Alaska Coastal Management Program

[From the U.S. Government Printing Office, www.gpo.gov]

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ALASKA COASTAL MANAGEMENT PROGRAM

State of Alaska Steve Cowper, Governor
Office of the Governor September 1988
Division of Governmental Coordination

COASTAL ZONE
INFORMATION CENTER

TABLE OF CONTENTS
PAGE

ACKNOWLEDGEMENTS . . . . . . . . . . . . . . . . . . . . iv

HOW TO USE THIS DOCUMENT . . . . . . . . . . . . . . . . v

CHAPTER I - SUMMARY
Purpose of Coastal Management in Alaska . . . . . . I-1
Coastal Management: The Legislative Framework . . . I-1
The Alaska Coastal Policy Council . . . . . . . . . 1-4
Alaska's Coastal Management Program Standards . . . 1-4
Alaska's Coastal Zone Boundaries . . . . . . . . . . 1-5
Coastal District Planning . . . . . . . . . . . . . 1-5
The Consistency Review Process: How It Works . . . 1-6

CHAPTER II - ALASKA COASTAL MANAGEMENT PROGRAM
LEGISLATIVE FRAMEWORK
Federal . . . . . . . . . . . . . . . . . . . . . . II-1
State of Alaska . . . . . . . . . . . . . . . . . . II-1

CHAPTER III - ALASKA COASTAL POLICY COUNCIL
Membership . . . . . . . . . . . . . . . . . . . . . III-1
Responsibilities . . . . . . . . . . . . . . . . . 111-3

CHAPTER IV - COASTAL DISTRICTS
Introduction . . . . . . . . . . . . . . . . . . . IV-1
Definition of Coastal District . . . . . . . . . . . IV-2
Coastal District Program Development . . . . . . . . IV-3
Coastal District Program Abstracts . . . . . . . . . IV-14

CHAPTER V - ALASKA COASTAL MANAGEMENT PROGRAM
STANDARDS
Regulations for Coastal Development and Protection. V-1
6 AAC 80.040 Coastal Development . . . . . . . V-1
6 AAC 80.050 Geophysical Hazard Areas . . . . . V-3
6 AAC 80.060 Recreation . . . . . . . . . . . . V-5
6 AAC 80.070 Energy Facilities . . . . . . . . V-5
6 AAC.80.080 Transportation and Utilities . . . V-9
6 AAC.80.090 Fish and Seafood Processing . . . V-11
6 AAC.80.100 Timber Harvest and Processing . . V-11
6 AAC 80.110 Mining and Mineral Processing . . V-12
6 AAC 80.120 Subsistence . . . . . . . . . . . V-13
6 AAC 80.130 Habitats . . . . . . . . . . . . . V-15
6 AAC 80.140 Air, Land, and Water Quality . . . V-18
6 AAC 80.150 Historic, Prehistoric, and
Archaeological Resources . . . . . V-18

Areas Which Merit Special Attention . . . . . . . . V-19
AS 46.40.210(l) Definition of AMSAs . . . . . . V-19
6 AAC 80.158 Criteria for Determining AMSAs. . V-19
AMSA Management Approach . . . . . . . . . . . V-20

i
September 1988

TABLE OF CONTENTS (Continued)
PAGE

Uses of State and National Concern . . . . . . . . . V-21
AS 46.40.210(6) Definition of Uses of State and
National Concern . . . . . . . V-21
Coastal Policy Council List of Uses of
State Concern . . . . . . . . . V-22
AS 46.40.070(c) Conditions for Restricting or
Excluding a Use of State
Concern . . . . . . . . . . . . V-24

CHAPTER VI - ALASKA COASTAL MANAGEMENT PROGRAM
IMPLEMENTATION
Introduction . . . . . . . VI-1
State Consistency Review Process . . . . . . . . . . VI-1
Federal Consistency Requirements . . . . . . . . . . VI-8
Local Implementation . . . . . . . . . . . . . . . . VI-11

