[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11715]
[[Page Unknown]]
[Federal Register: May 31, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration (NOAA)
15 CFR Parts 923, 926, 927
[Docket No. 940109-4009]
RIN 0648-AE11
Coastal Zone Management Program Regulations
AGENCY: Office of Ocean and Coastal Resource Management (OCRM),
National Ocean Service (NOS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: The Coastal Zone Act Reauthorization Amendments of 1990,
enacted November 5, 1990, amended the Coastal Zone Management Act
(CZMA) and reauthorized NOAA's Coastal Zone Management (CZM) Program
under that Act. Among the amendments were revisions to findings,
policies and definitions in the CZMA; repeal of provisions on
preliminary program approval grants, program segmentation, and
significant improvements; and reorganization and consolidation of
approval requirements for state programs. The purpose of this final
rule is to conform NOAA's regulations implementing the CZM program to
the statutory changes.
EFFECTIVE DATE: This rule is effective on June 30, 1994.
ADDRESSES: Additional information may be obtained from the National
Oceanic and Atmospheric Administration, National Ocean Service, Office
of Ocean and Coastal Resource Management at 1305 East-West Highway,
11th Floor, Silver Spring, Maryland 20910.
FOR FURTHER INFORMATION CONTACT:
Vickie A. Allin, Chief, Policy Coordination Division, Office of Ocean
and Coastal Resource Management, 1305 East-West Highway, 11th Floor,
Silver Spring, Maryland 20910. Telephone: 301-713-3086.
SUPPLEMENTARY INFORMATION:
I. Authority
This final rule is issued under the authority of the CZMA, as
amended, 16 U.S.C. 1451 et seq.
II. Background
The CZMA was enacted to encourage and assist coastal states and
territories to develop and implement management programs to preserve,
protect, develop and, where possible, restore or enhance the resources
of the Nation's coasts.
Prior to the 1990 Amendments, the CZMA included statements of
Congressional findings and policies for the CZM Program, identified
nine national coastal management objectives and specified that all
state CZM Programs were to make ``significant improvements'' in
achieving these objectives, defined key terms, authorized grants for
program development and implementation and specified allocation and
match requirements, and specified program approval requirements. The
program approval requirements were set forth in Section 305, Management
Program Development Grants (at Section 305(b) (1)-(9)) and Section 306,
Administrative Grants (at Section 306 (c)-(h)). NOAA's regulations at
15 CFR parts 923, 926 and 927 implemented these provisions.
III. Coastal Zone Act Reauthorization Amendments of 1990
The Coastal Zone Act Reauthorization Amendments of 1990
(Amendments) (Pub. L. No. 101-508, 104 Stat. 1388 (1990)) were enacted
on November 5, 1990. The Amendments made a number of changes to the
CZMA.
New and revised Congressional findings. Section 6202 of
the Amendments set forth nine new Congressional findings. In addition,
the Amendments revise the existing findings at Section 302 (d) and (f)
and add three new findings at Section 302 (k), (l) and (m).
New and revised Congressional declarations of policy. The
Amendments revise the statements of policy at Sections 303(2),
303(2)(B) and 303(3), and add new statements of policy at Section
303(2) (C) and (K) and Section 303 (5) and (6).
New and revised definitions. The Amendments revise the
definitions of ``coastal zone'' at Section 304(1) and ``water use'' at
Section 304(18), and add a definition of ``enforceable policy'' at
Section 304(6a).
Revisions to Management Program Development Grants.
Section 305 on Management Program Development Grants was completely
revised. Old Section 305(b) (1)-(9), which contains requirements for
management program approval, was moved to new Section 306(d)(2). The
remaining provisions of old Section 305, including the authorization
for preliminary approval grants, were deleted and replaced with an
authorization for annual program developments grants for Fiscal Years
1991, 1992 and 1993 not to exceed $200,000 per year per state at a
ratio of 4-to-1 Federal-to-state match. Program development grants are
also an authorized use of the new Section 308 Coastal Zone Management
Fund.
Revisions to Administrative Grants. Section 306 on
Administrative Grants also was completely revised. Section 306(a) was
amended to change the match provisions for administrative grants to
implement approved state CZM Programs. The ``significant improvement''
provisions of old Section 306(a)(3) were deleted. The minimum grants
provisions of old Section 306(b) were deleted and a new provision was
added which allows the Secretary, after consultation with the coastal
states, to establish maximum and minimum grants for any fiscal year to
promote equity and efficient coastal management. The program approval
requirements of old Section 305(b) (1)-(9) and Section 306 (c)-(h) were
revised and consolidated in new Section 306(d). New program approval
requirements were added at Section 306(d) (14), (15) and (16). Section
306(d) (14) and (15) must be met within three years of enactment (or by
November 1993) and Section 306(d)(16) must be met within 30 months of
EPA's issuance of final guidance on management measures for controlling
coastal nonpoint pollution (or at the same time the Coastal Nonpoint
Pollution Control Programs under Section 6217 of the Amendments are
due). Old Section 306(g) on program changes was revised and renumbered
as Section 306(e). Old Section 306(h) authorizing program segmentation
was deleted.
Revisions to Resource Management Improvement Grants.
Section 306A(b)(1) was revised to authorize use of Section 306A funds
for restoring and enhancing shellfish production.
IV. Purpose of Today's Rule
Some of NOAA's current CZM Program regulations need to be revised
to conform to the changes to the CZMA made by the Amendments. The
purpose of this rule is to amend these regulations to make them
consistent with the CZMA as amended. By modifying the current NOAA
regulations to reflect the new statutory requirements, this notice
serves to clarify the effect of the Amendments on coastal states,
Federal agencies and other affected groups.
V. Codification of the Regulations
The following is a brief description of changes made to the
regulations.
A. National Coastal Zone Management Program
Part 923--Coastal Zone Management Program Development and Approval
Provisions.
By reorganizing and consolidating CZM Program approval requirements
previously found throughout Sections 305 and 306 of the CZMA into one
section--Section 306(d)--the Amendments have changed almost all of the
statutory references found throughout 15 CFR part 923. This rule
replaces the old statutory references with the new references
throughout 15 CFR part 923 and revises the referenced statutory
citations wherever required.
