96-16402. Coastal Zone Management Program Regulations  

  • [Federal Register Volume 61, Number 126 (Friday, June 28, 1996)]
    [Rules and Regulations]
    [Pages 33802-33819]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-16402]
    
    
    
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    Part II
    
    
    
    
    
    Department of Commerce
    
    
    
    
    
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    National Oceanic and Atmospheric Administration
    
    
    
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    15 CFR Parts 923, 926, 927, 928, 932, and 933
    
    
    
    Coastal Zone Management Program Regulations; Final Rule
    
    Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules 
    and Regulations
    
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    DEPARTMENT OF COMMERCE
    
    National Oceanic and Atmospheric Administration
    
    15 CFR Parts 923, 926, 927, 928, 932, and 933
    
    [Docket No. 960126015-6165-02]
    RIN 0648-AI43
    
    
    Coastal Zone Management Program Regulations
    
    AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
    National Ocean Service (NOS), National Oceanic and Atmospheric 
    Administration (NOAA), Department of Commerce (DOC).
    
    ACTION: Final rule.
    
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    SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) is 
    revising and consolidating its regulations concerning coastal zone 
    management (CZM) program development, approval, grants and evaluation, 
    and removing obsolete rules concerning research and technical 
    assistance. These regulations implement, in part, the Coastal Zone 
    Management Act, as amended (CZMA). The purpose of this rule is to 
    remove outdated provisions and to revise and consolidate remaining 
    provisions. The intended effect of this rule is to make the CZM program 
    regulations more concise and easier to use.
    
    EFFECTIVE DATE: July 29, 1996.
    
    FOR FURTHER INFORMATION CONTACT:
    Roger Eckert, NOAA Office of General Counsel for Ocean Services, at 
    301-713-2967 (ext. 213), fax: 301-713-4408, e-mail: 
    [email protected]
    
    SUPPLEMENTARY INFORMATION:
    
    I. Authority
    
        This rule is issued under the authority of the CZMA, 16 U.S.C. 1451 
    et seq.
    
    II. Background
    
        The CZMA was enacted to encourage and assist the 35 eligible 
    coastal states and territories to develop and implement CZM programs to 
    preserve, protect, develop and, where possible, restore or enhance the 
    resources of the Nation's coasts. In all, 29 coastal states and 
    territories have chosen to participate in this program, and their 
    programs have received federal approval. Five states are currently 
    developing programs for federal approval. Many of the regulations 
    promulgated when the program began are no longer needed, now that the 
    program has matured.
        In March 1995, President Clinton issued a directive to federal 
    agencies regarding their responsibilities under his Regulatory Reform 
    Initiative. This initiative is part of the National Performance Review 
    and calls for immediate, comprehensive regulatory reform. The President 
    directed all agencies to review all of their regulations, with an 
    emphasis on eliminating or modifying those that are obsolete or 
    otherwise in need of reform. This rule is intended to carry out the 
    President's directive with respect to the regulations implementing the 
    Coastal Zone Management program.
        On March 11, 1996 (61 FR 9745-9762), the Office of Ocean and 
    Coastal Resource Management (OCRM) proposed to revise and consolidate 
    these CZM regulations. Concurrent with the issuance of the proposed 
    regulations, OCRM mailed draft guidance to coastal states concerning 
    the program change regulations. OCRM received comments on the proposed 
    revision of the regulations and/or draft program change guidance from 
    the states of: Connecticut, Massachusetts, Michigan, New Hampshire, 
    Oregon, Pennsylvania and Texas. These state comments focused on the 
    proposed revision of 15 CFR 923.80(d) (the definition of a program 
    amendment). OCRM will evaluate the comments directed at the draft 
    guidance, and revise the guidance as appropriate. The comments directed 
    at the proposed revision of the regulations are addressed below. In 
    addition, OCRM will continue to consider these comments in its 
    implementation of the CZMA and these regulations.
        OCRM also received comments from the Federal Emergency Management 
    Agency (FEMA) directed at coastal hazard mitigation efforts. Sections 
    303(2)(K) and 303(3) of the CZMA identify the need to address the 
    adverse effects of coastal hazards, including erosion, land subsidence 
    and flooding. While the regulations already identify hazardous areas as 
    areas of particular concern (15 CFR 923.21(b)(7)), some additional 
    emphasis on coastal hazards has been placed in Sec. 923.25(a) and 
    Sec. 923.50(a)(5) to reflect the CZMA's policies. Coastal states may 
    rely on these interpretive statements when submitting program changes 
    concerning coastal hazard mitigation efforts. In addition, the 
    regulation concerning plan coordination (Sec. 923.56(b)(2)) has been 
    updated, consistent with FEMA's current planning authorities.
        Accordingly, this final rule revises and consolidates the CZM 
    regulations as follows:
    
    A. Consolidates Regulations
    
        The rule consolidates CZM program regulations found in present 15 
    CFR parts 923, 927, 928 and 932 into a revised part 923. This 
    consolidation is expected to make the regulations easier for coastal 
    states, territories and the public to use.
    
    B. Removes Regulations Restating Statutory Language
    
        The rule removes those regulations in 15 CFR part 923 that simply 
    restate provisions contained in the Coastal Zone Management Act. These 
    provisions are replaced, where appropriate, with references to the 
    applicable sections of the CZMA. Removal of these provisions is in 
    accordance with the rules of the Office of the Federal Register which 
    discourage agencies from restating the language of a law in a document 
    intended for publication in the Federal Register.
    
    C. Removes Outdated Provisions and Simplifies Remaining Provisions
    
        The rule removes those regulations in 15 CFR part 923 that are no 
    longer necessary because the CZM program has reached its maturity, and 
    simplifies the remaining provisions. Many of the more detailed 
    regulatory requirements are removed. Since part 923 largely addresses 
    requirements for the development and approval of coastal management 
    programs, many of these changes do not apply to those states that 
    already have federally approved CZM programs. For the eligible coastal 
    states that do not yet have approved programs, OCRM will continue to 
    provide necessary guidance, and actual and timely notice of appropriate 
    application procedures. In particular, OCRM will continue to work with 
    the 5 coastal states currently developing programs in order to ensure 
    that those programs meet the criteria for federal approval. Finally, 
    the rule removes 15 CFR part 933 because it implements a portion of the 
    CZMA that was repealed in 1986. OCRM will provide guidance on a 
    corresponding technical assistance provision that was added to the CZMA 
    in the Coastal Zone Act Reauthorization Amendments of 1990.
    
    D. Updates Program Change Regulations
    
        The rule updates the program change regulations so that they more 
    precisely reflect the structure of coastal management programs. In 
    particular, the four criteria identified at 15 CFR 923.80(d)(1)-(4), by 
    which program changes are assessed by OCRM, are replaced with a 
    reference to the five program approvability areas identified in part 
    923: (1) uses subject to
    
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    management, (2) special management areas, (3) boundaries, (4) 
    authorities and organization, and (5) coordination, public involvement 
    and national interest. These criteria will apply when states submit 
    their proposed program changes to OCRM for review and approval; they 
    are intended to assist in OCRM's evaluation of a program change.
        The revised definition of a program amendment located at 15 CFR 
    923.80(d) is intended to ease rather than increase the administrative 
    burden of states. While the four criteria were an effort to group the 
    program approvability areas, not all program changes fit squarely 
    within the four groups. The rule repeats the headings of subparts B 
    through F of part 923, and so, tracks the program approvability areas. 
    In addition, states may refer to these subparts for assistance in their 
    analysis of a program change. Furthermore, states are no longer 
    required to address those program areas that do not apply to their 
    proposed changes. Rather, the rule allows states to discuss one or more 
    of the program areas that would be affected by a change. Thus, the rule 
    allows states greater flexibility to provide a more focused analysis. 
    OCRM anticipates that the great majority of program change requests 
    will continue to be routine program changes, i.e., OCRM does not 
    anticipate that the revision will increase the number of program 
    changes that are determined to be substantial in nature.
        The element of 15 CFR 923.80(d) relating to special management 
    areas has been simplified from ``criteria or procedures for designating 
    or managing areas [of] particular concern or areas for preservation or 
    restoration,'' to the heading for subpart C of part 923: ``special 
    management areas.'' OCRM does not anticipate that this revision will 
    increase the number of program changes relating to special management 
    areas that will be determined to be amendments. Specifically, the 
    elimination of the phrase ``criteria or procedures for designating or 
    managing'' is not intended to broaden the scope of this element. 
    Conversely, OCRM declines to reinsert this phrase into 15 CFR 923.80(d) 
    because, in practice, this phrase has proven to be of little utility to 
    coastal states submitting program changes in this category. Rather, the 
    test for an amendment to the special management area portion of a 
    coastal management program remains unchanged: the program change must 
    be substantial. In other words, under both the old and the new 
    language, whether a change in this area of a state's program 
    constitutes an amendment requires an evaluation of whether the program 
    change is substantial.
        The addition of ``authorities'' as a partial fifth category in 15 
    CFR 923.80(d) is merely a restructuring of the definition of program 
    amendment. Previously, the term ``authorities'' was used at the outset 
    of the definition of program amendment, and proved to be a source of 
    confusion. Again, the test of whether a change is substantial, and 
    therefore an amendment, remains unchanged. Minor program changes, 
    including minor changes in authorities, remain approvable through the 
    routine program change process.
        The addition of an ``organization'' element to 15 CFR 923.80(d) 
    clarifies that federal approval of coastal programs is indeed 
    predicated, in part, on whether the state is organized to manage its 
    coastal zone in an effective manner. The prior four criteria contained 
    in Sec. 923.80(d) did not assist states in analyzing the impacts of 
    organizational changes, whereas the revision explicitly addresses this 
    area of program approvability. Again, minor program changes, including 
    minor organizational changes, remain approvable through the routine 
    program change process.
        The rule also adds explanatory statements concerning the addition 
    of any enforceable policies to management programs. These statements 
    reflect Congress' increased focus on enforceable policies in the 
    Coastal Zone Act Reauthorization Amendments of 1990. OCRM, federal 
    agencies, applicants for federal licenses or permits, and often the 
    state coastal programs themselves, cannot always identify the 
    enforceable policies in a program. OCRM recognizes that events beyond a 
    coastal management program's control can change the enforceability of a 
    policy. However, OCRM needs to know just what is being changed at the 
    time of a program change, and federal agencies and applicants should be 
    allowed to comment on the enforceable policies submitted for 
    incorporation.
        To be sure, coastal management programs allow for flexibility in 
    state coastal management efforts. Certain changes in coastal management 
    efforts may not need OCRM approval because they do not affect the 
    federally-approved program. In other words, states structured their 
    coastal management programs with varying levels of detail sufficient to 
    ``guide public and private uses of lands and waters in the coastal 
    zone.'' CZMA section 304(12). Depending on the nature of the particular 
    state coastal management program and the nature of the management 
    change, a state may make minor adjustments in how it manages the 
    coastal zone without necessarily changing its approved coastal 
    management program.
        Alternatively, a state may determine that a necessary change in its 
    federally-approved coastal management program is so insignificant that 
    it need not be submitted to OCRM for review. However, the expenditure 
    of CZMA funds is limited to those approved parts of a state's program 
    (with an exception identified in CZMA section 306(e)(3)(B)), as is the 
    requirement of federal consistency. In addition, this regulatory 
    revision does not change the possibility that failure to submit program 
    changes for OCRM approval may lead to adverse evaluation findings (15 
    CFR 928.5(a)(3)(i)(G) has been redesignated as 15 CFR 
    923.135(a)(3)(i)(G)). The routine program change procedure is intended 
    to be an administratively efficient means by which states may submit, 
    on a routine or periodic basis, insubstantial program changes for OCRM 
    review and approval. OCRM shares the desire of coastal states to 
    minimize administrative burdens and will work cooperatively to achieve 
    this goal.
        Finally, the term ``routine program implementation'' is changed to 
    the more descriptive term ``routine program change,'' and existing 
    agency practice that allows for the resubmittal of routine program 
    change requests is codified.
    
    III. Miscellaneous Rulemaking Requirements
    
    Executive Order 12372: Intergovernmental Review
    
        This program is subject to Executive Order 12372.
    
    Executive Order 12612: Federalism Assessment
    
        NOAA has concluded that this regulatory action does not have 
    sufficient federalism implications to warrant the preparation of a 
    Federalism Assessment under Executive Order 12612.
    
    Executive Order 12866: Regulatory Planning and Review
    
        This regulatory action is not significant for purposes of Executive 
    Order 12866.
    
    Regulatory Flexibility Act
    
        The Assistant General Counsel for Legislation and Regulation of the 
    Department of Commerce has certified to the Chief Counsel for Advocacy 
    of the Small Business Administration that the rule will not have a 
    significant impact on a substantial number of small entities because 
    (1) the rule addresses CZM
    
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    programs of coastal states and territories, (2) those provisions that 
    are being removed, because they are outdated or repeat statutory 
    language, are unnecessary for the development and implementation of CZM 
    programs, and (3) the revision and consolidation of remaining 
    provisions will impose no additional burden on small entities. In 
    particular, the update of the CZM program change regulations will help 
    ensure the continued approvability of CZM programs. Accordingly, a 
    Regulatory Flexibility Analysis was not prepared.
    
