of— 
‘‘(i) the Department of Defense; 
‘‘(ii) the Department of Homeland Se-
curity; or 
‘‘(iii) the intelligence community.’’. 
Æ 
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