The Amendments deleted several previously authorized program
development and approval provisions, including authority for
preliminary approval grants, authority for program segmentation, and
the requirement that states devote an increasing proportion of Federal
financial assistance for program implementation, up to 30%, toward
making ``significant improvement'' in achieving nine national coastal
management objectives. This rule removes the portions of NOAA's
regulations implementing these provisions and renumbers the regulations
as necessary.
This rule revises the references to Congressional findings and
declarations of policy to reflect the Amendments. This includes
revising the phrase ``as well as the needs for economic development''
to ``as well as the needs for compatible economic development'' and
adding the new Congressional findings on water quality, sea level rise,
and ocean resources planning.
A definition of ``enforceable policy'' is added and the definitions
of the terms ``coastal zone'' and ``water use'' are revised to reflect
the Amendments. this includes revising all references to ``the outer
limit of the territorial sea'' to read ``the outer limit of State title
and ownership under the Submerged Lands Act (43 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 20, 1962 (48
U.S.C. 1705), as applicable.'' It also includes revising all references
to ``direct and significant impacts on coastal waters'' to read
``direct and significant impacts on coastal waters or areas which are
likely to be affected by or vulnerable to sea level rise.''
Other changes include adding the word ``historical'' at
Secs. 923.22 (a) and (b) to read ``preserving or restoring areas for
their conservation, recreational, ecological, historical or esthetic
values,'' revising the chart at Sec. 923.71 which summarizes the
findings necessary for CZM Program approval, revising the statutory
reference to and citation of Section 312 at Sec. 923.80, and changing
the costs of equipment purchases requiring prior NOAA approval from
$1,000 to $5,000 at Sec. 923.93(f) pursuant to OMB Circular A-102.
Part 926--Coastal Zone Management Program Development Grants,
Allocation of Funds to States.
This part is removed. The Amendments revised old Section 305 to
authorize annual program development grants to states for Fiscal Years
1991, 1992, and 1993, not to exceed $200,000 per year per state at a 4-
to-1 Federal-to-state match. In addition, program development grants
are made an allowable use of the new CZM Fund (new Section 308).
Part 927--Allocation of Section 306 Program Administration Grants.
This part is revised to incorporate new statutory references and
citations and new provisions for establishing annually the maximum and
minimum share. The regulation on calculation of financial assistance
award levels is revised to reflect the amendments to Section 312.
VI. Classification
A. Executive Order 12866
This rule has been determined to be not significant for purposes of
Executive Order 12866.
B. Administrative Procedure Act
The changes to the regulations made by this rule are required by
the 1990 statute and, thus, are non-discretionary. Except for some
minor editorial changes, the only revisions to the regulations are the
incorporation of the new statutory language into them. Since no useful
purpose would be served by giving notice and opportunity for comment,
the Assistant Administrator for Ocean Services and Coastal Zone
Management, NOAA, for good cause, found under section 553(b)(3)(B) of
the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) that notice
and opportunity for public comment procedure thereon is unnecessary.
List of Subjects
15 CFR Part 923
Coastal zone, Grant programs--Natural resources, Reporting and
recordkeeping requirements.
15 CFR Part 927
Allocation formula.
Dated: May 10, 1994.
W. Stanley Wilson,
Assistant Administrator for Ocean Services and Coastal Zone Management.
For the reasons set out the Preamble, 15 CFR chapter IX is amended
as follows:
PART 923--COASTAL ZONE MANAGEMENT PROGRAM DEVELOPMENT AND APPROVAL
REGULATIONS
1. The authority citation for Part 923 is revised to read as
follows:
Authority: 16 U.S.C. 1451 et seq.
Subpart A--General
2. Section 923.1 is amended by revising the first sentence of
paragraph (b), and by adding paragraphs (c)(7), (8) and (9) to read as
follows;
Sec. 923.1 Purpose.
* * * * *
(b) Sections 306 and 307 of the Act set forth requirements which
must be fulfilled as a condition of program approval. * * *
(c) * * *
(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.
(9) Not later than 30 months after the date of publication of final
guidance under section 6217(g) of the Act, 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.
* * * * *
3. Section 923.2 is amended by revising paragraphs (d)(2) and (h)
to read as follows:
Sec. 923.2 Definitions.
* * * * *
(d) * * *
(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.
* * * * *
(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
(6) water use
* * * * *
4. Section 923.3 is amended by revising paragraphs (a) and (b)(1)
to read as follows:
Sec. 923.3 General requirements.
(a)(1) As required by subsection 306(d)(1) of the Act, before
approving a management program submitted by a coastal state, the
Secretary shall find that the state has developed and adopted a
management program for its coastal zone which is adequate to carry out
the purposes of the Act and is consistent with the policy declared in
section 303 of the Act.
(2) As stated in section 302 of the Act, the Congress finds that--
(i) There is a national interest in the effective management,
beneficial use, protection, and development of the coastal zone.
(ii) The coastal zone is rich in a variety of natural, commercial,
recreational, ecological, industrial, and esthetic resources of
immediate and potential value to the present and future well-being of
the Nation.
(iii) The increasing and competing demands upon the lands and
waters of our coastal zone occasioned by population growth and economic
development, including requirements for industry, commerce, residential
development, recreation, extraction of mineral resources and fossil
fuels, transportation and navigation, waste disposal, and harvesting of
fish, shellfish, and other living marine resources, have resulted in
the loss of living marine resources, wildlife, nutrient-rich areas,
permanent and adverse changes to ecological systems, decreasing open
space for public use, and shoreline erosion.
(iv) The habitat areas of the coastal zone, and the fish, other
living marine resources, and wildlife therein, are ecologically fragile
and consequently extremely vulnerable to destruction by man's
alterations.
(v) Important ecological, cultural, historic, and esthetic values
in the coastal zone which are essential to the well-being of all
citizens are being irretrievably damaged or lost.
(vi) New and expanding demands for food, energy, minerals, defense
needs, recreation, waste disposal, transportation, and industrial
activities in the Great Lakes, territorial sea, exclusive economic zone
and Outer Continental Shelf are placing stress on these areas and are
creating the need for resolution of serious conflicts among important
and competing uses and values in coastal and ocean waters.
(vii) Special natural and scenic characteristics are being damaged
by ill-planned development that threatens these values.