CHAPTER VII GLOSSARY . . . . . . . . . . . . . . . . . VII-1

CHAPTER VIII APPENDICES
Appendix A - Enabling Legislation . . . . . . . . . A-1
Appendix B - Key Players . . . . . . . . . . . . . . B-1
Appendix C - List of Federal Permits Requiring
Consistency Review . . . . . . . . . . C-1

ii
September 1988

LIST OF FIGURES PAGE
Figure I-1 Coastal Districts . . . . . . . . . . . 1-3
Figure III-1 Coastal Management Regions . . . . . . 111-2
Figure 111-2 Coastal Management Program
Relationships . . . . . . . . . . . . . 111-4
Figure IV-1 Flowchart - District Coastal Management
Program Development . . . . . . . . . . IV-4

Figure VIII-B.1 Coastal Management Regions . . . . . . .VIII-B-2

Figure VIII-B.2 Agency Regions . . . . . . . . . . . . VIII-B-14

LIST OF TABLES

Table VI-1 Consistency Review Schedule . . . . . . VI-2
Table VIII-B.1 Alaska Coastal Policy Council Members
and Alternates . . . . . . . . . . . . . B-3

Table VIII-B.2 Coastal District Coordinators . . . . . B-6

Table VIII-B.3 Department of Governmental Coordination
Coastal Management Staff Contacts by
District . . . . . . . . . . . . . . . . B-10

Table VIII-B.4 Department of Community and Regional
Affairs Coastal Management Staff by
District . . . . . . . . . . . . . . . . B-12

Table VIII-B.5 State of Alaska Resource Agency Contacts
by Region . . . . . . . . . . . . . . . B-15

SeptaTber 1988

ACKNOWLEDGERENTS

We extend our thanks to the following agencies and coastal districts
who have helped to develop this document:

� Alaska Coastal Management Program District Coordinators,
Coastal Resource Service Area board members, and local
coastal district officials;

� Alaska Division of Governmental Coordination;

� Alaska Department of Community and Regional Affairs;

� Alaska Department of Fish and Game;

� Alaska Department of Natural Resources;

0 Alaska Department of Environmental Conservation;

� U.S. Army Corps of Engineers; and

� U.S. Environmental Protection Agency.

Financial assistance for this publication was provided by the Alaska
Coastal Management Program and the Coastal Zone Management Act of
1972, as amended, administered by the office of ocean and Coastal
Resource Management, National Oceanic and Atmospheric Administration,
U.S. Department of Commerce.

This document was prepared by Ott Engineering, Inc., Anchorage,
Alaska.

iv
Septwber 1988

HOW TO USE THIS DOCUMENT

The on-going activities of the Alaska Coastal Management Program will
require this document to be updated frequently. This will ensure
it is always current and of the most value to the coastal districts,
agencies, and the public. This document has been designed so it
can be easily updated. Each page is dated in the lower right-hand
corner. When updates or revisions are received, discard the outdated
pages according to the accompanying instructions, and insert the

new pages.

This document uses distinctive formatting to highlight parts of the
text, as shown below:

Federal and state statutes and regulations are reprinted in bold
typeface, as shown below:

6 AAC 80.090. FISH AND SEAFOOD PROCESSING.

Districts shall identify and may designate areas of the coast
suitable for the location or development of facilities relating to
commercial fishing and seafood processing. (Eff. 7/18/78, Reg. 67)
Authority: AS 44.19.161

AS 46.40.040

A concise explanation usually follows reach statute or regulation.
The explanation is indented, as shown below:

Fish and seafood processing facilities include aquaculture
facilities, hatcheries, seafood processing plants and
marine industrial and commercial facilities. The fish
and seafood processing standard allows districts to
identify and reserve appropriate coastal locations for
these facilities.

v
September 1988

A broader discussion usually follows the specific explanation of the
9 statute or regulation. It is not indented and is printed in normal
typeface.

vi
September 1988

llsg@

0
L

I - Summary

PURPOSE OF COASTAL MANAGEMENT IN AIASKA

With the passage of the Alaska Coastal Management Act in 1977, local
governments, rural regions, and the State of Alaska began to manage
cooperatively the use and protection of Alaska's coastal resources.
Today, thirty-two coastal communities and regions work closely
with the state to prepare plans and establish permitting procedures
that guide development in their respective local areas. The Alaska
Coastal Management Program (ACMP) serves as a forum for resolving
conflicts among coastal communities, state agencies, and potential
developers. The program seeks to facilitate the permitting of
proposed development projects while helping to ensure that local
and state interests in coastal development are met.