    Paperwork Reduction Act
    
        The rule contains collection-of-information requirements subject to 
    review and approval by OMB under the Paperwork Reduction Act (PRA). The 
    collection-of-information requirements contained in this rule have been 
    approved under OMB Control Number 0648-0119. The estimated response 
    times for these requirements are 480 hours for management program 
    approval and 8 hours for program amendments and routine program 
    changes. The response estimates shown include the time for reviewing 
    instructions, searching exiting data sources, gathering and maintaining 
    data needed, and completing and reviewing the collection of 
    information.
        Notwithstanding any other provision of the law, no person is 
    required to respond to, nor shall any person be subject to a penalty 
    for failure to comply with a collection of information, subject to the 
    requirements of the PRA, unless that collection of information displays 
    a currently valid OMB Control Number.
    
    National Environmental Policy Act
    
        NOAA has concluded that this regulatory action does not constitute 
    a major federal action significantly affecting the quality of the human 
    environment. Therefore, an environmental impact statement is not 
    required.
    
    List of Subjects
    
    15 CFR Parts 923, 928 and 932
    
        Administrative practice and procedure, Coastal zone, Grant 
    programs--Natural resources, Reporting and recordkeeping requirements.
    
    15 CFR Part 927
    
        Administrative practice and procedure, Coastal zone, Grant 
    programs--Natural resources.
    
    15 CFR Part 933
    
        Administrative practice and procedure, Coastal zone, Grant 
    programs--Natural resources, Reporting and recordkeeping requirements, 
    Research.
    
        Dated: June 21, 1996.
    David Evans,
    Acting Deputy Assistant Administrator for Ocean Services and Coastal 
    Zone Management.
    
        For the reasons set out in the Preamble, 15 CFR Chapter IX is 
    amended as follows:
        1. The heading for Part 923 is revised to read as follows:
    
    PART 923--COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS
    
        2. The table of contents for Part 923 is revised to read as 
    follows:
    
    Subpart A--General
    
    Sec.
    923.1  Purpose and scope.
    923.2  Definitions.
    923.3  General requirements.
    
    Subpart B--Uses Subject to Management
    
    923.10  General.
    923.11  Uses subject to management.
    923.12  Uses of regional benefit.
    923.13  Energy facility planning process.
    
    Subpart C--Special Management Areas
    
    923.20  General.
    923.21  Areas of particular concern.
    923.22  Areas for preservation or restoration.
    923.23  Other areas of particular concern.
    923.24  Shorefront access and protection planning.
    923.25  Shoreline erosion/mitigation planning.
    
    Subpart D--Boundaries
    
    923.30  General.
    923.31  Inland boundary.
    923.32  Lakeward or seaward boundary.
    923.33  Excluded lands.
    923.34  Interstate boundary.
    
    Subpart E--Authorities and Organization
    
    923.40  General.
    923.41  Identification of authorities.
    923.42  State establishment of criteria and standards for local 
    implementation--Technique A.
    923.43  Direct State land and water use planning and regulation--
    Technique B.
    923.44  State review on a case-by-case basis of actions affecting 
    land and water uses subject to the management program--Technique C.
    923.45  Air and water pollution control requirements.
    923.46  Organizational structure.
    923.47  Designated State agency.
    923.48  Documentation.
    
    Subpart F--Coordination, Public Involvement and National Interest
    
    923.50  General.
    923.51  Federal-State consultation.
    923.52  Consideration of the national interest in facilities.
    923.53  Federal consistency procedures.
    923.54  Mediation.
    923.55  Full participation by State and local governments, 
    interested parties, and the general public.
    923.56  Plan coordination.
    923.57  Continuing consultation.
    923.58  Public hearings.
    
    Subpart G--Review/Approval Procedures
    
    923.60  Review/approval procedures.
    Subpart H--Amendments to and Termination of Approved Management 
    Programs
    923.80  General.
    923.81  Requests for amendments.
    923.82  Amendment review/approval procedures.
    923.83  Mediation of amendments.
    923.84  Routine program changes.
    Subpart I--Applications for Program Development of Implementation 
    Grants
    923.90  General.
    923.91  State responsibility.
    923.92  Allocation.
    923.93  Eligible implementation costs.
    923.94  Application for program development or implementation 
    grants.
    923.95  Approval of applications.
    923.96  Grant amendments.
    Subpart J--Allocation of Section 306 Program Administration Grants
    923.110  Allocation formula.
    Subpart K--Coastal Zone Enhancement Grants Program
    923.121  General.
    923.122  Objectives.
    923.123  Definitions.
    923.124  Allocation of section 309 funds.
    923.125  Criteria for section 309 project selection.
    923.126  Pre-application procedures.
    923.127  Formal application for financial assistance and application 
    review and approval procedures.
    923.128  Revisions to assessments and strategies.
    
    Subpart L--Review of Performance
    
    923.131  General.
    923.132  Definitions.
    923.133  Procedure for conducting continuing reviews of approved 
    State CZM programs.
    923.134  Public participation.
    923.135  Enforcement.
    
        3. The authority for Part 923 is revised to read as follows:
    
        Authority: 16 U.S.C. 1452 et seq. Sections 923.92 and 923.94 are 
    also issued under E.O. 12372, July 14, 1982, 3 CFR, 1982 Comp. p. 
    197, as amended by E.O. 12416, April 8, 1983, 3 CFR, 1983 Comp. p. 
    186; (31 U.S.C. 6506; 42 U.S.C. 3334).
    
        4. Subpart J consisting of Secs. 923.90 through 923.98 is removed, 
    and Subparts A through I of Part 923 are revised to read as follows:
    
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    Subpart A--General
    
    
    Sec. 923.1   Purpose and scope.
    
        (a) The regulations in this part set forth the requirements for 
    State coastal management program approval by the Assistant 
    Administrator for Ocean Services and Coastal Zone Management pursuant 
    to the Coastal Zone Management Act of 1972, as amended (hereafter, the 
    Act); the grant application procedures for program funds; conditions 
    under which grants may be terminated; and requirements for review of 
    approved management programs.
        (b) Sections 306 and 307 of the Act set forth requirements which 
    must be fulfilled as a condition of program approval. The specifics of 
    these requirements are set forth below under the following headings: 
    General Requirements; Uses Subject to Management; Special Management 
    Areas; Boundaries; Authorities and Organization; and Coordination, 
    Public Involvement and National Interest. All relevant sections of the 
    Act are dealt with under one of these groupings, but not necessarily in 
    the order in which they appear in the Act.
        (c) In summary, the requirements for program approval are that a 
    State develop a management program that:
        (1) Identifies and evaluates those coastal resources recognized in 
    the Act as requiring management or protection by the State;
        (2) Reexamines existing policies or develops new policies to manage 
    these resources. These policies must be specific, comprehensive, and 
    enforceable;
        (3) Determines specific use and special geographic areas that are 
    to be subject to the management program, based on the nature of 
    identified coastal concerns;
        (4) Identifies the inland and seaward areas subject to the 
    management program;
        (5) Provides for the consideration of the national interest in the 
    planning for and siting of facilities that meet more than local 
    requirements;
        (6) Includes sufficient legal authorities and organizational 
    arrangements to implement the program and to ensure conformance to it. 
    In arriving at these elements of the management program, States are 
    obliged to follow an open process which involves providing information 
    to and considering the interests of the general public, special 
    interest groups, local governments, and regional, State, interstate, 
    and Federal agencies;
        (7) Provides for public participation in permitting processes, 
    consistency determinations, and other similar decisions;
        (8) Provides a mechanism to ensure that all state agencies will 
    adhere to the program; and
        (9) Contains enforceable policies and mechanisms to implement the 
    applicable requirements of the Coastal Nonpoint Pollution Control 
    Program of the state required by section 6217 of the Coastal Zone Act 
    Reauthorization Amendments of 1990.
    
    
    Sec. 923.2  Definitions.
    
        (a) The term Act means the Coastal Zone Management Act of 1972, as 
    amended.
        (b) The term Secretary means the Secretary of Commerce and his/her 
    designee.
        (c) The term Assistant Administrator means the Assistant 
    Administrator for Ocean Services and Coastal Zone Management, National 
    Oceanic and Atmospheric Administration (NOAA), or designee.
        (d)(1) The term relevant Federal agencies means those Federal 
    agencies with programs, activities, projects, regulatory, financing, or 
    other assistance responsibilities in the following fields which could 
    impact or affect a State's coastal zone:
        (i) Energy production or transmission,
        (ii) Recreation of a more than local nature,
        (iii) Transportation,
        (iv) Production of food and fiber,
        (v) Preservation of life and property,
        (vi) National defense,
        (vii) Historic, cultural, aesthetic, and conservation values,
        (viii) Mineral resources and extraction, and
        (ix) Pollution abatement and control.
        (2) The following are defined as relevant Federal agencies: 
    Department of Agriculture; Department of Commerce; Department of 
    Defense; Department of Education; Department of Energy; Department of 
    Health and Human Services; Department of Housing and Urban Development; 
    Department of the Interior; Department of Transportation; Environmental 
    Protection Agency; Federal Energy Regulatory Commission; General 
    Services Administration, Nuclear Regulatory Commission; Federal 
    Emergency Management Agency.
        (e) The term Federal agencies principally affected means the same 
    as ``relevant Federal agencies.'' The Assistant Administrator may 
    include other agencies for purposes of reviewing the management program 
    and environmental impact statement.
        (f) 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. Pursuant 
    to section 304(3) of the Act, the term also includes Puerto Rico, the 
    Virgin Islands, Guam, and American Samoa. Pursuant to section 703 of 
    the Covenant to Establish a Commonwealth of the Northern Mariana 
    Islands in Political Union with the United States of America, the term 
    also includes the Northern Marianas.
        (g) The term management program includes, but is not limited to, a 
    comprehensive statement in words, maps, illustrations, or other media 
    of communication, including an articulation of enforceable policies and 
    citation of authorities providing this enforceability, prepared and 
    adopted by the State in accordance with the provisions of this Act and 
    this part, setting forth objectives, policies, and standards to guide 
    public and private uses of lands and waters in the coastal zone.
        (h) The following terms, as used in these regulations, have the 
    same definition as provided in section 304 of the Act:
        (1) Coastal zone;
        (2) Coastal waters;
        (3) Enforceable policy;
        (4) Estuary;
        (5) Land use; and
        (6) Water use.
        (i) The term grant means a financial assistance instrument and 
    refers to both grants and cooperative agreements.
    
    
    Sec. 923.3  General requirements.
    
        (a) The management program must be developed and adopted in 
    accordance with the requirements of the Act and this part, after 
    notice, and the opportunity for full participation by relevant Federal 
    and State agencies, local governments, regional organizations, port 
    authorities, and other interested parties and persons, and be adequate 
    to carry out the purposes of the Act and be consistent with the 
    national policy set forth in section 303 of the Act.
        (b) The management program must provide for the management of those 
    land and water uses having a direct and significant impact on coastal 
    waters and those geographic areas which are likely to be affected by or 
    vulnerable to sea level rise. The program must include provisions to 
    assure the appropriate protection of those significant resources and 
    areas, such as wetlands, beaches and dunes, and barrier islands, that 
    make the State's coastal zone a unique, vulnerable, or valuable area.
        (c) The management program must contain a broad class of policies 
    for each
    
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    of the following areas: resource protection, management of coastal 
    development, and simplification of governmental processes. These three 
    broad classes must include specific policies that provide the framework 
    for the exercise of various management techniques and authorities 
    governing coastal resources, uses, and areas. The three classes must 
    include policies that address uses of or impacts on wetlands and 
    floodplains within the State's coastal zone, and that minimize the 
    destruction, loss or degradation of wetlands and preserve and enhance 
    their natural values in accordance with the purposes of Executive Order 
    11990, pertaining to wetlands. These policies also must reduce risks of 
    flood loss, minimize the impact of floods on human safety, health and 
    welfare, and preserve the natural, beneficial values served by 
    floodplains, in accordance with the purposes of Executive Order 11988, 
    pertaining to floodplains.
        (d) The policies in the program must be appropriate to the nature 
    and degree of management needed for uses, areas, and resources 
    identified as subject to the program.
        (e) The policies, standards, objectives, criteria, and procedures 
    by which program decisions will be made must provide:
        (1) A clear understanding of the content of the program, especially 
    in identifying who will be affected by the program and how, and
        (2) A clear sense of direction and predictability for 
    decisionmakers who must take actions pursuant to or consistent with the 
    management program.
    
    Subpart B--Uses Subject to Management
    
    
    Sec. 923.10  General.
    
        This subpart sets forth the requirements for management program 
    approvability with respect to land and water uses which, because of 
    their direct and significant impacts on coastal waters or those 
    geographic areas likely to be affected by or vulnerable to sea level 
    rise, are subject to the terms of the management program. This subpart 
    deals in full with the following subsections of the Act: 306(d)(1)(B), 
    Uses Subject to the Management Program, 306(d)(2)(H), Energy Facility 
    Planning, and 306(d)(12)(B), Uses of Regional Benefit.
    
    
    Sec. 923.11  Uses subject to management.
    