(viii) In light of competing demands and the urgent need to protect
and to give high priority to natural systems in the coastal zone,
present state and local institutional arrangements for planning and
regulating land and water uses in such areas are inadequate.
(ix) The key to more effective protection and use of the land and
water resources of the coastal zone is to encourage these states to
exercise their full authority over the lands and waters in the coastal
zone by assisting the states, in cooperation with Federal and local
governments and other vitally affected interests, in developing land
and water use programs for the coastal zone, including unified
policies, criteria, standards, methods, and processes for dealing with
land and water use decisions of more than local significance.
(x) The national objective of attaining a greater degree of energy
self-sufficiency would be advanced by providing Federal financial
assistance to meet state and local needs resulting from new or expanded
energy activity in or affecting the coastal zone.
(xi) Land uses in the coastal zone, and the uses of adjacent lands
which drain into the coastal zone, may significantly affect the quality
of coastal waters and habitants, and efforts to control coastal water
pollution from land use activities must be improved.
(xii) Because global warming may result in a substantial sea level
rise with serious adverse effects in the coastal zone, coastal states
must anticipate and plan for such an occurrence.
(xiii) Because of their proximity to and reliance upon the ocean
and its resources, the coastal states have substantial and significant
interests in the protection, management, and development of the
resources of the exclusive economic zone that can only be served by the
active participation of coastal states in all Federal programs
affecting such resources and, wherever appropriate, by the development
of state ocean resource plans as part of their federally approved
coastal zone management programs.
(3) As stated in section 303 of the Act, the Congress finds and
declares that it is the national policy--
(i) to preserve, protect, develop, and where possible, to restore
or enhance the resources of the Nation's coastal zone for this and
succeeding generations;
(ii) to encourage and assist the states to exercise effectively
their responsibilities in the coastal zone through the development and
implementation of management programs to achieve wise use of the land
and water resources of the coastal zone giving full consideration to
ecological, cultural, historic, and esthetic values as well as the
needs for compatible economic development;
(iii) to encourage the preparation of special area management plans
which provide for increased specificity in protecting significant
natural resources, reasonable coastal-dependent economic growth,
improved protection of life and property in hazardous areas, including
those areas likely to be affected by land subsidence, sea level rise,
or fluctuating water levels of the Great Lakes, and improved
predictability in governmental decisionmaking;
(iv) to encourage the participation and cooperation of the public,
state and local governments, and interstate and other regional
agencies, as well as of the Federal agencies having programs affecting
the coastal zone, in carrying out the purposes of this title;
(v) to encourage coordination and cooperation with and among the
appropriate Federal, state, and local agencies, and international
organizations where appropriate, in collection, analysis, synthesis,
and dissemination of coastal management information, research results
and technical assistance, to support state and Federal regulation of
land use practices affecting the coastal and ocean resources of the
United States; and
(vi) to respond to changing circumstances affecting the coastal
environment and coastal resource management by encouraging states to
consider such issues as ocean uses potentially affecting the coastal
zone.
(b) * * *
(1) 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 take steps 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.
* * * * *
Subpart B--Uses Subject to the Management Program
5. Section 923.10 is revised to read as follows:
Sec. 923.10 General.
This subpart deals with 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. Determination of these
uses will assist in determining the appropriate coastal management
boundary (see Subpart D). This subpart deals in full with the
requirements of subsection 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.
6. Section 923.11 is amended by revising paragraphs (a), the second
sentence of paragraph (b)(1) and (c)(4)(ii), and by adding paragraph
(c)(4)(v) to read as follows:
Sec. 923.11 Uses subject to management.
(a) As required by subsection 306(d)(2)(B), 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.
(b) Requirements. (1) * * * 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.
* * * * *
(c) * * *
(4) * * *
(ii) Historic, cultural and esthetic resources where coastal
development is likely to affect these resources;
* * * * *
(v) 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.
7. Section 923.12 is amended by revising paragraphs (a) and (b)
introductory text to read as follows:
Sec. 923.12 Uses of regional benefit.
(a) As required by subsection 306(d)(12), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program contains 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.
(b) In order to meet the requirements of subsection 306(d)(12) of
the Act, states must:
* * * * *
8. Section 923.13 is amended by revising paragraph (a), the first
sentence of paragraph (b) introductory text and (b)(3)(ii) to read as
follows:
Sec. 923.13 Energy facility planning process.
(a) As required by subsection 306(d)(2)(H), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes 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.
(b) Requirements. States must develop a planning process which is
capable, at a minimum, of anticipating the management of the impacts
from energy facilities in or affecting the state's coastal zone. * * *
* * * * *
(3) * * *
(ii) States must list relevant constitutional provisions, laws,
regulations, judicial decisions and other appropriate official
documents or actions that are specifically related to planning for, and
anticipating the management of energy facilities or impacts, including
licensing or permitting procedures.
* * * * *
Subpart C--Special Management Areas
9. Section 923.20 is amended by revising the last sentence of
paragraph (a) to read as follows:
Sec. 923.20 General.
(a) * * * 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.
* * * * *
10. Section 923.21 is amended by revising paragraphs (a) and
(b)(1)(i)(G) to read as follows:
Sec. 923.21 Areas of particular concern.
(a)(1) As required by subsection 306(d)(2)(C), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes an inventory and designation
of areas of particular concern within the coastal zone.
(2) As required by subsection 306(d)(2)(E), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes broad guidelines on
priorities of uses in particular areas, including specifically those
uses of lowest priority.
(b) * * *
(1) * * *
(i) * * *
(G) 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;
* * * * *
11. Section 923.22 is amended by revising paragraph (a) and the
second sentence of paragraph (b)(1) to read as follows:
Sec. 923.22 Areas for preservation or restoration.
(a) As required by subsection 306(d)(9), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes procedures whereby specific
areas may be designated for the purpose of preserving or restoring them
for their conservation, recreational, ecological, historical or
esthetic values.
(b) Requirements. (1) * * * Designations may be made for the
purposes of preserving or restoring areas for their conservation,
recreational ecological, historical or esthetic values.
* * * * *
12. Section 923.24(a) is revised to read as follows:
Sec. 923.24 Shorefront access and protection planning.
(a) As required by Subsection 306(d)(2)(G), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes 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.
* * * * *
13. Section 923.25 is amended by revising paragraphs (a) and (c)(1)
and (2) to read as follows:
Sec. 923.25 Shoreline erosion/mitigation planning.