The Alaska Coastal Management Program is designed to:

0 bring a broad perspective to decisions on coastal uses;
0 provide information needed for sound decision-making;
0 provide a forum where conflicts can be identified and
resolved;
0 enhance the State of Alaska's role in federal resource
decision-making and the role of local governments in state
and federal decision-making; and
0 improve the timeliness and coordination of permitting
decisions for coastal projects.

COASTAL MANAGEMENT: THE LEGISLATIVE FRAMEWORK

Coastal management planning began at the national level with the
enactment of the federal Coastal Zone Management Act (CZMA) of
1972. In the federal act, Congress stated its intent to "develop
a national program for the management, beneficial use, protection,
and development of land and water resources of the nation's coastal
zone." The overall goal of the program is to achieve a pxgper
balance of resource development and protection.

I-1
September 1988

The federal act encourages states to develop coastal management
programs tailored to their needs and interests. As an incentive,
the federal act authorizes grants to states to develop and implement
their programs. The act also requires the federal government, in
its discretionary actions, to be consistent with approved state

programs.

The State of Alaska initiated its coastal management program by
adopting the Alaska Coastal Management Act in 1977. The Act received
federal approval in 1979. The Alaska Coastal Management Act (ACMA)
provides for orderly and balanced development of Alaska's coast,
with full opportunity for coastal residents to take part in planning
and decision-making.

The state act provides for local communities and regions designated
as "coastal districts" to develop proposals for managing their
coastal resources. The districts submit their management proposals
to the state and then the federal government for approval. When
the district's proposal for managing its coastal resources earns
state and federal approval, the district is acknowledged to have
an "approved district program.11 These approved district programs,
along with the more general standards of the ACMP, set the guidelines
for coastal development in Alaska.

The state act establishes coastal districts based on the existing
organization of local government. Coastal districts include:

0 organized boroughs that exercise planning authority;
0 unified home rule municipalities;
0 home rule cities, first-class cities, and, under certain
circumstances, second-class cities; and
0 regional coastal resource service areas directed by elected
planning boards.

Figure I-I is a map of Alaska which shows the 32 organized coastal
districts.

1-2
September 1988

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THE ALASKA COASTAL POLICY COUNCIL

The Alaska Coastal Policy Council (known as the "Council", or CPC)
oversees the ACMP, setting policy and reviewing coastal district
programs for approval. The Council represents both local and
state interests. The Council is made up of nine locally-elected
officials such as mayors, city council or borough assembly members;
six state Commissioners and their designees; and the director of
the Division of Governmental Coordination (DGC) in the office of
the Governor. Local representatives to the council are nominated
by local units of government and appointed by the Governor. The
Council receives staff support from DGC. DGC coordinates the
development, review, approval, and implementation of district
programs, working closely with the public and the state agencies
represented on the Council.

ALASKA COASTAL MANAGEMENT PROGRAM STANDARDS

The Council adopted standards to guide coastal development (6 AAC
80.040-80.150; see Chapter V for discussion). These standards are
the state coastal program requirements in areas where district
programs have not yet been developed and approved. Also, coastal
districts consider these standards in developing their local

programs.

The ACMP standards address the following topics:

0 industrial, commercial, and residential coastal
development;
0 geophysical hazards;
0 recreation;
0 energy facilities;
0 transportation and utilities;
0 fish and seafood processing;
0 timber harvest and processing;
0 mining and mineral processing;

1-4
September 19BB

0 subsistence;
0 habitats;
0 air, land, and water quality; and
0 historic, prehistoric, and archaeological resources.