        (a) (1) The management program for each coastal state must include 
    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.
        (2) The management program must identify those land and water uses 
    that will be subject to the terms of the management program. These uses 
    shall be those with direct and significant impacts on coastal waters or 
    on geographic areas likely to be affected by or vulnerable to sea level 
    rise.
        (3) The management program must explain how those uses identified 
    in paragraph (a)(2) of this section will be managed. The management 
    program must also contain those enforceable policies, legal 
    authorities, performance standards or other techniques or procedures 
    that will govern whether and how uses will be allowed, conditioned, 
    modified, encouraged or prohibited.
        (b) In identifying uses and their appropriate management, a State 
    should analyze the quality, location, distribution and demand for the 
    natural and man-made resources of their coastal zone, and should 
    consider potential individual and cumulative impacts of uses on coastal 
    waters.
        (c) States should utilize the following types of analyses:
        (1) Capability and suitability of resources to support existing or 
    projected uses;
        (2) Environmental impacts on coastal resources;
        (3) Compatibility of various uses with adjacent uses or resources;
        (4) Evaluation of inland and other location alternatives; and
        (5) Water dependency of various uses and other social and economic 
    considerations.
        (d) Examination of the following factors is suggested:
        (1) Air and water quality;
        (2) Historic, cultural and esthetic resources where coastal 
    development is likely to affect these resources;
        (3) Open space or recreational uses of the shoreline where 
    increased access to the shorefront is a particularly important concern;
        (4) Floral and faunal communities where loss of living marine 
    resources or threats to endangered or threatened coastal species are 
    particularly important concerns.
        (5) Information on the impacts of global warming and resultant sea 
    level rise on natural resources such as beaches, dunes, estuaries, and 
    wetlands, on salinization of drinking water supplies, and on 
    properties, infrastructure and public works.
    
    
    Sec. 923.12  Uses of regional benefit.
    
        The management program must contain 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. To this end, the management program must:
        (a) Identify what constitutes uses of regional benefit; and
        (5) Identify and utilize any one or a combination of methods, 
    consistent with the control techniques employed by the State, to assure 
    local land and water use regulations do not unreasonably restrict or 
    exclude uses of regional benefit.
    
    
    Sec. 923.13  Energy facility planning process.
    
        The management program must contain 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. (See subsection 304(5) 
    of the Act.) This process must contain the following elements:
        (a) Identification of energy facilities which are likely to locate 
    in, or which may significantly affect, a State's coastal zone;
        (5) Procedures for assessing the suitability of sites for such 
    facilities designed to evaluate, to the extent practicable, the costs 
    and benefits of proposed and alternative sites in terms of State and 
    national interests as well as local concerns;
        (c) Articulation and identification of enforceable State policies, 
    authorities and techniques for managing energy facilities and their 
    impacts; and
        (d) Identification of how interested and affected public and 
    private parties will be involved in the planning process.
    
    Subpart C--Special Management Areas
    
    
    Sec. 923.20  General.
    
        (a) This subpart sets forth the requirements for management program 
    approvability with respect to areas of particular concern because of 
    their coastal-related values or characteristics, or because they may 
    face pressures which require detailed attention beyond the general 
    planning and regulatory system which is part of the management program. 
    As a result, these areas require special management attention within 
    the terms of the State's overall coastal program. This special 
    management may include regulatory or permit requirements applicable 
    only to the area of particular concern. It also may include increased 
    intergovernmental coordination, technical, assistance,
    
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    enhanced public expenditures, or additional public services and 
    maintenance to a designated area. This subpart deals with the following 
    subsections of the Act: 306(d)(2)(C)-Geographic Areas of Particular 
    Concern; 306(d)(2)(E)-Guidelines on Priorities of Uses; 306(d)(2)(G)-
    Shorefront Access and protection Planning; 306(d)(2)(I)-Shoreline 
    Erosion/Mitigation Planning; and 306(d)(9)-Areas for Preservation and 
    Restoration.
        (b) The importance of designating areas of particular concern for 
    management purposes and the number and type of areas that should be 
    designated is directly related to the degree of comprehensive controls 
    applied throughout a State's coastal zone. Where a State's general 
    coastal management policies and authorities address state and national 
    concerns comprehensively and are specific with respect to particular 
    resources and uses, relatively less emphasis need be placed on 
    designation of areas of particular concern. Where these policies are 
    limited and non-specific, greater emphasis should be placed on areas of 
    particular concern to assure effective management and an adequate 
    degree of program specificity.
    
    
    Sec. 923.21  Areas of particular concern.
    
        (a) The management program must include an inventory and 
    designation of areas of particular concern within the coastal zone, on 
    a generic and/or site-specific basis, and broad guidelines on 
    priorities of uses in particular areas, including specifically those 
    uses of lowest priority.
        (b) In developing criteria for inventorying and designating areas 
    of particular concern. States must consider whether the following 
    represent areas of concern requiring special management:
        (1) Areas of unique, scarce, fragile or vulnerable natural habitat; 
    unique or fragile, physical, figuration (as, for example, Niagara 
    Falls); historical significance, cultural value or scenic importance 
    (including resources on or determined to be eligible for the National 
    Register of Historic Places.);
        (2) Areas of high natural productivity or essential habitat for 
    living resources, including fish, wildlife, and endangered species and 
    the various trophic levels in the food web critical to their well-
    being;
        (3) Areas of substantial recreational value and/or opportunity;
        (4) Areas where developments and facilities are dependent upon the 
    utilization of, or access to, coastal waters;
        (5) Areas of unique hydrologic, geologic or topographic 
    significance for industrial or commercial development or for dredge 
    spoil disposal;
        (6) Areas or urban concentration where shoreline utilization and 
    water uses are highly competitive;
        (7) Areas where, if development were permitted, it might be subject 
    to significant hazard due to storms, slides, floods, erosion, 
    settlement, salt water intrusion, and sea level rise;
        (8) Areas needed to protect, maintain or replenish coastal lands or 
    resources including coastal flood plains, aquifers and their recharge 
    areas, estuaries, sand dunes, coral and other reefs, beaches, offshore 
    sand deposits and mangrove stands.
        (c) Where states will involve local governments, other state 
    agencies, federal agencies and/or the public in the process of 
    designating areas of particular concern, States must provide guidelines 
    to those who will be involved in the designation process. These 
    guidelines shall contain the purposes, criteria, and procedures for 
    nominating areas of particular concern.
        (d) In identifying areas of concern by location (if site specific) 
    or category of coastal resources (if generic), the program must contain 
    sufficient detail to enable affected landowners, governmental entities 
    and the public to determine with reasonable certainty whether a given 
    area is designated.
        (e) In identifying areas of concern, the program must describe the 
    nature of the concern and the basis on which designations were made.
        (f) The management program must describe how the management program 
    addresses and resolves the concerns for which areas are designated; and
        (g) The management program must provide guidelines regarding 
    priorities of uses in these areas, including guidelines on uses of 
    lowest priority.
    
    
    Sec. 923.22  Areas for preservation or restoration.
    
        The management program must include procedures whereby specific 
    areas may be designated for the purpose of preserving or restoring them 
    for their conservation, recreational, ecological, historical or 
    esthetic values, and the criteria for such designations.
    
    
    Sec. 923.23  Other areas of particular concern.
    
        (a) The management program may, but is not required to, designate 
    specific areas known to require additional or special management, but 
    for which additional management techniques have not been developed or 
    necessary authorities have not been established at the time of program 
    approval. If a management program includes such designations, the basis 
    for designation must be clearly stated, and a reasonable time frame and 
    procedures must be set forth for developing and implementing 
    appropriate management techniques. These procedures must provide for 
    the development of those items required in Sec. 923.21. The management 
    program must identify an agency (or agencies) capable of formulating 
    the necessary management policies and techniques.
        (b) The management program must meet the requirements of 
    Sec. 923.22 for containing procedures for designating areas for 
    preservation or restoration. The management program may include 
    procedures and criteria for designating areas of particular concern for 
    other than preservation or restoration purposes after program approval.
    
    
    Sec. 923.24  Shorefront access and protection planning.
    
        (a) The management program must include 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.
        (b) The basic purpose in focusing special planning attention on 
    shorefront access and protection is to provide public beaches and other 
    public coastal areas of environmental, recreational, historic, 
    esthetic, ecological or cultural value with special management 
    attention within the purview of the State's management program. This 
    special management attention may be achieved by designating public 
    shorefront areas requiring additional access or protection as areas of 
    particular concern pursuant to Sec. 923.21 or areas for preservation or 
    restoration pursuant to Sec. 923.22.
        (c) The management program must contain a procedure for assessing 
    public beaches and other public areas, including State owned lands, 
    tidelands and bottom lands, which require access or protection, and a 
    description of appropriate types of access and protection.
        (d) The management program must contain a definition of the term 
    ``beach'' that is the broadest definition allowable under state law or 
    constitutional provisions, and an identification of public areas 
    meeting that definition.
        (e) The management program must contain an identification and 
    description of enforceable policies, legal authorities, funding program 
    and other techniques that will be used to provide such shorefront 
    access and protection that the State's planning process indicates is 
    necessary.
    
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    Sec. 923.25  Shoreline erosion/mitigation planning.
    
        (a) The management program must include a planning process for 
    assessing the effects of, and studying and evaluating ways to control, 
    or lessen the impact of, shoreline erosion, including potential impacts 
    of sea level rise, and to restore areas adversely affected by such 
    erosion. this planning process may be within the broader context of 
    coastal hazard mitigation planning.
        (b) The basic purpose in developing this planning process is to 
    give special attention to erosion issues. This special management 
    attention may be achieved by designating erosion areas as areas of 
    particular concern pursuant to Sec. 923.21 or as areas for preservation 
    or restoration pursuant to Sec. 923.22.
        (c) The management program must include an identification and 
    description of enforceable policies, legal authorities, funding 
    techniques and other techniques that will be used to manage the effects 
    of erosion, including potential impacts of sea level rise, as the 
    state's planning process indicates is necessary.
    
    Subpart D--Boundaries
    
    
    Sec. 923.30  General.
    
        This subpart sets forth the requirements for management program 
    approvability with respect to boundaries of the coastal zone. There are 
    four elements to a State's boundary: the inland boundary, the seaward 
    boundary, areas excluded from the boundary, and, in most cases, 
    interstate boundaries. Specific requirements with respect to procedures 
    for determining and identifying these boundary elements are discussed 
    in the sections of this subpart that follow.
    
    
    Sec. 923.31  Inland boundary.
    
        (a) The inland boundary of a State's coastal zone must include:
        (1) Those areas the management of which is necessary to control 
    uses which have direct and significant impacts on coastal waters, or 
    are likely to be affected by or vulnerable to sea level rise, pursuant 
    to section 923.11 of these regulations.
        (2) Those special management areas identified pursuant to 
    Sec. 923.21;
        (3) Waters under saline influence-waters containing a significant 
    quantity of seawater, as defined by and uniformly applied by the State;
        (4) Salt marshes and wetlands-Areas subject to regular inundation 
    of tidal salt (or Great Lakes) waters which contain marsh flora typical 
    of the region;
        (5) Beaches-The area affected by wave action directly from the sea. 
    Examples are sandy beaches and rocky areas usually to the vegetation 
    line;
        (6) Transitional and intertidal areas-Areas subject to coastal 
    storm surge, and areas containing vegetation that is salt tolerant and 
    survives because of conditions associated with proximity to coastal 
    waters. Transitional and intertidal areas also include dunes and rocky 
    shores to the point of upland vegetation;
        (7) Islands-Bodies of land surrounded by water on all sides. 
    Islands must be included in their entirety, except when uses of 
    interior portions of islands do not cause direct and significant 
    impacts.
        (8) The inland boundary must be presented in a manner that is clear 
    and exact enough to permit determination of whether property or an 
    activity is located within the management area. States must be able to 
    advise interested parties whether they are subject to the terms of the 
    management program within, at a maximum, 30 days of receipt of an 
    inquiry. An inland coastal zone boundary defined in terms of political 
    jurisdiction (e.g., county, township or municipal lines) cultural 
    features (e.g., highways, railroads), planning areas (e.g., regional 
    agency jurisdictions, census enumeration districts), or a uniform 
    setback line is acceptable so long as it includes the areas 
    indentified.
        (b) The inland boundary of a State's coastal zone may include:
        (1) Watersheds-A state may determine some uses within entire 
    watersheds which have direct and significant impact on coastal waters 
    or are likely to be affected by or vulnerable to sea level rise. In 
    such cases it may be appropriate to define the coastal zone as 
    including these watersheds.
        (2) Areas of tidal influence that extend further inland than waters 
    under saline influence; particularly in estuaries, deltas and rivers 
    where uses inland could have direct and significant impacts on coastal 
    waters or areas that are likely to be affected by or vulnerable to sea 
    level rise.
        (3) Indian lands not held in trust by the Federal Government.
        (c) In many urban areas or where the shoreline has been modified 
    extensively, natural system relationships between land and water may be 
    extremely difficult, if not, impossible, to define in terms of direct 
    and significant impacts. Two activities that States should consider as 
    causing direct and significant impacts on coastal waters in urban areas 
    are sewage discharges and urban runoff. In addition, States should 
    consider dependency of uses on water access and visual relationships as 
    factors appropriate for the determination of the inland boundary in 
    highly urbanized areas.
    