(a) As required by Subsection 306(d)(2)(I), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes a planning process for
assessing the effects of, and studying and evaluating ways to control,
or lessen the impact of, shoreline erosion, and to restore areas
adversely affected by such erosion.
* * * * *
(c) Requirements. (1) The management program must include a method
for assessing the effects of shoreline erosion, including potential
impacts of sea level rise, and evaluating techniques for mitigating,
controlling or restoring areas adversely affected by erosion.
(2) There must be 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
14. Section 923.30 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 923.30 General.
(a) This subpart deals in full with subsection 306(d)(2)(A) of the
Act--Boundaries of the Coastal Zone.
* * * * *
(c) As required by subsection 306(d)(2)(A), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes an identification of the
boundaries of the coastal zone subject to the management program.
(1) As required by subsection 304(1), the term ``coastal zone''
means the coastal waters (including the lands therein and thereunder),
and the adjacent shorelands (including the waters therein and
thereunder), strongly influenced by each other in proximity to the
shorelines of the several coastal states, and includes islands,
transitional and intertidal areas, salt marshes, wetlands, and beaches.
The zone extends, in Great Lakes waters, to the international boundary
between the United States and Canada and, in other areas seaward to the
outer limit of state title and ownership under the Submerged Lands Act
(43 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 20, 1963 (48 U.S.C. 1705, as applicable). The zone extends
inland from the shorelines only to the extent necessary to control
shorelands, the uses of which have a direct and significant impact on
the coastal waters. Excluded from the coastal zone are lands the use of
which is by law subject solely to the discretion of or which is held in
trust by the Federal Government, its officers or agents.
(2) As required by subsection 304(2), the term ``coastal waters''
means (i) in the Great Lakes area, the waters within the territorial
jurisdiction of the United States consisting of the Great Lakes, their
connecting waters, harbors, roadsteads, and estuary-type areas such as
bays, shallows and marshes, and
(ii) in other areas, those waters, adjacent to shorelines, which
contain a measurable quantity or percentage of sea water, including but
not limited to, sounds, bays, lagoons, bayous, ponds and estuaries.
15. Section 923.31 is amended by revising paragraphs (a)(1) and
(b)(1) and (2) to read as follows:
Sec. 923.31 Inland boundaries.
(a) * * *
(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.
* * * * *
(b) * * *
(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.
* * * * *
16. Section 923.32 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 923.32 Seaward boundaries.
(a) Requirements. (1) For states adjoining the Great Lakes, the
seaward boundary is the international boundary with Canada or the
boundaries with adjacent states. For all other states participating in
the program, 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).
* * * * *
17. Section 923.33 is amended by revising paragraph (c)(1)
introductory text to read as follows:
Sec. 923.33 Excluded lands.
* * * * *
(c) General comments. (1) 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. Therefore, states should consider mapping
the following types of excluded Federal lands:
* * * * *
Subpart E--Authorities and Organizations
18. Section 923.40 is amended by revising the second, fifth and
sixth sentences of paragraph (b), and paragraphs (c) and (d) to read as
follows:
Sec. 923.40 General.
* * * * *
(b) * * * 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. * * * 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) are described in Secs. 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, which provides:
In light of competing demands and the urgent need to protect and
to give high priority to natural systems in the coastal zone,
present state and local institutional arrangements for planning and
regulating land and water uses in such areas are inadequate.
(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.
19. Section 923.41 is amended by revising paragraphs (a), (b)(1)
and (b)(2) introductory text to read as follows:
Sec. 923.41 Identification of authorities.
(a)(1) As required by subsection 306(d)(2)(D), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes an identification of the
means by which the state proposes to exert control over the land uses
and water uses referred to in paragraph (B), including a listing of
relevant state constitutional provisions, laws, regulations, and
judicial decisions.
(2) As required by subsection 306(d)(10), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state, acting through its chosen agency or agencies
(including local governments, area-wide agencies, regional agencies, or
interstate agencies) has authority for the management of the coastal
zone. Such authority shall include power:
(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) * * *
(1) 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.
(2) This identification will include the authorities pursuant to
sections 306(d)(10) and 306(d)(11) of the Act which require a state to
have the ability to:
* * * * *
20. Section 923.42 is amended by revising paragraphs (a) and (b)
introductory text to read as follows:
Sec. 923.42 State establishment of criteria and standards for local
implemenation--Technique A.
(a) As required by subsection 306(d)(11), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program provides for any one or a combination
of general techniques for control of land uses and water uses within
the coastal zone. The first such control technique, at subsection
306(d)(11)(A), is state establishment of criteria and standards for
local implementation, subject to administrative review and enforcement.
(b) There are 5 principal requirements associated with use of the
control technique at subsection 306(d)(11)(A). They are that:
* * * * *
21. Section 923.43 is amended by revising paragraph (a), the first
sentence of paragraph (b) introductory text and the second sentence of
paragraph (c)(2)(i) to read as follows:
Sec. 923.43 Direct state land and water use planning and regulation--
Technique B.
(a) As required by subsection 306(d)(11), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program provides for any one or a combination
of general techniques for control of land and water uses within the
coastal zone. The second such control technique, at subsection
306(d)(11)(B), is direct state land and water use planning and
regulation.
(b) Control technique subsection 306(d)(11)(B) of the Act allows
for direct state control of land and water uses subject to the
management program on the basis of direct state authority. * * *
* * * * *
(c) * * *
(2) * * *
(i) * * * 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.
* * * * *
22. Section 923.44 is amended by revising paragraph (a) to read as
follows:
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) As required by subsection 306(d)(11), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program provides for any one or a combination
of general techniques for control of land and water uses within the
coastal zone. The third such control technique, at subsection
306(d)(11)(C), 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.
* * * * *
23. Section 923.45 is amended by revising paragraph (a), by
removing paragraph (b)(2), by redesignating paragraph (b)(3) as
paragraph (b)(2) and revising it to read as follows:
Sec. 923.45 Air and water pollution control requirements.
(a) As required by subsection 307(f), notwithstanding any other
provision of the title, nothing in the title shall in any way affect
any requirement:
(1) Established by the Federal Water Pollution Control Act, as
amended, or the Clean Air Act, as amended, or
(2) Established by the Federal Government or by any state or local
government pursuant to such Acts. Such requirements shall be
incorporated in any program developed pursuant to this title and shall
be the water pollution control and air pollution control requirements
applicable to such program.