ALASKA'S COASTAL ZONE BOUNDARIES

The original boundaries of Alaska's coastal zone were defined by the
CPC in 1978 based on biological and physical features of Alaska's
coastal regions. These boundaries, called the "interim" boundaries,
are described in the Biophysical Boundaries of Alaska (1978). The
boundaries encompass areas which have direct interaction with or
direct influence on coastal waters and resources.

During the coastal planning process, the district may revise these
"interim" boundaries, with Council approval. The final boundaries
may be changed from the interim boundaries so that the new
boundaries: a) extend inland and seaward to the extent necessary
to manage uses and activities that have or may have a direct and
significant impact on marine coastal waters; and b) include all
transitional and intertidal areas, salt marshes, saltwater wetlands,
islands, and beaches. The boundaries may also be based on political
jurisdiction, planning areas, or topographic features. The current
boundaries of Alaska's coastal zone are mapped in an atlas titled
Coastal Zone Boundaries of Alaska (June 1988). Copies of the
atlas are available from DGC.

COASTAL DISTRICT PLANNING

Each participating local district develops a coastal management
program for its community or region. District coastal management
programs include:

0 a discussion of community or regional issues, goals, and
objectives for coastal management;
is 0 a coastal resource inventory and analysis;

1-5
September 1988

0 a delineation of the district boundaries;
0 policies for coastal development and protection; and
0 a description of the ways in which the program will be
implemented.

Some coastal areas have unique or significant values or uses. Coastal
districts can designate these as areas which merit special attention
(AMSAs). The districts can propose special management plans for
these areas, whether the areas are located inside or outside of
the districts' boundaries. The Council has the authority to adopt
and administer the special management plans for the AMSAs.

After receiving local, state, and federal approvals, the district
programs guide development that is located in the coastal zone or
that may affect coastal resources or other uses. The programs are
implemented through a number of existing processes:

0 the state's consistency review process, in which proposed
development projects are reviewed by state resource
agencies for consistency with the district program policies
and the ACMP standards, triggering the issuance of state
permits;

0 federal planning and decision-making on development; and

0 exercise of local planning authority through measures such
as municipal ordinances, zoning, comprehensive planning,
and local permits.

THE CONSISTENCY REVIEW PROCESS: HOW IT WORKS

The ACMP consistency review regulations (6 AAC 50) provide a
streamlined, coordinated process for reviewing and issuing state
permits for proposed development projects affecting natural resources
in Alaska's coastal zone. Coastal development projects are reviewed
0 to ensure that they are consistent with ACMP standards and the

1-6
Septwber 1988

policies of approved coastal district programs. Consistency reviews
oversee the full range of development activities important to
Alaska's economy: oil and gas development; timber harvesting;
mining; mariculture; and placement of fill for residential,
industrial, and public utilities development, such as docks,
breakwaters, and roads.

The consistency review process:

0 provides a structure for the project applicant and local
residents to take part in state coastal management
decisions;

0 assists applicants in applying for and obtaining state and
federal permits;

0 provides a mechanism for resolving conflicts between the
agencies, applicant, and local residents;

0 eliminates repetitive state agency reviews;

0 provides timely and coordinated state response to proposed
coastal development projects; and

0 streamlines reviews and expedites state decisions on
coastal projects.

The DGC coordinates the review of projects proposed in Alaska's
coastal area whenever projects require permits from two or more
state agencies, or when a federal agency permit or activity is
involved. The review process includes the applicant, state resource
agencies, and affected districts with an approved coastal management
program. The three state resource agencies, the Alaska Departments
of Environmental Conservation (DEC), Fish and Game (DFG), and
Natural Resources (DNR) are the state agencies responsible for
managing Alaska's natural resources and always participate in

1-7
September 1988

coordinated consistency reviews. DGC seeks consensus from these
agencies, the district and the applicant before making a final
decision on whether to allow a project in the coastal area, and under
what conditions.

The consistency review takes 30 or 50 days. Once a proposed coastal
development project has been found consistent with the ACMP,
including the applicable approved district program, and has met
other agency permit requirements, state permits are promptly issued.