    
    Sec. 923.32  Lakeward or seaward boundary.
    
        (a) (1) For states adjoining the Great Lakes, the lakeward boundary 
    of the State's coastal zone is the international boundary with Canada 
    or the boundaries with adjacent states. For states adjacent to the 
    Atlantic or Pacific Ocean, or the Gulf of Mexico, the seaward boundary 
    is the outer limit of state title and ownership under the Submerged 
    Lands Act (48 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. 1681 note) or section 
    1 of the Act of November 10, 1963, (48 U.S.C. 1705, as applicable).
        (2) The requirement for defining the seaward boundary of a State's 
    coastal zone can be met by a simple restatement of the limits defined 
    in this section, unless there are water areas which require a more 
    exact delineation because of site specific policies associated with 
    these areas. Where States have site specific policies for particular 
    water areas, these shall be mapped, described or referenced so that 
    their location can be determined reasonably easily by any party 
    affected by the policies.
        (b) The seaward limits, as defined in this section, are for 
    purposes of this program only and represent the area within which the 
    State's management program may be authorized and financed. These limits 
    are irrespective of any other claims States may have by virtue of other 
    laws.
    
    
    Sec. 923.33  Excluded lands.
    
        (a) The boundary of a State's coastal zone must exclude lands 
    owned, leased, held in trust or whose use is otherwise by law subject 
    solely to the discretion of the Federal Government, its officers or 
    agents. To meet this requirement, the program must describe, list or 
    map lands or types of lands owned, leased, held in trust or otherwise 
    used solely by Federal agencies.
        (b) The exclusion of Federal lands does not remove Federal agencies 
    from the obligation of complying with the consistency provisions of 
    section 307 of the Act when Federal actions on these excluded lands 
    have spillover impacts that affect any land or water use or natural 
    resource of the coastal zone within the purview of a state's management 
    program. In excluding Federal lands from a State's coastal zone
    
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    for the purposes of this Act, a State does not impair any rights or 
    authorities that it may have over Federal lands that exist separate 
    from this program.
    
    
    Sec. 923.34   Interstate boundary.
    
        States must document that there has been consultation and 
    coordination with adjoining coastal States regarding delineation of any 
    adjacent inland and lateral seaward boundary.
    
    Subpart E--Authorities and Organization
    
    
    Sec. 923.40   General.
    
        (a) This subpart sets forth the requirements for management program 
    approvability with respect to authorities and organization. The 
    authorities and organizational structure on which a State will rely to 
    administer its management program are the crucial underpinnings for 
    enforcing the policies which guide the management of the uses and areas 
    identified in its management program. There is a direct relationship 
    between the adequacy of authorities and the adequacy of the overall 
    program. The authorities need to be broad enough in both geographic 
    scope and subject matter to ensure implementation of the State's 
    enforceable policies. These enforceable policies must be sufficiently 
    comprehensive and specific to regulate land and water uses, control 
    development, and resolve conflicts among competing uses in order to 
    assure wise use of the coastal zone. (Issues relating to the adequate 
    scope of the program are dealt with in Sec. 923.3.)
        (b) The entity or entities which will exercise the program's 
    authorities is a matter of State determination. They may be the state 
    agency designated pursuant to section 306(d)(6) of the Act, other state 
    agencies, regional or interstate bodies, and local governments. The 
    major approval criterion is a determination that such entity or 
    entities are required to exercise their authorities in conformance with 
    the policies of the management program. Accordingly, the essential 
    requirement is that the State demonstrate that there is a means of 
    ensuring such compliance. This demonstration will be in the context of 
    one or a combination of the three control techniques specified in 
    section 306(d)(11) of the Act. The requirements related to section 
    306(d)(12) of the Act are described in Sec. Sec. 923.42 through 923.44 
    of this subchapter.
        (c) In determining the adequacy of the authorities and organization 
    of a state's programs, the Assistant Administrator will review and 
    evaluate authorities and organizational arrangements in light of the 
    requirements of this subpart and the finding of section 302(h) of the 
    Act.
        (d) The authorities requirements of the Act dealt with in this 
    subpart are those contained in subsections 306(d)(2)(D)-Means of 
    Control; 306(d)(10)-Authorities; 306(d)(10)(A)-Control Development and 
    Resolve Conflicts; 306(d)(10)(B)-Powers of Acquisition; 306(d)(11)-
    Techniques of Control; and 307(f)-Air and Water Quality Control 
    Requirements. The organization requirements of the Act dealt with in 
    this subpart are those contained in sections 306(d)(2)(F)-
    Organizational Structure; 306(d)(6)-Designated State Agency; and 
    306(d)(7)-Organization.
    
    
    Sec. 923.41   Identification of authorities.
    
        (a) (1) The management program must identify the means by which the 
    state proposes to exert control over the permissible land uses and 
    water uses within the coastal zone which have a direct and significant 
    impact on the coastal waters, including a listing of relevant state 
    constitutional provisions, laws, regulations, and judicial decisions. 
    These are the means by which the state will enforce its coastal 
    management policies. (See section 304(6a) of the Act.)
        (2) The state chosen agency or agencies (including local 
    governments, area-wide agencies, regional agencies, or interstate 
    agencies) must have the authority for the management of the coastal 
    zone. Such authority includes the following powers:
        (i) 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
        (ii) 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.
        (b) In order to meet these requirements, the program must identify 
    relevant state constitutional provisions, statutes, regulations, case 
    law and such other legal instruments (including executive orders and 
    interagency agreements) that will be used to carry out the state's 
    management program, including the authorities pursuant to sections 
    306(d)(10) and 306(d)(11) of the Act which require a state to have the 
    ability to:
        (1) Administer land and water use regulations in conformance with 
    the policies of the management program;
        (2) Control such development as is necessary to ensure compliance 
    with the management program;
        (3) Resolve conflicts among competing uses; and
        (4) Acquire appropriate interest in lands, waters or other property 
    as necessary to achieve management objectives. Where acquisition will 
    be a necessary technique for accomplishing particular program policies 
    and objectives, the management program must indicate for what purpose 
    acquisition will be used (i.e., what policies or objectives will be 
    accomplished); the type of acquisition (e.g., fee simple, purchase of 
    easements, condemnation); and what agency (or agencies) of government 
    have the authority for the specified type of acquisition.
    
    
    Sec. 923.42   State establishment of criteria and standards for local 
    implementation-Technique A.
    
        (a) The management program must provide for any one or a 
    combination of general techniques specified in subsection 306(d)(11) of 
    the Act for control of land uses and water uses within the coastal 
    zone. The first such control technique, at subsection 306(d)(11)(A) of 
    the Act, is state establishment of criteria and standards for local 
    implementation, subject to administrative review and enforcement 
    (control technique A).
        (b) There are 5 principal requirements that control technique A 
    must embody in order to be approved:
        (1) The State must have developed and have in effect at the time of 
    program approval enforceable policies that meet the requirements of 
    Sec. 923.3. These policies must serve as the standards and criteria for 
    local program development or the State must have separate standards and 
    criteria, related to these enforceable policies, that will guide local 
    program development.
        (2) During the period while local programs are being developed, a 
    State must have sufficient authority to assure that land and water use 
    decisions subject to the management program will comply with the 
    program's enforceable policies. The adequacy of these authorities will 
    be judged on the same basis as specified for direct State controls or 
    case-by-case reviews.
        (3) A State must be able to ensure that coastal programs will be 
    developed pursuant to the State's standards and criteria, or failing 
    this, that the management program can be implemented directly by the 
    State. This requirement can be met if a State can exercise any one of 
    the following techniques:
    
    [[Page 33810]]
    
        (i) Direct State enforcement of its standards and criteria in which 
    case a State would need to meet the requirements of this section which 
    address the direct State control technique;
        (ii) Preparation of a local program by a State agency which the 
    local government then would implement. To use this technique the State 
    must have statutory authority to prepare and adopt a program for a 
    local government, and a mechanism by which the State can cause the 
    local government to enforce the State-created program. Where the 
    mechanism to assure local enforcement will be judicial relief, the 
    program must include the authority under which judicial relief can be 
    sought;
        (iii) State preparation and enforcement of a program on behalf of a 
    local government. Here the State must have the authority to:
        (A) Prepare and adopt a plan, regulations, and ordinances for the 
    local government and
        (B) Enforce such plans, regulations and ordinances;
        (iv) State review of local government actions on a case-by-case 
    basis or on appeal, and prevention of actions inconsistent with the 
    standards and criteria. Under this technique, when a local government 
    fails to adopt an approvable program, the State must have the ability 
    to review activities in the coastal zone subject to the management 
    program and the power to prohibit, modify or condition those activities 
    based on the policies, standards and criteria of the management 
    program; or
        (v) If a locality fails to adopt a management program, the State 
    may utilize a procedure whereby the responsibility for preparing a 
    program shifts to an intermediate level government, such as a county. 
    If this intermediate level of government fails to produce a program, 
    then the State must have the ability to take one of the actions 
    described above. This alternative cannot be used where the intermediate 
    level of government lacks the legal authority to adopt and implement 
    regulations necessary to implement State policies, standards and 
    criteria.
        (4) A State must have a procedure whereby it reviews and certifies 
    the local program's compliance with State standards and criteria. This 
    procedure must include provisions for:
        (i) Opportunity for the public and governmental entities (including 
    Federal agencies) to participate in the development of local programs; 
    and
        (ii) Opportunity for the public and governmental entities 
    (including Federal agencies) to make their views known (through public 
    hearings or other means) to the State agency prior to approval of local 
    programs; and
        (iii) Review by the State of the adequacy of local programs 
    consideration of facilities identified in a State's management program 
    in which there is a national interest.
        (5) A State must be able to assure implementation and enforcement 
    of a local program once approved. To accomplish this a State must:
        (i) Establish a monitoring system which defines what constitutes 
    and detects patterns of non-compliance. In the case of uses of regional 
    benefit and facilities in which there is a national interest, the 
    monitoring system must be capable of detecting single instances of 
    local actions affecting such uses or facilities in a manner contrary to 
    the management program.
        (ii) Be capable of assuring compliance when a pattern of deviation 
    is detected or when a facility involving identified national interests 
    or a use of regional benefit is affected in a manner contrary to the 
    program's policies. When State action is required because of failure by 
    a local government to enforce its program, the State must be able to do 
    one or a combination of the following:
        (A) Directly enforce the entire local program;
        (B) Directly enforce that portion of the local program that is 
    being enforced improperly. State intervention would be necessary only 
    in those local government activities that are violating the policies, 
    standards or criteria.
        (C) Seek judicial relief against local government for failure to 
    properly enforce;
        (D) Review local government actions on a case-by-case basis or on 
    appeal and have the power to prevent those actions inconsistent with 
    the policies and standards.
        (E) Provide a procedure whereby the responsibility for enforcing a 
    program shifts to an intermediate level of government, assuming 
    statutory authority exists to enable the immediate of government to 
    assume this responsibility.
    
    
    Sec. 923.43  Direct State land and water use planning and regulation- 
    Technique B.
    
        (a) The management program must provide for any one or a 
    combination of general techniques specified in subsection 306(d)(11) of 
    the Act for control of land and water uses within the coastal zone. The 
    second such control technique, at subsection 306(d)(11)(B) of the Act, 
    is direct state land and water use planning and regulation (control 
    technique B).
        (b) To have control technique B approved, the State must have the 
    requisite direct authority to plan and regulate land and water uses 
    subject to the management program. This authority can take the form of:
        (1) Comprehensive legislation--A single piece of comprehensive 
    legislation specific to coastal management and the requirements of this 
    Act.
        (2) Networking--The utilization of authorities which are compatible 
    with and applied on the basis of coastal management policies developed 
    pursuant to Sec. 923.3.
        (c) In order to apply the networking concept, the State must:
        (1) Demonstrate that, taken together, existing authorities can and 
    will be used to implement the full range of policies and management 
    techniques identified as necessary for coastal management purposes; and
        (2) Bind each party which exercises statutory authority that is 
    part of the management program to conformance with relevant enforceable 
    policies and management techniques. Parties may be bound to conformance 
    through an executive order, administrative directive or a memorandum of 
    understanding provided that:
        (i) The management program authorities provide grounds for taking 
    action to ensure compliance of networked agencies with the program. It 
    will be sufficient if any of the following can act to ensure 
    compliance: The state agency designated pursuant to subsection 
    306(d)(6) of the Act, the state's Attorney General, another state 
    agency, a local government, or a citizen.
        (ii) The executive order, administrative directive or memorandum of 
    understanding establishes conformance requirements of other State 
    agency activities or authorities to management program policies. A 
    gubernatorial executive order will be acceptable if networked State 
    agency heads are directly responsible to the Governor.
        (3) Where networked State agencies can enforce the management 
    program policies at the time of section 306 approval without first 
    having to revise their operating rules and regulations, then any 
    proposed revisions to such rules and regulations which would enhance or 
    facilitate implementation need not be accomplished prior to program 
    approval. Where State agencies cannot enforce coastal policies without 
    first revising their rules and regulations, then these revisions must 
    be made prior to approval of the State's program by the Assistant 
    Administrator.
    