(b) General comments. * * *
(2) Water quality standards are established by EPA promulgation or
approval of state standards, taking into consideration public water
supplies, protection and propagation of fish, shellfish and wildlife,
recreation, agriculture, industry and navigation. EPA itself develops
standards on effluent limitations, new source performance standards,
pre-treatment standards and toxic pollutant discharge standards.
* * * * *
24. Section 923.46 is amended by revising paragraphs (a), (c)(1)
and (c)(2) to read as follows:
Sec. 923.46 Organizational structure.
(a)(1) As required by subsection 306(d)(2)(F), before approving a
management program submitted by a coastal state, the Secretary shall
find that the management program includes a description of the
organizational structure proposed to implement such management program,
including the responsibilities and interrelationships of local,
areawide, state, regional and interstate agencies in the management
process.
(2) As required by subsection 306(d)(7), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state is organized to implement the management program.
* * * * *
(c) Requirements. (1) States 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).
(2) States must describe the relationship of these administering
agencies to the state agency designated pursuant to subsection
306(d)(6) of the Act.
25. Section 923.47(a) is amended by revising paragraph (a) to read
as follows:
Sec. 923.47 Designated state agency.
(a) As required by subsection 306(d)(6), before approving a
management program submitted by a coastal state, the Secretary shall
find that the Governor of the state has designated a single state
agency to receive and administer the grants for implementing the
management program.
* * * * *
SUBPART F--COORDINATION, PUBLIC INVOLVEMENT AND NATIONAL INTEREST
26. Section 923.50 is amended by revising paragraphs (a), (b)(2),
(b)(3) and the third sentence of paragraph (d) and by adding paragraphs
(b)(4) and (b)(5) to read as follows:
Sec. 923.50 General.
(a) As required by Section 303, the Congress finds and declares
that it is the national policy:
(1) To preserve, protect, develop, and, where possible, to restore
or enhance the resources of the Nation's coastal zone for this and
succeeding generations;
(2) To encourage and assist the states to exercise effectively
their responsibilities in the coastal zone through the development and
implementation of management programs to achieve wise use of the land
and water resources of the coastal zone, giving full consideration to
ecological, cultural, historic, and esthetic values as well as to needs
for compatible economic development;
(3) To encourage the preparation of special area management plans
which provide for increased specificity in protecting significant
natural resources, reasonable coastal-dependent economic growth,
improved protection of life and property in hazardous areas, including
those areas likely to be affected by land subsidence, sea level rise,
or fluctuating water levels of the Great Lakes, and improved
predictability in governmental decisionmaking;
(4) To encourage the participation and cooperation of the public,
state and local governments, and interstate and other regional
agencies, as well as of the Federal agencies having programs affecting
the coastal zone, in carrying out the purposes of this Act;
(5) To encourage coordination and cooperation with and among the
appropriate Federal, state, and local agencies, and international
organizations where appropriate, in collection, analysis, synthesis,
and dissemination of coastal management information, research results,
and technical assistance, to support state and Federal regulation of
land use practices affecting the coastal and ocean resources of the
United States; and
(6) To respond to changing circumstances affecting the coastal
environment and coastal resource management by encouraging states to
consider such issues as ocean uses potentially affecting the coastal
zone.
(b)* * *
(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 land subsidence and sea level rise.
* * * * *
(d) * * * 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.
27. Section 923.51 is amended by revising paragraph (a), the first
sentence of paragraph (b), paragraph (d) introductory text and
(d)(5)(vii) to read as follows:
Sec. 923.51 Federal-state consultation.
(a)(1) As required by subsection 306(d)(1), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state has developed and adopted a management program for
its coastal zone with the opportunity of full participation by relevant
Federal agencies.
(2) As required by section 307(b), the Secretary shall not approve
the management program submitted by a state pursuant to section 306
unless the views of Federal agencies principally affected by such
program have been adequately considered.
(b) The requirements of subsections 306(d)(1) and 307(b) of the Act
and those of subsections 307 (c) and (d) establish reciprocal State-
Federal relationships.* * *
* * * * *
(d) Requirements. In order to address that portion of subsection
306(d)(1) of the Act that deals with Federal agency participation, each
state must:
* * * * *
(5) * * *
(vii) Federally developed or assisted plans that must be
coordinated with the management program pursuant to subsection
306(d)(3) of the Act.
* * * * *
28. Section 923.52 is amended by revising paragraphs (a) and (b)(3)
to read as follows:
Sec. 923.52 Consideration of the national interest in facilities.
(a) As required by subsection 306(d)(8), the management program
provides 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 Secretary shall
find that the state has given consideration to any applicable national
or interstate energy plan or program.
(b) * * *
(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.
* * * * *
29. Section 923.53 is amended by revising paragraph (a)(1) to read
as follows:
Sec. 923.53 Federal consistency procedures.
(a) * * *
(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);
* * * * *
30. Section 923.54 is amended by revising paragraph (d) to read as
follows:
Sec. 923.54 Mediation.
* * * * *
(d) 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.
* * * * *
31. Section 923.55 is amended by revising paragraph (a) and the
first sentence of paragraph (b) to read as follows:
Sec. 923.55 Full participation by state and local governments,
interested parties and the general public.
(a) As required by subsection 306(d)(1), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state has developed and adopted a management program for
its coastal zone with the opportunity of full participation by state
agencies, local governments, regional organizations, port authorities,
and other interested public and private parties.
(b) Requirements. In addition to consultation with Federal
agencies, subsection 306(d)(1) of the Act requires that the opportunity
for full participation in program development be provided state
agencies, local governments, regional commissions and organizations,
and other interested public and private parties. * * *
* * * * *
32. Section 923.56 is amended by revising paragraphs (a) and (b)(1)
to read as follows:
Sec. 923.56 Plan coordination.
(a) As required by subsection 306(d)(3)(A), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state has coordinated its program 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) * * *
(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;
* * * * *
33. Section 923.57 is amended by revising paragraphs (a), (b)(1),
(b)(2)(i) and (b)(2)(iv) to read as follows:
Sec. 923.57 Continuing consultation.