September 1988

0
1

11 -- Alaska Coastal
0 Management Program
Legislative Framework

FEDERAL

Congress passed the Coastal Zone Management Act (CZMA) in 1972,
and amended it in 1983 and 1985. The CZMA (P.L. 92-583) is included
in Appendix A. In the CZMA, Congress stated its intent to "develop
a national program for the management, beneficial use, protection,
and development of land and water resources of the nation's coastal
zone." The overall goal of the program was to achieve a proper
balance of coastal resource development and protection.

The CZMA offered states two incentives to develop programs tailored
to local coastal management needs and interests. First, the CZMA
authorized grants to states to develop and implement their programs.
The National Oceanic and Atmospheric Administration (NOAA)
established the Office of Ocean and Coastal Resource Management
(OCRM) (formerly the Office of Coastal Zone Management) to administer
the new state programs. Guidelines and requirements for state
program development are contained in 15 CFR Part 923, as revised
and published March 1, 1978 in the Federal Register.

Second, the CZMA required the federal government's discretionary
actions to be consistent with approved state programs. Federal
regulation 15 CFR 930 guides federal agencies that conduct or
support activities directly affecting the coastal zone, or that
issue permits for coastal projects. These regulations mandate
that federal agencies receive state concurrence that federal
activities are consistent with the state's approved management
program before the activities can begin. A 1985 amendment excluded
Outer Continental Shelf (OCS) oil and gas lease sales from federal
consistency requirements.

STATE OF AIASKA

The Alaska Coastal Management Act (ACMA) of 1977 (AS 44.19 and AS
46.40) provides the legislative authority for the ACMP. The Act
is included in Appendix A. The ACMA provides for orderly and

september 1988

balanced development of Alaska's coast, granting coastal residents
full opportunity to take part in planning and decision-making.

Two sets of state regulations in the Alaska Administrative Code
carry forward the intent of the ACMA. The Council promulgated the
first set, 6 AAC 80 and 6 AAC 85, in 1978. These regulations
received federal approval in 1979 and have been amended several
times. These regulations present substantive standards for coastal
development, and guidelines for the development of detailed local
coastal management programs by coastal districts. The second set
of regulations, 6 AAC 50, governs how the state reviews projects
for consistency with the ACMP. These consistency regulations were
adopted in 1984.

11-2
Septeffber 1988

0
L

0 111 - Alaska Coastal
Policy Council

MEMBERSHIP

Section 44.19.155 of the ACMA created the sixteen-member Coastal
Policy Council. The Council is comprised of seven state agency
officials and nine locally-elected officials appointed by the
governor. Appendix B includes a list of current Council members.

The locally-elected officials are appointed by the Governor to
serve two-year terms. Each official represents one of the nine
coastal regions listed below and shown in Figure III-1:

0 Northwest;
0 Bering Straits;

0 Southwest;
0 Kodiak-Aleutians;
0 Upper Cook Inlet;
0 Lower Cook Inlet;
0 Prince William Sound;

0 Northern Southeast; and

0 Southern Southeast.

The seven state agency members include:

0 the Director of the Division of Governmental Coordination

(DGC); and
0 the Commissioners, or their designees, of the following
state departments:
- Commerce and Economic Development (DCED);
- Community and Regional Affairs (DCRA);
- Environmental Conservation (DEC);
- Fish and Game (DFG);
- Natural Resources (DNR); and
- Transportation and Public Facilities (DOT).

III-1
September 1988

Northwest Alaska

Bering Straits

Upper Cook Inlet

Prince William
Sound

Lower Cook Inlet

Southwest Alaska
Northern
Ono 90 Southeast Alaska
Kod iak - Aleu ti ans Southern Southeast Alaska

COASTAL Figure
MANAGEMENT REGIONS X-1

RESPONSIBILITIES

The duties of the Council include:

0 developing and maintaining a program of technical and
financial assistance to help coastal resource districts
develop and implement district coastal management

programs;

0 reviewing and approving district coastal management
programs and program amendments in accordance with ACMP
standards and guidelines;

0 initiating a process for identifying and managing uses
of state concern within specific areas of the coast; and

0 developing procedures for consultation and coordination
with federal agencies that manage land or conduct
activities potentially affecting the coastal area of the

state.