    [[Page 33811]]
    
    Sec. 923.44  State review on a case-by-case basis of actions affecting 
    land and water uses subject to the management program-Technique C.
    
        (a) The management program must provide for any one or a 
    combination of general techniques specified in subsection 306(d)(11) of 
    the Act for control of land and water uses within the coastal zone. The 
    third such control technique, at subsection 306(d)(11)(C) of the Act, 
    is 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 (control technique C).
        (b) Under case-by-case review, States have the power to review 
    individual development plans, projects or land and water use 
    regulations (including variances and exceptions thereto) proposed by 
    any State or local authority or private developer which have been 
    identified in the management program as being subject to review for 
    consistency with the management program. This control technique 
    requires the greatest degree of policy specificity because compliance 
    with the program will not require any prior actions on the part of 
    anyone affected by the program. Specificity also is needed to avoid 
    challenges that decisions (made pursuant to the management program) are 
    unfounded, arbitrary or capricious.
        (c) To have control technique C approved, a State must:
        (1) Identify the plans, projects or regulations subject to review, 
    based on their significance in terms of impacts on coastal resources, 
    potential for incompatibility with the State's coastal management 
    program, and having greater than local significance;
        (2) Identify the State agency that will conduct this review;
        (3) Include the criteria by which identified plans, projects and 
    regulations will be approved or disapproved;
        (4) Have the power to approve or disapprove identified plans, 
    projects or regulations that are inconsistent with the management 
    program, or the power to seek court review thereof; and
        (5) Provide public notice of reviews and the opportunity for public 
    hearing prior to rendering a decision on each case-by-case review.
    
    
    Sec. 923.45  Air and water pollution control requirements.
    
        The program must incorporate, by reference or otherwise, all 
    requirements established by the Federal Water Pollution Control Act, as 
    amended (Clean Water Act or CWA), or the Clean Air Act, as amended 
    (CAA), or established by the Federal Government or by any state or 
    local government pursuant to such Acts. Such requirements must be the 
    water pollution control and air pollution control requirements 
    applicable to such program. Incorporation of the air and water quality 
    requirements pursuant to the CWA and CAA should involve their 
    consideration during program development, especially with respect to 
    use determinations and designation of areas for special management. In 
    addition, this incorporation will prove to be more meaningful if close 
    coordination and working relationships between the State agency and the 
    air and water quality agencies are developed and maintained throughout 
    the program development process and after program approval.
    
    
    Sec. 923.46  Organizational structure.
    
        The State must be organized to implement the management program. 
    The management program must describe the organizational structure that 
    will be used to implement and administer the management program 
    including a discussion of those state and other agencies, including 
    local governments, that will have responsibility for administering, 
    enforcing and/or monitoring those authorities or techniques required 
    pursuant to the following subsections of the Act: 306(d)(3)(B); 
    306(d)(10); 306(d)(10) (A) and (B); 306(d) (11) and (12); and 307(f). 
    The management program must also describe the relationship of these 
    administering agencies to the state agency designated pursuant to 
    subsection 306(d)(6) of the Act.
    
    
    Sec. 923.47  Designated State agency.
    
        (a) For program approval, the Governor of the state must designate 
    a single state agency to receive and administer the grants for 
    implementing the management program.
        (1) This entity must have the fiscal and legal capability to accept 
    and administer grant funds, to make contracts or other arrangements 
    (such as passthrough grants) with participating agencies for the 
    purpose of carrying out specific management tasks and to account for 
    the expenditure of the implementation funds of any recipient of such 
    monies, and
        (2) This entity must have the administrative capability to monitor 
    and evaluate the management of the State's coastal resources by the 
    various agencies and/or local governments with specified 
    responsibilities under the management program (irrespective of whether 
    such entities receive section 306 funds); to make periodic reports to 
    the Office of Ocean and Coastal Resource Management (OCRM), the 
    Governor, or the State legislature, as appropriate, regarding the 
    performance of all agencies involved in the program. The entity also 
    must be capable of presenting evidence of adherence to the management 
    program or justification for deviation as part of the review by OCRM of 
    State performance required by section 312 of the Act.
        (b) (1) The 306 agency designation is designed to establish a 
    single point of accountability for prudent use of administrative funds 
    in the furtherance of the management and for monitoring of management 
    activities. Designation does not imply that this single agency need be 
    a ``super agency'' or the principal implementation vehicle. It is, 
    however, the focal point for proper administration and evaluation of 
    the State's program and the entity to which OCRM will look when 
    monitoring and reevaluating a State's program during program 
    implementation.
        (2) The requirement for the single designated agency should not be 
    viewed as confining or otherwise limiting the role and responsibilities 
    which may be assigned to this agency. It is up to the State to decide 
    in what manner and to what extent the designated State agency will be 
    involved in actual program implementation or enforcement. In 
    determining the extent to which this agency should be involved in 
    program implementation or enforcement, specific factors should be 
    considered, such as the manner in which local and regional authorities 
    are involved in program implementation, the administrative structure of 
    the State, the authorities to be relied upon and the agencies 
    administering such authorities. Because the designated State agency may 
    be viewed as the best vehicle for increasing the unity and efficiency 
    of a management program, the State may want to consider the following 
    in selecting which agency to designate:
        (i) Whether the designated State entity has a legislative mandate 
    to coordinate other State or local programs, plans and/or policies 
    within the coastal zone;
        (ii) To what extent linkages already exist between the entity, 
    other agencies, and local governments;
        (iii) To what extent management or regulatory authorities affecting 
    the coastal zone presently are administered by the agency; and
        (iv) Whether the agency is equipped to handle monitoring, 
    evaluation and enforcement responsibilities.
    
    [[Page 33812]]
    
    Sec. 923.48  Documentation.
    
        A transmittal letter signed by the Governor is required for the 
    submission of a management program for federal approval. The letter 
    must state that the Governor:
        (a) Has reviewed and approved as State policy, the management 
    program, and any changes thereto, submitted for the approval of the 
    Assistant Administrator.
        (b) Has designated a single State agency to receive and administer 
    implementation grants;
        (c) Attests to the fact that the State has the authorities 
    necessary to implement the management program; and
        (d) Attests to the fact that the State is organized to implement 
    the management program.
    
    Subpart F--Coordination, Public Involvement and National Interest
    
    
    Sec. 923.50  General.
    
        (a) Coordination with governmental agencies having interests and 
    responsibilities affecting the coastal zone, and involvement of 
    interest groups as well as the general public is essential to the 
    development and administration of State coastal management programs. 
    The coordination requirements of this subpart are intended to achieve a 
    proper balancing of diverse interests in the coastal zone. The policies 
    of section 303 of the Act require that there be a balancing of variety, 
    sometimes conflicting, interests, including:
        (1) The preservation, protection, development and, where possible, 
    the restoration or enhancement of coastal resources;
        (2) The achievement of wise use of coastal land and water resources 
    with full consideration for ecological, cultural, historic, and 
    aesthetic values and needs for compatible economic development;
        (3) The involvement of the public, of Federal, state and local 
    governments and of regional agencies in the development and 
    implementation of coastal management programs;
        (4) The management of coastal development to improve, safeguard, 
    and restore coastal water quality; and
        (5) The study and development of plans for addressing the adverse 
    effects of coastal hazards, including erosion, flooding, land 
    subsidence and sea level rise.
        (b) In order to be meaningful, coordination with and participation 
    by various units and levels of government including regional 
    commissions, interest groups, and the general public should begin early 
    in the process of program development and should continue throughout on 
    a timely basis to assure that such efforts will result in substantive 
    inputs into a State's management program. State efforts should be 
    devoted not only to obtaining information necessary for developing the 
    management program but also to obtaining reactions and recommendations 
    regarding the content of the management program and to responding to 
    concerns by interested parties. The requirements for intergovernmental 
    cooperation and public participation continue after program approval.
        (c) This subpart deals with requirements for coordination with 
    governmental entities, interest groups and the general public to assure 
    that their interests are fully expressed and considered during the 
    program development process and that procedures are created to insure 
    continued consideration of their views during program implementation. 
    In addition, this subpart deals with mediation procedures for serious 
    disagreements between States and Federal agencies that occur during 
    program development and implementation. This subpart addresses the 
    requirements of the following subsections of the Act: 306(d)(1)--
    Opportunity for Full Participation; 306(d)(3)(A)--Plan Coordination; 
    306(d)(3)(B)--Continued State-Local Consultation; 306(d)(4)--Public 
    Hearings; 306(d)(8)--Consideration of the National Interest in 
    Facilities; 307(b)--Federal Consultation; and 307(h)--Mediation.
    
    
    Sec. 923.51  Federal-State consultation.
    
        (a) The management program must be developed and adopted with the 
    opportunity of full participation by relevant Federal agencies and with 
    adequate consideration of the views of Federal agencies principally 
    affected by such program.
        (b) By providing relevant Federal agencies with the opportunity for 
    full participation during program development and for adequately 
    considering the views of such agencies, States can effectuate the 
    Federal consistency provisions of subsections 307 (c) and (d) of the 
    Act once their programs are approved. (See 15 CFR part 930 for a full 
    discussion of the Federal consistency provisions of the Act.)
        (c) In addition to the consideration of relevant Federal agency 
    views required during program development, Federal agencies have the 
    opportunity to provide further comment during the program review and 
    approval process. (See subpart G for details on this process.) 
    Moreover, in the event of a serious disagreement between a relevant 
    Federal agency and designated State agency during program development 
    or during program implementation, the mediation provisions of 
    subsection 307(h) of the Act are available. (See Sec. 923.54 for 
    details on mediation.)
        (d) In order to provide an opportunity for participation by 
    relevant Federal agencies and give adequate consideration to their 
    views, each state must:
        (1) Contact each relevant Federal Agency listed in Sec. 923.2(d) 
    and such other Federal agencies as may be relevant, owing to a State's 
    particular circumstances, early in the development of its management 
    program. The purpose of such contact is to develop mutual arrangements 
    or understandings regarding that agency's participation during program 
    development;
        (2) Provide for Federal agency input on a timely basis as the 
    program is developed. Such input shall be related both to information 
    required to develop the management program and to evaluation of and 
    recommendations concerning various elements of the management program;
        (3) Solicit statements from the head of Federal agencies identified 
    in Table 1 of Sec. 923.52(c)(1) as to their interpretation of the 
    national interest in the planning for and siting of facilities which 
    are more than local in nature;
        (4) Summarize the nature, frequency, and timing of contacts with 
    relevant Federal agencies;
        (5) Evaluate Federal comments received during the program 
    development process and, where appropriate in the opinion of the State, 
    accommodate the substance of pertinent comments in the management 
    program. States must consider and evaluate relevant Federal agency 
    views or comments about the following:
        (i) Management of coastal resources for preservation, conservation, 
    development, enhancement or restoration purposes;
        (ii) Statements of the national interest in the planning for or 
    siting of facilities which are more than local in nature;
        (iii) Uses which are subject to the management program;
        (iv) Areas which are of particular concern to the management 
    program;
        (v) Boundary determinations;
        (vi) Shorefront access and protecting planning, energy facility 
    planning and erosion planning processes; and
        (vii) Federally developed or assisted plans that must be 
    coordinated with the management program pursuant to subsection 
    306(d)(3) of the Act.
    
    [[Page 33813]]
    
        (6) Indicate the nature of major comments by Federal agencies 
    provided during program development (either by including copies of 
    comments or by summarizing comments) and discuss any major differences 
    or conflicts between the management program and Federal views that have 
    not been resolved at the time of program submission.
    
    
    Sec. 923.52   Consideration of the national interest in facilities.
    
        (a) The management program must provide 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 State must have considered any applicable 
    national or interstate energy plan or program.
        (b) The primary purpose of this requirement is to assure adequate 
    consideration by States of the national interest involved in the 
    planning for and siting of facilities (which are necessary to meet 
    other than local requirements) during:
        (1) The development of the State's management program,
        (2) The review and approval of the program by the Assistant 
    Administrator, and
        (3) The implementation of the program as such facilities are 
    proposed.
        (c) In order to fulfill this requirement, States must:
        (1) Describe the national interest in the planning for and siting 
    of facilities considered during program development.
        (2) Indicate the sources relied upon for a description of the 
    national interest in the planning for and siting of the facilities.
        (3) Indicate how and where the consideration of the national 
    interest is reflected in the substance of the management program. In 
    the case of energy facilities in which there is a national interest, 
    the program must indicate the consideration given any national or 
    interstate energy plans or programs which are applicable to or affect a 
    state's coastal zone.
        (4) Describe the process for continued consideration of the 
    national interest in the planning for and siting of facilities during 
    program implementation, including a clear and detailed description of 
    the administrative procedures and decisions points where such interest 
    will be considered.
    
    
    Sec. 923.53   Federal consistency procedures.
    