(a) As required by subsection 306(d)(3)(B), before approving a
management program submitted by a coastal state, the Secretary shall
find that the state has established an effective mechanism for
continuing consultation and coordination between the management agency
designated pursuant to paragraph (6) of section 306(d) 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 title; except that the Secretary shall not find any mechanism to
be effective for purposes of this paragraph unless it requires that:
(1) the management agency, before implementing any management
program decision which would conflict with any local zoning ordinance,
decision, or other action, shall send a notice of the management
program decision to any local government whose zoning authority is
affected;
(2) within the 30-day period commencing on the date of receipt of
that notice, the local government may submit to the management agency
written comments on the management program decision, and any
recommendation for alternatives; and
(3) such management agency, if any comments are submitted to it,
within the 30-day period, by any local government:
(i) shall consider the comments;
(ii) may, in its discretion, hold a public hearing on the comments;
and
(iii) may not take any action within the 30-day period to implement
the management program decision.
(b) Requirements. (1) Establish a mechanism or mechanisms which
will provide for continuing consultation and coordination after program
approval between local governments, regional, areawide, multi-state and
other state agencies with activities in the coastal zone and the state
agency designated pursuant to subsection 306(d)(6) of the Act;
(2) * * *
(i) ``Management agency'' refers to the state agency designated to
the Governor pursuant to subsection 306(d)(6) of the Act and to any
other state agency responsible for implementing a management program
decision;
* * * * *
(iv) ``Local government'' refers to these defined in section
304(11) of the Act which have some form of zoning authority.
* * * * *
34. Section 923.58 is amended by revising paragraph (a) to read as
follows:
Sec. 923.58 Public hearings.
(a) As required by subsections 306(d)(1) and 306(d)(4), before
approving a management program submitted by a coastal state, the
Secretary shall find that the state has developed and adopted a
management program for its coastal zone after notice, and with the
opportunity of full participation by relevant Federal agencies, state
agencies, local governments, regional organizations, port authorities,
and other interested parties and individuals, public and private, which
is adequate to carry out the purposes of the Act and is consistent with
the policy declared in section 303; and shall find that the state has
held public hearings in the development of the management program.
* * * * *
35. Subpart G is revised to read as follows:
Subpart G--Environmental Review
Sec. 923.60 Environmental assessment.
(a) Requirements. 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 the
Council on Environmental Quality regulations, 40 CFR 1506.5 (a) and
(b), state environmental assessments shall contain the following
information:
(1) A summary of the state's management program;
(2) A brief discussion of the need for the state's participation in
the Federal program;
(3) A succinct description of the environment to be affected by
program implementation;
(4) A description and discussion of the major alternatives which
were considered by the state in developing the coastal management
program;
(5) A discussion of the environmental impacts of implementing the
program;
(6) A listing of agencies or persons consulted in determining the
impacts of the management program.
(b) General comments. OCRM will independently evaluate the state's
environmental assessment and use as much as possible in developing an
EIS on the management program. An EIS will be produced for all state
programs submitted for 306 approval. The timing and review procedure
for the EIS are discussed in Sec. 923.72.
36. Section 923.70 is revised to read as follows:
Subpart H--Review/Approval Procedures
Sec. 923.70 General.
The purpose of this subpart is to describe the process of state
program review and approval following submission of a state's
management program to the Assistant Administrator. Because the review
process involves preparation and dissemination of draft and final
environmental impact statements and lengthy Federal agency review;
states should at least anticipate that it normally will take 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 the sections
that follow. This subpart also provides guidance on a recommended
format for the program document submitted to the Assistant
Administrator for review and approval.
37. Section 923.71 is amended by revising Table 2 in paragraph (b)
and paragraph (c)(4) (i) through (vi), and removing paragraph (d) to
read as follows:
Sec. 923.71 Recommended format for program submission.
* * * * *
(b) * * *
Table 2. Chart--Findings Necessary for Section 306 Approval
------------------------------------------------------------------------
Associated section(s)
Section of the act of these regulations
------------------------------------------------------------------------
Section 306(d) which includes:
306(d)(2)(A): Boundaries................... 923.31-923.34
306(d)(2)(B): Uses subject to management... 923.11
306(d)(2)(C): Areas of particular concern.. 923.21-923.23
306(d)(2)(D): Means of control............. 923.41
306(d)(2)(E): Guidelines on priorities of 923.21
uses.
306(d)(2)(F): Organizational structure..... 923.46
306(d)(2)(G): Shorefront planning process.. 923.24
306(d)(2)(H): Energy facility planning 923.13
process.
306(d)(2)(I): Erosion planning process..... 923.25
306(d)(1): Notice: full participation; 923.3, 923.51, 923.55,
consistent with sec. 303. & 923.58
306(d)(3)(A): Plan coordination............ 923.56
306(d)(3)(B): Continuing consultation 923.57
mechanisms.
306(d)(4): Public hearings................. 923.58
306(d)(5): Gubernatorial review and 923.48
approval.
306(d)(6): Designation of recipient agency. 923.47
306(d)(7): Organization.................... 923.46
306(d)(10): Authorities.................... 923.41
306(d)(8): Adequate consideration of 923.52
national interest.
306(d)(9): Areas for preservation/ 923.22
restoration.
306(d)(10)(A): Administer regulations, 923.41
control development; resolve conflicts.
306(d)(10)(B): Powers of acquisition, if 923.41
necessary.
306(d)(11): Technique of control........... 923.42-923.44
306(d)(12); Uses of regional benefit....... 923.12
Section 307 which includes:
307(b): Adequate consideration of Federal 923.51
agency views.
307(f): Incorporation of air and water 923.45
quality requirements.
------------------------------------------------------------------------
* * * * *
(c) * * *
(4) * * *
(i) Boundaries. The requirements of subsection 306(d)(2)(A) of the
Act and Subpart D of these regulations should be addressed. States may
want to indicate here, or as part of the EIA, major boundary
alternatives considered. General maps of the management boundaries and
of excluded Federal lands, if provided, are recommended for inclusion
in this section (or if more easily handled as a separate appendix,
their location in the appendix should be indicated in this section).
(ii) Uses subject to management. The requirements of subsections
306(d)(2)(B), 306(d)(2)(H), and 306(d)(12) of the Act and related
sections 923.11 through 923.13 of these regulations should be
addressed.