Staff from the DGC assist the Council to carry out its duties.
Figure 111-2 illustrates the relationship between the Council,
DGC, other state agencies, and the public.

111-3
September 1988

Governor

Appoints CPC Members

Coastal Policy Council

9 Public Members
7 Agency Members

Division of Governmental Coordination

Staff to the CPC

Coastal States
Districts Agencies

Public

00
14000

COASTAL MANAGEMENT Figure
PROGRAM RELATIONSHIPS X- 2

0
L

0
IV - Coastal Districts

INTRODUCTION

The size and diversity of Alaska's coastal area make statewide
coastal management exceptionally complex and challenging. To
reduce this complexity to a manageable scale, the ACMA provided
general guidelines and standards (6 AAC 80 and 85), for the
development of district coastal programs. These district coastal
management programs are the building blocks of the ACMP. The
district programs take over local management duties and establish
a partnership between state and local coastal agencies. The Council
assumes responsibility for statewide oversight and coordination of
the ACMP, while coastal districts develop specific programs for
their own coastal areas.

This chapter presents an overview of:

0 coastal district participants;

0 elements of district programs;

0 Areas Which Merit Special Attention;

0 public participation;

0 district program approval and amendment processes;

0 district program iinplementation; and

0 district programs which have been completed and
incorporated into the ACMP.

IV-1
September 19aB

DEFINITION OF COASTAL DISTRICT

Coastal resource districts are the basic planning and management
units of the ACMP. A coastal resource district is any of the
following which contains a portion of Alaska's coastal area:

0 a unified home rule municipality or an organized borough
that exercises planning authority;

0 a home rule or first-class city, located outside a
borough, that exercises planning authority;

0 a second-class city, located outside a borough, that
exercises planning authority. The city must have a
planning commission and, in the judgment of DCRA, have
the capability to develop and carry out a coastal program;

0 a coastal resource service area (CRSA) formed in the
unorganized borough.

Within organized cities or boroughs, coastal management is the
responsibility of the city council or borough assembly. Local
officials usually integrate coastal management with other planning
authorities and may implement it through land use regulations and
other local planning techniques.

The Alaska State Legislature, as part of the ACMP, provided for
the creation of CRSAs to give residents in the unorganized borough
the opportunity to actively manage their coastal resources despite
the absence of local government powers. A CRSA is a special form
of coastal district and usually includes a large and often diverse
coastal region.

A CRSA is formally organized following a special election by the
residents of the region. The DCRA works with the region to prepare

IV-2
September 1988

for the election and to determine the appropriate CRSA boundaries.
The CRSA boundaries are usually drawn along existing Rural Education
Attendance Area (REAA) boundaries. If a majority of voters support
establishment of a CRSA, voters then elect a seven-member board to
govern the district. Board members serve three-year terms on a
staggered basis.

COASTAL DISTRICT PROGRAM DEVELOPMENT

TEN ELEMENTS OF THE PROGRAMS

Procedures for developing district coastal management programs and
provisions for their review, approval, and implementation are
found in the ACMP guidelines (6 AAC 85). The guidelines set forth
ten elements that district programs must include. The districts,
in developing their programs, can demonstrate compliance with the
elements in any sequence or combination. The following pages
elaborate on each of the ten elements required for district program
approval:

0 issues, needs, objectives, and goals;
0 organization;
0 boundaries;
0 resource inventory;
0 resource analysis;
0 subject uses;
0 proper and improper uses;
0 policies;
0 implementation; and
0 public participation.

The flow chart in Figure IV-1 shows the process a coastal district
follows in preparing a coastal management program.