        (a) A State must include in its management program submission, as 
    part of the body of the submission an appendix or an attachment, the 
    procedures it will use to implement the Federal consistency 
    requirements of subsections 307 (c) and (d) of the Act. At a minimum, 
    the following must be included:
        (1) An indication of whether the state agency designated pursuant 
    to subsection 306(d)(6) of the Act or a single other agency will handle 
    consistency review (see 15 CFR 930.18);
        (2) A list of Federal license and permit activities that will be 
    subject to review (see 15 CFR 930.53);
        (3) For States anticipating coastal zone effects from Outer 
    Continental Shelf (OCS) activities, the license and permit list also 
    must include OCS plans which describe in detail Federal license and 
    permit activities (see 15 CFR 930.74); and
        (4) The public notice procedures to be used for certifications 
    submitted for Federal License and permit activities and, where 
    appropriate, for OCS plans (see 15 CFR 930.61 through 930.62 and 
    930.78).
        (b) Beyond the minimum requirements contained in paragraph (a) of 
    this section, States have the option of including:
        (1) A list of Federal activities, including development projects, 
    which in the opinion of the State agency are likely to significantly 
    affect the coastal zone and thereby will require a Federal agency 
    consistency determination (see 15 CFR 930.35); and
        (2) A description of the types of information and data necessary to 
    assess the consistency of Federal license and permit activities and, 
    where appropriate, those described in detail in OCS plans (see 15 CFR 
    930.56 and 930.75).
    
    
    Sec. 923.54   Mediation.
    
        (a) Section 307(h) of the Act provides for mediation of serious 
    disagreement between any Federal agency and a coastal state in the 
    development and implementation of a management program. In certain 
    cases, mediation by the Secretary, with the assistance of the Executive 
    Office of the President, may be an appropriate forum for conflict 
    resolution.
        (b) State-Federal differences should be addressed initially by the 
    parties involved. Whenever a serious disagreement cannot be resolved 
    between the parties concerned, either party may request the informal 
    assistance of the Assistant Administrator in resolving the 
    disagreement. This request shall be in writing, stating the points of 
    disagreement and the reason therefore. A copy of the request shall be 
    sent to the other party to the disagreement.
        (c) If a serious disagreement persists, the Secretary or other head 
    of a relevant Federal agency, or the Governor or the head of the state 
    agency designated by the Governor as administratively responsible for 
    program development (if a state still is receiving section 305 program 
    development grants) or for program implementation (if a state is 
    receiving section 306 program implementation grants) may notify the 
    Secretary in writing of the existence of a serious disagreement, and 
    may request that the Secretary seek to mediate the serious 
    disagreement. A copy of the written request must be sent to the agency 
    with which the requesting agency disagrees and to the Assistant 
    Administrator.
        (d) Secretarial mediation efforts shall last only so long as the 
    parties agree to participate. The Secretary shall confer with the 
    Executive Office of the President, as necessary, during the mediation 
    process.
        (e) Mediation shall terminate:
        (1) At any time the parties agree to a resolution of the serious 
    disagreement,
        (2) If one of the parties withdraws from mediation,
        (3) In the event the parties fail to reach a resolution of the 
    serious disagreement within 15 days following Secretarial mediation 
    efforts, and the parties do not agree to extend mediation beyond that 
    period, or
        (4) For other good cause.
        (f) The availability of the mediation services provided in this 
    section is not intended expressly or implicitly to limit the parties' 
    use of alternate forums to resolve disputes. Specifically, judicial 
    review where otherwise available by law may be sought by any party to a 
    serious disagreement without first having exhausted the mediation 
    process provided herein.
    
    
    Sec. 923.55  Full participation by State and local governments, 
    interested parties, and the general public.
    
        The management program must be developed and adopted with the 
    opportunity of full participation by state agencies, local governments, 
    regional commissions and organizations, port authorities, and other 
    interested public and private parties. To meet this requirement, a 
    State must:
        (a) Develop and make available general information regarding the 
    program design, its content and its status throughout program 
    development;
        (b) Provide a listing, as comprehensive as possible, of all 
    governmental agencies, regional
    
    [[Page 33814]]
    
    organizations, port authorities and public and private organizations 
    likely to be affected by or to have a direct interest in the 
    development and implementation of the management program;
        (c) Indicate the nature of major comments received from interested 
    or affected parties, identified in paragraph (b)(2) of this section, 
    and the nature of the State's response to these comments; and
        (d) Hold public meetings, workshops, etc., during the course of 
    program development at accessible locations and convenient times, with 
    reasonable notice and availability of materials.
    
    
    Sec. 923.56  Plan coordination.
    
        (a) The management program must be coordinated with local, 
    areawide, and interstate plans applicable to areas within the coastal 
    zone--
        (1) Existing on January 1 of the year in which the state's 
    management program is submitted to the Secretary; and
        (2) Which have been developed by a local government, an areawide 
    agency, a regional agency, or an interstate agency.
        (b) A State must insure that the contents of its management program 
    has been coordinated with local, areawide and interstate plans 
    applicable to areas within the coastal zone existing on January 1 of 
    the year in which the State's management program is submitted to the 
    Assistant Administrator for approval. To document this coordination, 
    the management program must:
        (1) Identify local governments, areawide agencies and regional or 
    interstate agencies which have plans affecting the coastal zone in 
    effect on January 1 of the year in which the management program is 
    submitted;
        (2) List or provide a summary of contacts with these entities for 
    the purpose of coordinating the management program with plans adopted 
    by a governmental entity as of January 1 of the year in which the 
    management program is submitted. At a minimum, the following plans, 
    affecting a State coastal zone, shall be reviewed: Land use plans 
    prepared pursuant to section 701 of the Housing and Urban Development 
    Act of 1968, as amended; State and areawide waste treatment facility or 
    management plans prepared pursuant to sections 201 and 208 of the Clean 
    Water Act, as amended; plans and designations made pursuant to the 
    National Flood Insurance Act of 1968, as amended, and the Flood 
    Disaster Protection Act of 1973, as amended; hazard mitigation plans 
    prepared pursuant to section 409 of the Robert T. Stafford Disaster 
    Relief and Emergency Assistance Act; any applicable interstate energy 
    plans or programs developed pursuant to section 309 of the Act; 
    regional and interstate highway plans; plans developed by Regional 
    Action Planning Commission; and fishery management plans developed 
    pursuant to the Fisheries Conservation and Management Act.
        (3) Identify conflicts with those plans of a regulatory nature that 
    are unresolved at the time of program submission and the means that can 
    be used to resolve these conflicts.
    
    
    Sec. 923.57   Continuing consultation.
    
        (a) As required by subsection 306(d)(3)(B) of the Act, a State must 
    establish an effective mechanism for continuing consultation and 
    coordination between the management agency designated pursuant to 
    paragraph (6) of section 306(d) of the Act 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 Act.
        (b) The management program must establish a procedure whereby local 
    governments with zoning authority are notified of State management 
    program decisions which would conflict with any local zoning ordinance 
    decision.
        (1) ``Management program decision'' refers to any major, 
    discretionary policy decisions on the part of a management agency, such 
    as the determination of permissible land and water uses, the 
    designation of areas or particular concern or areas for preservation or 
    restoration, or the decision to acquire property for public uses. 
    Regulatory actions which are taken pursuant to these major decisions 
    are not subject to the State-local consultation mechanisms. A State 
    management program decision is in conflict with a local zoning 
    ordinance if the decision is contradictory to that ordinance. A State 
    management program decision that consists of additional but not 
    contradictory requirements is not in conflict with a local zoning 
    ordinance, decision or other action;
        (2) ``Local government'' refers to these defined in section 304(11) 
    of the Act which have some form of zoning authority.
        (3) ``Local zoning ordinance, decision or other action'' refers to 
    any local government land or water use action which regulates or 
    restricts the construction, alteration of use of land, water or 
    structures thereon or thereunder. These actions include zoning 
    ordinances, master plans and official maps. A local government has the 
    right to comment on a State management program decision when such 
    decision conflicts with the above specified actions;
        (4) Notification must be in writing and must inform the local 
    government of its right to submit comments to the State management 
    agency in the event the proposed State management program decision 
    conflicts with a local zoning ordinance, decision or other action. The 
    effect of providing such notice is to stay State action to implement 
    its management decision for at least a 30-day period unless the local 
    government waives its right to comment.
        (5) ``Waiver'' of the right of local government to comment (thereby 
    permitting a State agency to proceed immediately with implementation of 
    the management program decision) shall result:
        (i) Following State agency receipt of a written statement from a 
    local government indicating that it either:
        (A) Waives its right to comment; or
        (B) Concurs with the management program decision; or
        (C) Intends to take action which conflicts or interferes with the 
    management program decision; or
        (ii) Following a public statement by a local government to the same 
    effect as paragraph (b)(5)(i) of this section; or
        (iii) Following an action by a local government that conflicts or 
    interferes with the management program decision.
        (6) The management program shall include procedures to be followed 
    by a management agency in considering a local government's comments. 
    These procedures shall include, at a minimum, circumstances under which 
    the agency will exercise its discretion to hold a public hearing. Where 
    public hearings will be held, the program must set forth notice and 
    other hearing procedures that will be followed. Following State agency 
    consideration of local comments (when a discretionary public hearing is 
    not held) or following public hearing, the management agency shall 
    provide a written response to the affected local government, affected 
    local government, within a reasonable period of time and prior to 
    implementation of the management program decision, on the results of 
    the agency's consideration of public comments.
    
    
    Sec. 923.58   Public hearings.
    
        The management program must be developed and adopted after the 
    holding of public hearings. A State must:
        (a) Hold a minimum of two public hearings during the course of 
    program
    
    [[Page 33815]]
    
    development, at least one of which will be on the total scope of the 
    coastal management program. Hearings on the total management program do 
    not have to be held on the actual document submitted to the Assistant 
    Administrator for section 306 approval. However, such hearing(s) must 
    cover the substance and content of the proposed management program in 
    such a manner that the general public, and particularly affected 
    parties, have a reasonable opportunity to understand the impacts of the 
    management program. If the hearing(s) are not on the management 
    document per se, all requests for such document must be honored and 
    comments on the document received prior to submission of the document 
    to the Assistant Administrator must be considered;
        (b) Provide a minimum of 30 days public notice of hearing dates and 
    locations;
        (c) Make available for public review, at the time of public notice, 
    all agency materials pertinent to the hearings; and
        (d) Include a transcript or summary of the public hearing(s) with 
    the State's program document or submit same within thirty (30) days 
    following submittal of the program to the Assistant Administrator. At 
    the same time this transcript or summary is submitted to the Assistant 
    Administrator, it must be made available, upon request, to the public.
    
    Subpart G--Review/Approval Procedures
    
    
    Sec. 923.60  Review/approval procedures.
    
        (a) All state management program submissions must contain an 
    environmental assessment at the time of submission of the management 
    program to OCRM for threshold review. In accordance with regulations 
    implementing the National Environmental Policy Act of 1969, as amended, 
    OCRM will assist the State by outlining the types of information 
    required. (See 40 CFR Sec. 1506.5 (a) and (b).)
        (b) Upon submission by a State of its draft management program, 
    OCRM will determine if it adequately meets the requirements of the Act 
    and this part. Assuming positive findings are made and major revisions 
    to the State's draft management program are not required, OCRM will 
    prepare draft and final environmental impact statements, in accordance 
    with National Environmental Policy Act requirements. Because the review 
    process involves preparation and dissemination of draft and final 
    environmental impact statements and lengthy Federal agency review; 
    states should anticipate that it will take at least 7 months between 
    the time a state first submits a draft management program to OCRM for 
    threshold review and the point at which the Assistant Administrator 
    makes a final decision on whether to approve the management program. 
    Certain factors will contribute to lengthening or shortening this time 
    table; these factors are discussed in OCRM guidance on the review/
    approval process. The OCRM guidance also recommends a format for the 
    program document submitted to the Assistant Administrator for review 
    and approval.
    
    Subpart H--Amendments to and Termination of Approved Management 
    Programs
    
    
    Sec. 923.80  General.
    
        (a) This subpart establishes the criteria and procedures by which 
    amendments, modifications or other changes to approved management 
    programs may be made. This subpart also establishes the conditions and 
    procedures by which administrative funding may be terminated for 
    programmatic reasons.
        (b) Any coastal state may amend or modify a management program 
    which it has submitted and which has been approved by the Assistant 
    Administrator under this subsection, subject to the conditions provided 
    for subsection 306(e) of the Act.
        (c) As required by subsection 312(d) of the Act, the Assistant 
    Administrator shall withdraw approval of the management program of any 
    coastal state and shall withdraw financial assistance available to that 
    state under this title as well as any unexpended portion of such 
    assistance, it the Assistant Administrator determines that the coastal 
    state has failed to take the actions referred to in subsection 
    312(c)(2)(A) of the Act.
        (d) For purposes of this subpart, amendments are defined as 
    substantial changes in one or more of the following coastal management 
    program areas:
        (1) Uses subject to management;
        (2) Special management areas;
        (3) Boundaries;
        (4) Authorities and organization; and
        (5) Coordination, public involvement and the national interest.
        (e) OCRM will provide guidance on program changes. The five program 
    management areas identified in Sec. 923.80(d) are also discussed in 
    subpart B through F of this part.
    
    
    Sec. 923.81  Requests for amendments.
    