(iii) Special management areas. The requirements of subsections
306(d)(2)(C), 306(d)(2)(E), 306(d)(2(G), 306(d)(2)(I), and 306(d)(9)
and the associated requirements of Subpart C of these regulations
should be addressed. States are encouraged to include generalized maps
located designated Areas of Particular Concern.
(iv) Authorities and organization. The requirements of subsections
306(d)(2)(D), 306(d)(2)(F), 306(d)(6), 306(d)(10), 306(d)(11), and
307(f) of the Act and the associated requirements of Subpart E of these
regulations should be addressed. This should include a discussion of
the administrative and legal bases that will be used to implement and
insure enforcement of and compliance with the policies of the
management program. This section should include, as applicable,
discussion of six types of legal authorities: state legislation, state
agency regulations, gubernatorial executive orders, interagency
agreements, significant judicial decisions and significant
constitutional provisions. With respect to the organization structure
that will be used to implement the management program, this section
should include a discussion of the roles and responsibilities during
the program implementation of the state agency designated pursuant to
subsection 306(d)(6) of the Act and of other state, local or regional
agencies that will be involved in carrying out the management program.
The relationship of the designated state agency to these other agencies
also should be described.
(v) Consultation, participation and national interests. The
requirements of subsections 306 (d)(1) through (d)(4), 306(d)(8) and
307(b) of the Act and the related requirements of Subpart F of these
regulations should be addressed. Included herein should be a summary of
consultation efforts with relevant Federal and state agencies, local
governments, regional, areawide and/or interstate entities. A summary
of public information and participation during program development
should be included. Also included herein should be discussions of
national interest considerations; what procedures the state will use to
implement the Federal consistency provisions of the Act; and what
mechanisms will be used to insure continued governmental consultation
and public participation after program approval. Detailed documentation
regarding a number of the requirements addressed in this section can be
reserved for appendices.
(vi) Miscellaneous. Normally, states will address the requirements
of subsection 306(d)(5) and related section 923.48 in the gubernatorial
transmittal that will accompany the program submission.
38. Section 923.73 is revised to read as follows:
Sec. 923.73 Miscellaneous.
The timelines laid out in Sec. 923.72 may be shortened if reduction
of the time allotted to review environmental impact statements is
proposed consistent with applicable procedures and guidelines of CEQ
and their concurrence is requested. Reductions in review time normally
are limited to emergency circumstances or conditions which would result
in impaired program effectiveness.
Secs. 923.74, 923.75, 923.76 [Removed]
39. Sections 923.74, 923.75 and 923.76 are removed.
40. Section 923.80 is amended by redesignating paragraph (c) as
paragraph (d), revising paragraph (b), and adding a new paragraph (c)
to read as follows:
Subpart I--Amendments to and Termination of Approved Management
Programs
Sec. 923.80 General.
* * * * *
(b) As required by subsection 306(e), any coastal state may amend
or modify a management program which it has submitted and which has
been approved by the Secretary under this subsection, subject to the
following conditions:
(1) The state shall promptly notify the Secretary of any proposed
amendment, modification, or other program change and submit it for the
Secretary's approval. The Secretary may suspend all or part of any
grant made under this subsection pending state submission of the
proposed amendment, modification or other program change.
(2) Within 30 days after the date the Secretary receives any
proposed amendment, the Secretary shall notify the state whether the
Secretary approves or disapproves the amendment, or whether the
Secretary finds it is necessary to extend the review of the proposed
amendment for a period not to exceed 120 days after the date the
Secretary received the proposed amendment. The Secretary may extend
this period only as necessary to meet the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If the
Secretary does not notify the coastal state that the Secretary approves
or disapproves the amendment within that period, then the amendment
shall be conclusively presumed as approved.
(3)(i) Except as provided in paragraph (3)(ii), a coastal state may
not implement any amendment, modification, or other change as part of
its approved management program unless the amendment, modification, or
other change is approved by the Secretary under this paragraph.
(ii) The Secretary, after determining on a preliminary basis, that
an amendment, modification or other change which has been submitted for
approval under subsection 306(e) is likely to meet the program approval
standards, may permit the state to expend funds awarded under
subsection 306(e) to begin implementing the proposed amendment,
modification, or change. This preliminary approval shall not extend for
more than 6 months and may not be renewed. A proposed amendment,
modification, or change which has been given preliminary approval and
is not finally approved under this paragraph shall not be considered an
enforceable policy for purposes of subsection 307 of the Act.
(c) As required by subsection 312(d), the Secretary 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, if the Secretary
determines that the coastal state has failed to take the actions
referred to in subsection 312(c)(2)(A).
* * * * *
41. Section 923.81 is amended by revising paragraphs (a) and
(b)(3)(i) to read as follows:
Sec. 923.81 Requests for amendments.
(a) Requirement. 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)) if the Governor had
delegated this responsibility and such delegation is part of the
approved management program.
(b) * * *
(3) * * *
(i) At least one public hearing must be held on the proposed
amendment, pursuant to subsection 306(d)(4) of the Act.
* * * * *
42. Section 923.82 is amended by revising paragraphs (a)(1)(i)(A),
(a)(1)(v)(D), (a)(2), (b) and (c) to read as follows:
Sec. 923.82 Amendment review/approval procedures.
(a) * * *
(1) * * *
(i) * * *
(A) Areas the management of which is necessary to control uses with
direct and significant impacts on coastal waters or areas likely to be
affected by or vulnerable to sea level rise;
* * * * *
(v) * * *
(D) In the case of energy facilities, consideration of any
applicable interstate energy plan or program (see Sec. 923.52(c)(3)).
(2) The procedural requirements of section 306(d) of the Act have
been met. These procedural requirements are that:
(i) The state has developed the amendment with the opportunity for
full participation by relevant Federal agencies, state agencies, local
governments, regional organizations, port authorities, and other
interested public and private parties (subsection 306(d)(1));
(ii) The state has coordinated the amendment with local, area-wide
and interstate plans applicable to areas within the coastal zone
affected by the amendment and existing on January 1 of the year in
which the amendment request is submitted (subsection 306(d)(3)(A));
(iii) Notice has been provided and a public hearing held on the
proposed amendment (subsections 306(d)(1), 306(d)(3) and 306(d)(4));
and
(iv) The Governor or the head of the state agency, designated
pursuant to subsection 306(d)(6), has reviewed and approved the
proposed amendment (subsection 306(d)(5)).