IV-3
September 1988

FIGURE IV-1

FLOWCHART
DISTRICT COASTAL MANAGEMENT PROGRAM DEVELOPMENT

Identify issues'
goals and objectives

survey coastal resources

Analyze coastal resources
FMap coastal boundaries
T-
Designate areas which
merit special attention

Develop policieS
I
Propose techniques for
implementing the program
T-
City Council, Borough Assembly, or CRSA Board
gives preliminary approval
I -
Submit program to
Coastal Policy Council]
I
coastal Policy Co
approves
I

Federal Government
approves
T-
City Council, Borough Assembly, or CRSA Board
adopts program
I
Program implemented on
local, state, and federal levels

IV-4
September 1988

Issues, Needs, Objectives, and Goals

Each district program must describe its coastal management issues,
needs, program goals, and objectives. If a district already has a
comprehensive plan governing land and water resource uses, the
district's coastal program is to be based on the plan.

Needs and issues (any aspect of coastal resources of concern to
the community) must first be identified. Examples are:

0 How should our coastal area be developed?

0 How can oil and gas development occur in a way that
protects the fish and wildlife habitat that is important
for our subsistence needs?

0 Our wetlands are being filled, destroying waterfowl
habitat.

0 Our rivers need salmon enhancement programs because
natural salmon runs have declined.

0 There are no public parks along our coast.

0 We need to allow for mariculture sites but also to reserve

undisturbed areas for recreation and subsistence

activities.

Goals are the end results or final purposes which a community
wants to achieve. Goals are written as general statements of
community intent. Below are examples of goals that coastal
districts have used to deal with some of the above-mentioned issues:

0 Strive for compatible use of coastal lands and waters
for residential, industrial, commercial, recreation,

IV-5
Septwber 1988

fish and wildlife needs and open space activities.
(Valdez)

0 Maintain opportunities to explore and develop the region's
oil and gas resources in a manner that will benefit the
region's residents and will not adversely impact fish
and wildlife populations and habitat. (Bristol Bay)

0 Subsistence shall be recognized as an important dimension
of the lifestyle of Bethel residents. (Bethel)

objectives are specific actions or measurable steps to accomplish
a goal. objectives that districts have developed to meet the
above-stated goals include:

0 Site industrial facilities and industrial parks to
minimize damage to the natural setting. (Valdez)

0 Identify areas most suitable for oil exploration and
development. (Bristol Bay)

0 Designate the area most intensively used for subsistence
activities by Bethel residents as an Area Which Merits
Special Attention (AMSA) and develop an appropriate
management plan for it. (Bethel)

organization

Each district must describe how it has organized its staff and
finances. It must name its staff and describe their duties
(including the coastal coordinator), and describe financial needs
and accountability.

IV-6
September 1988

Boundaries

During early development of the ACMP, the State of Alaska identified
interim boundaries for coastal areas. The interim boundaries

include the "zone of direct interaction" and the "zone of direct
influence, or identified by DFG in the Biophysical Boundaries for
Alaska's Coastal Zone, prepared in 1978. The coastal boundaries
were called interim on the assumption that they might change when
districts re-evaluated their boundaries and sought approval under

the ACMP.

Districts may change their boundaries from the interim boundaries,
providing the final boundaries meet the following criteria (taken
from 6 AAC 85.040):

(1) extend inland and seaward to the extent necessary
to manage uses and activities that have or are likely to
have a direct and significant impact on marine coastal
waterl; and

(2) include all transitional and intertidal areas, salt
marshes, saltwater wetlands, islands and beaches (6 AAC
85.040).

The final boundaries reflect more detailed information on resource
presence and distribution, likely coastal development, and the
potential for development impacts within the district. The Coastal
Policy Council, through its oversight and review functions, is
responsible for ensuring that district coastal area boundaries
meet the regulatory criteria and are compatible with adjoining
districts.

1Marine coastal water means water adjacent to shorelines,
including sounds, bays, lagoons, bayous, ponds and estuaries; and
the living resources (fish, mammals, and birds) that depend on
these bodies of water.
0

IV-7
september 1988

All state, private, and Native lands, whether Native corporation
or Native allotment lands, are subject to the jurisdiction of the
ACMP and approved district programs.