        (a) Requests for amendments shall be submitted to the Assistant 
    Administrator by the Governor of a coastal state with an approved 
    management program or by the head of the state agency (designated 
    pursuant to subsection 306(d)(6) of the Act) if the Governor had 
    delegated this responsibility and such delegation is part of the 
    approved management program. Whenever possible, requests should be 
    submitted prior to final State action to implement the amendment. At 
    least one public hearing must be held on the proposed amendment, 
    pursuant to subsection 306(d)(4) of the Act. Pursuant to section 311 of 
    the Act, notice of such public hearing(s) must be announced at least 30 
    days prior to the hearing date. At the time of the announcement, 
    relevant agency materials pertinent to the hearing must be made 
    available to the public.
        (b) Amendment requests must contain the following:
        (1) A description of the proposed change, including specific pages 
    and text of the management program that will be changed if the 
    amendment is approved by the Assistant Administrator. This description 
    shall also identify any enforceable policies to be added to the 
    management program;
        (2) explanation of why the change is necessary and appropriate, 
    including a discussion of the following factors, as relevant; changes 
    in coastal zone needs, problems, issues, or priorities. This discussion 
    also shall identify which findings, if any made by the Assistant 
    Administrator in approving the management program may need to be 
    modified if the amendment is approved;
        (3) A copy of public notice(s) announcing the public hearing(s) on 
    the proposed amendments;
        (4) A summary of the hearing(s) comments:
        (i) Where OCRM is providing Federal agency review concurrent with 
    the notice period for the State's public hearing, this summary of 
    hearing(s) comments may be submitted to the Assistant Administrator 
    within 60 days after the hearing;
        (ii) Where hearing(s) summaries are submitted as a supplement to 
    the amendment request (as in the case described in paragraph (b)(1) of 
    this section), the Assistant Administrator will not take final action 
    to approve or disapprove an amendment request until the hearing(s) 
    summaries have been received and reviewed; and
        (5) Documentation of opportunities provided relevant Federal, 
    State, regional and local agencies, port authorities and other 
    interested public and private parties to participate in the development 
    and approval at the State level of the proposed amendment.
    
    [[Page 33816]]
    
    Sec. 923.82  Amendment review/approval procedures.
    
        (a) Upon submission by a State of its amendment request, OCRM will 
    review the request to determine preliminarily if the management 
    program, if changed according to the amendment request, still will 
    constitute an approvable program. In making this determination, OCRM 
    will determine whether the state has satisfied the applicable program 
    approvability criteria of subsection 306(d) of the Act.
        (b) If the Assistant Administrator, as a preliminary matter, 
    determines that the management program, if changed, would no longer 
    constitute an approvable program, or if any of the procedural 
    requirements of section 306(d) of the Act have not been met, the 
    Assistant Administrator shall advise the state in writing of the 
    reasons why the amendment request cannot be considered.
        (c) If the Assistant Administrator, as a preliminary matter, 
    determines that the management program, if changed, would still 
    constitute an approvable program and that the procedural requirements 
    of section 306(d) of the Act have been met, the Assistant Administrator 
    will then determine, pursuant to the National Environmental Policy Act 
    of 1969, as amended, whether an environmental impact statement (EIS) is 
    required.
    
    
    Sec. 923.89  Mediation of amendments.
    
        (a) Section 307(h)(2) of the Act provides for mediation of 
    ``serious disagreements'' between a Federal agency and a coastal State 
    during administration of an approved management program. Accordingly 
    mediation is available to states or federal agencies when a serious 
    disagreement regarding a proposed amendment arises.
        (b) Mediation may be requested by a Governor or head of a state 
    agency designated pursuant to subsection 306(d)(6) or by the head of a 
    relevant federal agency. Mediation is a voluntary process in which the 
    Secretary of Commerce attempts to mediate between disagreeing parties 
    over major problems. (See Sec. 923.54).
    
    
    Sec. 923.84  Routine program changes.
    
        (a) Further detailing of a State's program that is the result of 
    implementing provisions approved as part of a State's approved 
    management program, that does not result in the type of action 
    described in Sec. 923.80(d), will be considered a routine program 
    change. While a routine change is not subject to the amendment 
    procedures contained in Secs. 923.81 through 923.82, it is subject to 
    mediation provisions of Sec. 923.83.
        (b) (1) States must notify OCRM of routine program change actions 
    in order that OCRM may review the action to ensure it does not 
    constitute an amendment. The state notification shall identify any 
    enforceable policies to be added to the management program, and explain 
    why the program change will not result in the type of action described 
    in Sec. 923.80(d).
        (i) States have the option of notifying OCRM of routine changes on 
    a case-by-case basis, periodically throughout the year, or annually.
        (ii) In determining when and how often to notify OCRM of such 
    actions, States should be aware that Federal consistency will apply 
    only after the notice required by paragraph (b)(4) of this section has 
    been provided.
        (2) Concurrent with notifying OCRM, States must provide notice to 
    the general public and affected parties, including local governments, 
    other State agencies and regional offices of relevant federal agencies 
    of the notification given OCRM.
        (i) This notice must:
        (A) Describe the nature of the routine program change and identify 
    any enforceable policies to be added to the management program if the 
    State's request is approved;
        (B) Indicate that the State considers it to be a routine program 
    change and has requested OCRM's concurrence in that determination; and
        (C) Indicate that any comments on whether or not the action does or 
    does not constitute a routine program change may be submitted to OCRM 
    within 3 weeks of the date of issuance of the notice.
        (ii) Where relevant Federal agencies do not maintain regional 
    offices, notice must be provided to the headquarters office.
        (3) Within 4 weeks of receipt of notice from a State, OCRM will 
    inform the State whether it concurs that the action constitutes a 
    routine program change. Failure to notify a State in writing within 4 
    weeks of receipt of notice shall be considered concurrence.
        (4) Where OCRM concurs, a State then must provide notice of this 
    fact to the general public and affected parties, including local 
    governments, other State agencies and relevant Federal agencies.
        (i) This notice must:
        (A) Indicate the date on which the State received concurrence from 
    OCRM that the action constitutes a routine program change;
        (B) Reference the earlier notice (required in paragraph (b)(2) of 
    this section) for a description of the content of the action; and
        (C) Indicate if Federal consistency applies as of the date of the 
    notice called for in this paragraph.
        (ii) Federal consistency shall not be required until this notice 
    has been provided.
        (5) Where OCRM does not concur, a State will be advised to:
        (1) submit the action as an amendment, subject to the provisions of 
    Secs. 923.81 through 923.82; or
        (ii) resubmit the routine program change with additional 
    information requested by OCRM concerning how the program will be 
    changed as a result of the action.
    
    Subpart I--Applications for Program Development or Implementation 
    Grants
    
    
    Sec. 923.90   General.
    
        (a) The primary purpose of development grants made pursuant to 
    section 305 of the Act is to assist coastal States in the development 
    of comprehensive coastal management programs that can be approved by 
    the Assistant Administrator. The primary purpose of implementation 
    grants made pursuant to section 306 of the Act is to assist coastal 
    States in implementing coastal management programs following their 
    approval, including especially administrative actions to implement 
    enforceable program policies, authorities and other management 
    techniques. The purpose of the guidelines in this subpart is to define 
    the procedures by which grantees apply for and administer grants under 
    the Act. These guidelines shall be used and interpreted in conjunction 
    with applicable Federal laws and policies, Department of Commerce 
    grants management regulations, policies and procedures, and any other 
    applicable directives from the NOAA Grants Management Division and OCRM 
    program offices.
        (b) Grants awarded to a State must be expended for the development 
    or administration, as appropriate, of a management program that meets 
    the requirements of the Act, and in accordance with the terms of the 
    award.
        (c) All applications for funding under section 305 or 306 of the 
    Act, including proposed work programs, funding priorities and 
    allocations are subject to the discretion of the Assistant 
    Administrator.
        (d) For purposes of this subpart, the term ``development grant'' 
    means a grant awarded pursuant to subsection 305(a) of the Act. 
    ``Administrative grant'' and ``implementation grant'' are
    
    [[Page 33817]]
    
    used interchangeably and mean grants awarded pursuant to subsection 
    306(a) of the Act.
        (e) All application and preapplication forms are to be requested 
    from and submitted to: National Oceanic and Atmospheric Administration, 
    Office of Ocean and Coastal Resource Management, Coastal Programs 
    Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 20910.
    
    
    Sec. 923.91   State responsibility.
    
        (a) Applications for program grants are required to be submitted by 
    the Governor of a participating state or by the head of the state 
    entity designated by the Governor pursuant to subsection 306(d)(6) of 
    the Act.
        (b) In the case of a section 305 grant, the application must 
    designate a single state agency or entity to receive development grants 
    and to be responsible for development of the State's coastal management 
    program. The designee need not be that entity designated by the 
    Governor pursuant to subsection 306(d)(6) of the Act as a single agency 
    to receive and administer implementation grants.
        (c) One State application will cover all program activities for 
    which program development or implementation funds under this Act and 
    matching State funds are provided, irrespective of whether these 
    activities will be carried out by State agencies, areawide or regional 
    agencies, local governments, or interstate entities.
        (d) The designated state entity shall be fiscally responsible for 
    all expenditures made under the grant, including expenditures by 
    subgrantees and contractors.
    
    
    Sec. 923.92   Allocation.
    
        (a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) of the Act 
    foster intergovernmental cooperation in that a state, in accordance 
    with its coastal zone management program, may allocate some of its 
    coastal zone management responsibilities to several agencies, including 
    local governments, areawide agencies, regional agencies and interstate 
    agencies. Such allocations provide for continuing consultation and more 
    effective participation and cooperation among state and local 
    governments, interstate, regional and areawide agencies.
        (b) A State may allocate a portion or portions of its grant to 
    other State agencies, local governments, areawide or regional agencies, 
    interstate entities, or Indian tribes, if the work to result from such 
    allocation(s) will contribute to the effective development or 
    implementation of the State's management program.
        (1) Local governments. Should a State desire to allocate a portion 
    of its grant to a local government, units of general-purpose local 
    government are preferred over special-purpose units of local 
    government. Where a State will be relying on direct State controls as 
    provided for in subsection 306(d)(11)(B) of the Act, pass-throughs to 
    local governments for local planning, regulatory or administrative 
    efforts under a section 306 grant cannot be made, unless they are 
    subject to adequate State overview and are part of the approved 
    management program. Where the approved management program provides for 
    other specified local activities or one-time projects, again subject to 
    adequate State overview, then a portion of administrative grant funds 
    may be allocated to local governments.
        (2) Indian Tribes. Tribal participation in coastal management 
    efforts may be supported and encouraged through a State's program. 
    Individual tribes or groups of tribes may be considered regional 
    agencies and may be allocated a portion of a State's grant for the 
    development of independent tribal coastal management programs or the 
    implementation of specific management projects provided that:
        (i) The State certifies that such tribal programs or projects are 
    compatible with its approved coastal management policies; and
        (ii) On excluded tribal lands, the State demonstrates that the 
    tribal program or project would or could directly affect the State's 
    coastal zone.
    
    
    Sec. 923.93  Eligible implementation costs.
    
        (a) Costs claimed must be beneficial and necessary to the 
    objectives of the grant project. As used herein the terms cost and 
    grant project pertain to both the Federal and the matching share. 
    Allowability of costs will be determined in accordance with the 
    provisions of OMB Circular A-87: Cost Principles for State, Local and 
    Indian Tribal Governments.
        (b) Federal funds awarded pursuant to section 306 of the Act may 
    not be used for land acquisition purposes and may not be used for 
    construction purposes. These costs may be eligible, however, pursuant 
    to section 306A of the Act.
        (c) The primary purpose for which implementation funds, pursuant to 
    section 306 of the Act, are to be used is to assure effective 
    implementation and administration of the management program, including 
    especially administrative actions to implement enforceable program 
    policies, authorities and other management techniques. Implementation 
    activities should focus on achieving the policies of the Act.
        (d) Section 306 funding in support of any of these purposes may be 
    used to fund, among other things:
        (1) Personnel costs,
        (2) Supplies and overhead,
        (3) Equipment, and
        (4) Feasibility studies and preliminary engineering reports.
        (e) States are encouraged to coordinate administrative funding 
    requests with funding possibilities pursuant to sections 306A, 308, 
    309, 310 and 315 of the Act, as well as with funding possibilities 
    pursuant to section 6217 of the Coastal Zone Act Reauthorization 
    Amendments of 1990. When in doubt as to the appropriate section of the 
    Act under which to request funding, States should consult with OCRM. 
    States should consult with OCRM on technical aspects of consolidating 
    requests into a single application.
    
    
    Sec. 923.94  Application for program development or implementation 
    grants.
    