(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. * * *
43. Section 923.83 is amended by revising the first sentence of
paragraph (b) to read as follows:
Sec. 923.83 Mediation of amendments.
* * * * *
(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. * * *
* * * * *
44. Section 923.90 is amended by revising paragraphs (e) and (f) to
read as follows:
Subpart J--Applications for Program Development or Implementation
Grants
Sec. 923.90 General.
* * * * *
(e) 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 used
interchangeably and mean grants awarded pursuant to subsection 306(a)
of the Act.
(f) 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, 1305 East-West
Highway, 11th Floor, Silver Spring, MD 20910.
45. Section 923.91 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 923.91 State responsibility.
(a) Applications for program grants shall 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 shall
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.
* * * * *
46. Section 923.92 is amended by revising paragraph (a) to read as
follows:
Sec. 923.92 Allocation.
(a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) foster
intergovernmental cooperation in that a state, in accordance with its
coastal zone management program, may allocate 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.
* * * * *
Secs. 923.93, 923.98 [Removed]
47. In Subpart J, sections 923.93 and 923.98 are removed and
sections 923.94, 923.95, 923.96, 923.97 923.99 and 923.100 are
redesignated as sections 923.93, 923.94, 923.95, 923.96, 923.97 and
923.98, respectively.
48. Section 923.93 is amended by revising paragraph (c)(2)(i) and
the first sentence of paragraphs (d) and (f) to read as follows:
Sec. 923.93 Eligible implementation costs.
* * * * *
(c) * * *
(2) * * *
(i) Prevent or mitigate loss of life and property in such coastal
hazard areas as floodplains, erosion-prone areas, areas subject to
subsidence, saltwater intrusion, or sea level rise;
* * * * *
(d) Implementation funding may be applied to the management of
designated areas of particular concern, especially areas designated for
preservation or restoration purposes pursuant to section 306(d)(9) of
the Act. * * *
(e) * * *
(f) Equipment purchases by the grantee of more than five thousand
(5,000) dollars per item require NOAA approval prior to purchase. * * *
* * * * *
49. Section 923.95 is amended by revising paragraph (a)(4) to read
as follows:
Sec. 923.95 Applications for subsequent program development grants.
(a) * * *
(4) Indicate when the state will submit a management program to the
Assistant Administrator for review and final approval pursuant to
section 306 of the Act.
* * * * *
50. Section 923.98 is amended by revising paragraph (a) to read as
follows:
Sec. 923.98 Grant amendments.
(a) Actions which 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
OMB Circular A-102, or extension of the grant period must be submitted
to the Assistant Administrator and approved in writing by him/her and
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.
* * * * *
51. In 15 CFR part 923, subpart K is removed.
Secs. 923.1, 923.47, 923.62, 923.70, 923.71, 923.72, 923.81, 923.82,
923.84, 923.93 [Amended]
52. In addition to the amendments set forth above, in 15 CFR part
923, remove the word ``OCZM'' and add, in its place, the word ``OCRM''
in the following places:
a. Section 923.1(d)(5);
b. Section 923.47(b)(3) and (c)(1);
c. Section 923.70;
d. Section 923.71 (a) and (c);
e. Section 923.72(a);
f. Section 923.81(b)(4)(i);
g. Section 923.82(a) introductory text and (c)(1) introductory
text;
h. Section 923.84(b)(1) introductory text, (b)(1)(i), (b)(1)(ii),
(b)(2) introductory text, (b)(2)(i)(B), (b)(2)(i)(C), (b)(3), (b)(4)
introductory text, (b)(4)(i)(A), and (b)(5);
i. Section 923.90(a); and
j. Section 923.93(e)(4)(ii) and (g).
53. Section 923.1(d)(5) is amended by removing the words ``Office
of Coastal Zone Management'' and adding, in their place, the words
``Office of Ocean and Coastal Resource Management''.
54. Section 923.90(f) is revised to read as follows:
Sec. 923.90 General.
* * * * *
(f) 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 Program
Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 20910.
PART 926--COASTAL ZONE MANAGEMENT PROGRAM DEVELOPMENT GRANTS,
ALLOCATION OF FUNDS TO STATES
55. Part 926 is removed and reserved.
PART 927--ALLOCATION OF SECTION 306 PROGRAM ADMINISTRATION GRANTS
56. Section 927.1 is amended by revising paragraphs (a), (b) and
(f) to read as follows:
Sec. 927.1 Allocation formula.
(a) As required by subsection 306(a), the Secretary may make grants
to any coastal state for the purpose of administering that state's
management program, if the state matches any such grant according to
the following ratios of Federal-to-state contributions for the
applicable fiscal year:
(1) For those states for which programs were approved prior to
enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 1
to 1 for any fiscal year.
(2) For programs approved after enactment of the Coastal Zone Act
Reauthorization Amendments of 1990, 4 to 1 for the first fiscal year,
2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fiscal
year, and 1 to 1 for each fiscal year thereafter.
(3) As required by subsection 306(b), the Secretary may make a
grant to a coastal state under subsection 306(a) only if the Secretary
finds that the management program of the coastal state meets all
applicable requirements of this title and has been approved in
accordance with subsection 306(d).
(4) As required by subsection 306(c), grants under this section
shall be allocated to coastal states under approved programs based on
rules and regulations promulgated by the Secretary which shall take
into account the extent and nature of the shoreline and area covered by
the program, population of the area, and other relevant factors. The
Secretary shall establish, after consulting with the coastal states,
maximum and minimum grants for any fiscal year to promote equity
between coastal states and effective coastal management.
(b) Minimum/maximum allocations. The Assistant Administrator shall
establish minimum and maximum state allocations annually, after
consultation with the coastal states.
(c) * * *
(d) * * *
(e) * * *
(f) Calculation of financial assistance award levels. Actual
financial assistance award levels will be set from base level
allocations, any adjustments under paragraph (e) above, and in
accordance with the provisions of Section 312(c) and (d).
* * * * *
[FR Doc. 94-11715 Filed 5-27-94; 8:45 am]
BILLING CODE 3510-08-P-M