        (a) OMB Standard Form 424 (4-92) and the NOAA Application Kit for 
    Federal Assistance constitute the formal application. An original and 
    two (2) copies must be submitted 45 days prior to the desired grant 
    beginning date. The application must be accompanied by evidence of 
    compliance with E.O. 12372 requirements including the resolution of any 
    problems raised by the proposed project. The administrative 
    requirements for grants and subawards, under this program, to state, 
    local and Indian tribal governments are set out in 15 CFR Part 24. The 
    administrative requirements for other entities are prescribed under OMB 
    Circular A-110: Administrative Requirements for Grants and Agreements 
    with Institutions of Higher Education, Hospitals and Other Non-Profit 
    Organizations.
        (b) Costs claimed as charges to the grant project must be 
    beneficial and necessary to the objectives of the grant project. As 
    used herein, the terms ``cost'' and ``grant project'' pertain to both 
    the Federal amount awarded and the non-federal matching share. 
    Allowability of costs will be determined in accordance with the 
    provisions of OMB Circular A-87: Cost Principles for State, Local and 
    Indian Tribal Governments. Eligible implementation costs also shall be 
    determined in accordance with Sec. 923.93 of these regulations. 
    Allowability of costs for non-profit organizations will be determined 
    in accordance with OMB Circular A-122: Cost Principles for Non-Profit 
    Organizations. Allowability of
    
    [[Page 33818]]
    
    costs for institutions of higher education will be determined in 
    accordance with OMB Circular A-21: Cost Principles for Educational 
    Institutions.
        (c) In the grant application, the applicant must describe clearly 
    and briefly the activities that will be undertaken with grant funds in 
    support of implementation and administration of the management program. 
    This description must include:
        (1) An identification of those elements of the approved management 
    program that are to be supported in whole or in part by the Federal and 
    the matching share,
        (2) A clear statement of the major tasks required to implement each 
    element,
        (3) For each task the application must:
        (i) Specify how it will be accomplished and by whom;
        (ii) Identify any sub-awardees (other State agencies, local 
    governments, individuals, etc.) that will be allocated responsibility 
    for carrying out all or portions of the task, and indicate the 
    estimated cost of the sub-awards for each allocation; and
        (iii) Indicate the estimated total cost.
        (4) The sum of all task costs in paragraph (c)(3) of this section 
    should equal the total estimated grant project cost.
        (d) For program development grants, when evaluating whether a State 
    is making satisfactory progress toward completion of an approvable 
    management program which is necessary to establish eligibility for 
    subsequent grants, the Assistant Administrator will consider:
        (1) The progress made toward meeting management program goals and 
    objectives;
        (2) The progress demonstrated in completing the past year's work 
    program;
        (3) The cumulative progress toward meeting the requirements for 
    preliminary or final approval of a coastal management program;
        (4) The applicability of the proposed work program to fulfillment 
    of the requirements for final approval; and
        (5) The effectiveness of mechanisms for insuring public 
    participation and consultation with affected Federal, State, regional 
    and local agencies in program development.
    
    
    Sec. 923.95  Approval of applications.
    
        (a) The application for a grant by any coastal State which complies 
    with the policies and requirements of the Act and these guidelines 
    shall be approved by the NOAA Grants Officer, upon recommendation by 
    the Assistant Administrator, assuming available funding.
        (b) Should an application be found deficient, the Assistant 
    Administrator will notify the applicant in detail of any deficiency 
    when an application fails to conform to the requirements of the Act or 
    these regulations. Conferences may be held on these matters. 
    Corrections or adjustments to the application will provide the basis 
    for resubmittal of the application for further consideration and 
    review.
        (c) The NOAA Grants Officer, upon recommendation by the Assistant 
    Administrator, may waive appropriate administrative requirements 
    contained in this subpart, upon finding of extenuating circumstances 
    relating to applications for assistance.
    
    
    Sec. 923.96  Grant amendments.
    
        (a) Actions that require an amendment to a grant award such as a 
    request for additional Federal funds, changes in the amount of the non-
    Federal share, changes in the approved project budget as specified in 
    15 CFR Part 24, or extension of the grant period must be submitted to 
    the Assistant Administrator and approved in writing by the NOAA Grants 
    Officer prior to initiation of the contemplated change. Such requests 
    should be submitted at least 30 days prior to the proposed effective 
    date of the change and, if appropriate, accompanied by evidence of 
    compliance with E.O. 12372 requirements.
        (b) NOAA shall acknowledge receipt of the grantee's request within 
    the ten (10) working days of receipt of the correspondence. This 
    notification shall indicate NOAA's decision regarding the request; or 
    indicate a time-frame within which a decision will be made.
    
    PART 926--[REMOVED]
    
        5. Part 926 which is currently reserved is removed.
    
    PART 927--[REDESIGNATED AS PART 923, SUBPART J]
    
        6. Part 927, consisting of Sec. 927.1, is redesignated as Subpart J 
    of Part 923, consisting of Sec. 923.110.
    
    PART 928--[REDESIGNATED AS PART 923, SUBPART L]
    
        7. Part 928 is redesignated as Subpart L of Part 923, and 
    Secs. 928.1 through 928.5 are redesignated as Secs. 923.131 through 
    923.135 in the Subpart.
    
    
    Sec. 923.131  [Amended]
    
        8. Redesignated Sec. 923.131 is amended by replacing the two 
    references to ``This part'' in the introductory text with references to 
    ``This subpart.''
    
    
    Sec. 923.133  [Amended]
    
        9. Redesignated Sec. 923.133 is amended by changing the references 
    to 15 CFR 928.3 and 928.4 in paragraph (b)(9), the reference to 
    Sec. 928.3(d) in paragraph (c)(2), and the reference to 
    Sec. 928.3(c)(4) in paragraph (d)(2), as references to Secs. 923.133 
    and 923.134, Sec. 923.132(d) and Sec. 923.133(c)(4), respectively.
    
    
    Sec. 923.134  [Amended]
    
        10. Redesignated Sec. 923.134 is amended by changing the reference 
    to 15 CFR 928.3(b)(7) in paragraph (b)(3) as a reference to 
    Sec. 923.133(b)(7).
    
    
    Sec. 923.135  [Amended]
    
        11. Redesignated Sec. 923.135 is amended as follows:
        (1) by changing the reference to 15 CFR 928.5(a)(3) in paragraph 
    (a)(2)(i) as a reference to Sec. 923.135(a)(3),
        (2) by changing the reference to 15 CFR 928.4 in paragraph 
    (a)(2)(ii) as a reference to Sec. 923.134,
        (3) by changing the reference to 15 CFR 923.81(c) in paragraph 
    (a)(3)(i)(G) as a reference to 15 CFR 923.81(a), and
        (4) by changing the four references to 15 CFR 928.5(a)(2) in 
    paragraphs (b)(2) (i) and (iii) as references to Sec. 923.135(a)(2).
    
    PART 932--[REDESIGNATED AS PART 923, SUBPART K]
    
        12. Part 932 is redesignated as Subpart K of Part 923, and 
    Secs. 932.1 through 932.8 are redesignated as Secs. 923.121 through 
    923.128 in the Subpart.
        13. Redesignated Sec. 923.121 is amended by revising paragraph (h) 
    to read as follows:
    
    
    Sec. 923.121  General
    
    * * * * *
        (h) All application forms are to be requested from and submitted 
    to: National Oceanic and Atmospheric Administration, Office of Ocean 
    and Coastal Resources Management, Coastal Programs Division, 1305 East-
    West Highway (N/ORM3), Silver Spring, MD 20910.
        14. Redesignated Sec. 923.121 is further amended as follows:
        (1) by changing the references to ``this part'' in paragraphs (a) 
    and (b) with references to ``this subpart'', and
        (2) by changing the reference to 15 CFR 932.8 in paragraph (b)(1) 
    as a reference to Sec. 923.128.
    
    
    Sec. 923.123  [Amended]
    
        15. Redesignated Sec. 923.123 is amended as follows:
        (1) in paragraph (a), by replacing ``routine program 
    implementation'' with ``routine program change'',
    
    [[Page 33819]]
    
        (2) in the footnote in paragraph (b), the address is revised to 
    read: ``Office of Ocean and Coastal Resource Management, Coastal 
    Programs Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 
    20910'', and
        (3) by changing the reference to 15 CFR 932.5(a) in paragraph (d) 
    and the reference to 15 CFR 932.5(b) in paragraph (e), as references to 
    Secs. 923.125(a) and 923.125(b), respectively.
    
    
    Sec. 923.124  [Amended]
    
        16. Redesignated Sec. 923.124 is amended as follows:
        (1) by changing the reference to 15 CFR 932.1(b) and 15 CFR 
    927.1(c) in paragraph (d)(1)(i) as references to Sec. 0923.121(b) and 
    923.110(c), respectively,
        (2) by changing the reference to 15 CFR 932.4(d) in paragraph 
    (d)(1)(iii) as a reference to Sec. 923.124(d),
        (3) by changing the reference to 15 CFR 932.8 in paragraph (d)(3) 
    as a reference to Sec. 923.128,
        (4) by changing the references to 15 CFR 932.4(d), 15 CFR 932.3(d) 
    and 15 CFR 932.5(b) in paragraph (e) as references to Secs. 923.124(d), 
    923.123(d), and 923.125(b), respectively, and
        (5) by changing the references to 15 CFR 932.4(b), 15 CFR 932.4(c), 
    15 CFR 932.4(d) and 15 CFR 932.4(e) in paragraph (f) as references to 
    Secs. 923.124(b), 923.124(c), 923.124(d) and 923.124(e), respectively.
    
    
    Sec. 923.125  [Amended]
    
        17. Redesignated Sec. 923.125 is amended as follows:
        (1) by changing the reference to 15 CFR 932.6(b)(1) in paragraph 
    (a)(1)(v) as a reference to Sec. 923.126(b)(1),
        (2) by changing the reference to 15 CFR 932.3(e) in paragraph 
    (b)(2)(ii) as a reference to Sec. 923.123(e),
        (3) by changing the reference to 15 CFR 932.3(f) in paragraph 
    (b)(2)(iii) as a reference to Sec. 923.123(f), and
        (4) by changing the references to Sec. 932.5(a) and 15 CFR 932.5(b) 
    in paragraph (c) as references to Secs. 923.125(a) and 923.125(b), 
    respectively.
        18. Redesignated Sec. 923.125 is further amended by removing 
    footnote two in paragraph (a)(1)(ii).
    
    
    Sec. 923.126  [Amended]
    
        19. Redesignated Sec. 923.126 is amended as follows:
        (1) by changing the references to 15 CFR 932.6(b) and 15 CFR 
    932.1(b) in paragraph (a) as references to Sec. 923.126(b) and 
    923.121(b), respectively,
        (2) by changing the reference to 15 CFR 923.95(d)(3)(ii) in 
    paragraph (b)(1)(iii) as a reference to Sec. 923.94(d)(3)(ii),
        (3) by changing the references to 15 CFR 932.5(a) and 15 CFR 
    932.5(b) in paragraph (b)(4) as references to Sec. 923.125(a) and 
    923.125(b), respectively,
        (4) by changing the reference to 15 CFR 932.3(a) in paragraph 
    (b)(7) as a reference to Sec. 923.123(a),
        (5) by changing the references to 15 CFR 932.5(a) and 15 CFR 
    932.4(d) in paragraph (b)(8) as references to Secs. 923.125(a) and 
    923.124(d), respectively,
        (6) by changing the references to 15 CFR 932.5(a) and 15 CFR 
    932.5(b) in paragraph (c)(3) as references to Sec. 923.125(a) and 
    923.125(b), respectively,
        (7) by changing the references to 15 CFR 932.5(a) and 15 CFR 
    932.4(d) in paragraph (c)(4) as references to Secs. 923.125(a) and 
    923.124(d), respectively, and
        (8) by changing the reference to subpart J of 15 CFR part 923 in 
    paragraph (c)(5) as a reference to subpart I of 15 CFR part 923.
    
    
    Sec. 923.127  [Amended]
    
        20. Redesignated Sec. 923.127 is amended as follows:
        (1) by changing the reference to subpart J of 15 CFR part 923 in 
    paragraph (a) as a reference to subpart I of 15 CFR part 923,
        (2) by changing the reference to 15 CFR 932.6(b)(1) in paragraph 
    (b) as a reference to Sec. 923.126(b)(1),
        (3) by changing the reference to subpart J of 15 CFR part 923 in 
    paragraph (c) as a reference to subpart I of 15 CFR part 923, and
        (4) by changing the reference to 15 CFR 932.6(c)(2) in paragraph 
    (e) as a reference to Sec. 923.126(c)(2).
    
    PART 933--COASTAL ZONE MANAGEMENT RESEARCH AND TECHNICAL ASSISTANCE 
    [Removed]
    
        21. Part 933 is removed.
    * * * * *
    [FR Doc. 96-16402 Filed 6-27-96; 8:45 am]
    BILLING CODE 3510-08-M
    
    
    

Document Information

Effective Date:
7/29/1996
Published:
06/28/1996
Department:
National Oceanic and Atmospheric Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-16402
Dates:
July 29, 1996.
Pages:
33802-33819 (18 pages)
Docket Numbers:
Docket No. 960126015-6165-02
RINs:
0648-AI43: Coastal Zone Management Program Development and Approval Regulations
RIN Links:
https://www.federalregister.gov/regulations/0648-AI43/coastal-zone-management-program-development-and-approval-regulations
PDF File:
96-16402.pdf
CFR: (76)
15 CFR 930.78)
15 CFR 923.133(b)(7)
15 CFR 928.3(c)(4)
15 CFR 928.3(d)
15 CFR 923.1
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