A district's final boundaries may also encompass federal lands
and waters, as long as the boundaries meet 6 AAC 85.040 criteria.
Under federal law, federal property is considered to be excluded
from the state's coastal zone. However, districts include these
lands and consider them during planning. This is prudent, since
federal property may transfer to local, state, or private ownership.
It also guides federal managers in conducting activities in a
manner which will not impact adjacent coastal areas.

Resource Inventory

District programs must contain a resource inventory which describes
the resource areas within and adjacent to the district. The resource
inventory must include a description of:

0 habitats of fish, mammals, and birds;

� major cultural resources (This refers to a broad range
of social and cultural factors and man-made facilities,
including demographic and financial resources, utilities,
major recreational and transportation facilities, etc.);

� major land and water uses and activities;

� major land and resource ownership and management
responsibilities; and

� major historic, prehistoric, and archaeological resources.

IV-8
September 1988

Resource Analysis

The resource analysis is based on the resource inventory. it
must detail:

0 significant changes in any of the resource conditions
portrayed in the inventory;

0 an evaluation of environmental sensitivity, and the
capacity of resources and habitats to accommodate
anticipated uses; and

0 an assessment of present and anticipated demands for

coastal resources.

Subiect Uses

District programs must describe land and water uses and activities
which are subject to the management policies of the program.
These uses and activities include:

0 coastal development;
0 development in geophysical hazard areas;
0 recreation;
0 energy facilities;
0 transportation and utilities;
0 fish and seafood processing;
0 timber harvest and processing;
0 mining and mineral processing; and
0 subsistence.

District programs must also address all uses that may affect the
three types of resources specifically addressed in the ACMP
guidelines and standards. These are:

IV-9
September 1988

0 habitats;
0 air, land, and water quality; and
0 historic, prehistoric, and archaeological resources.

Proper and Improper Uses

Each district program must classify potential uses and activities
within its boundaries as proper or improper. All land and water
uses are considered proper as long as they meet the following
criteria: ACMP standards, enforceable policies of an approved
district program, and applicable federal and state regulations. A
use is considered improper if it is inconsistent with the ACMP
standards or the policies of the district program; or if it does
not comply with, or cannot be modified to comply with, the
applicable federal and state regulations.-

Uses of State Concern
0 Uses of state concern are defined in AS 46.40.210(6) as uses which
meet a national interest; are of greater than local concern; or
relate to siting of major energy facilities, intraregional
communication or transportation needs, or state park and recreation
areas. The Coastal Policy Council has further defined them in
Resolution No. 13, as amended. They are discussed further in
Chapter V.

Policies

The policies of a district program guide the management of land
and water uses and activities. Policies must be sufficiently
comprehensive to apply to all uses, activities, and areas in need
of management. They must also be specific to allow clear
understanding of who will be affected by the district program, how
they will be affected, and whether specific proposals for land and
water uses and activities will be approved. Most importantly,
policies must be implementable and enforceable.

IV-10
September 1988

Areas Which Merit Special Attention

All districts have the authority to designate areas which merit
special attention (AMSAs). AMSAs are areas that have unique or
significant values or uses. They are defined in AS 46.40.210(l)
and in 6 AAC 80. 150-170. An AMSA may encompass areas within the
district, or be wholly or partly outside the district. An AMSA
allows for detailed planning and regulation of a specific geographic
area and also encourages interested state and federal agencies to
work closely with the district. The establishment of AMSAs also
empowers districts to influence and protect areas outside of their
boundaries.

Implementation

District programs must include a description of the techniques and
authorities which will be used for implementation. Examples of
implementation techniques include:

0 participation in coordinated project or permit reviews;

0 cooperative agreements and memoranda of understanding;

0 promotion of public awareness of coastal issues and
policies;

0 development of land and water use plans;

0 establishment of land use regulations, including zoning,
subdivision ordinances, and building codes;

0 inclusion of improvements benefitting coastal resources
in capital improvements programs;

0 purchase, sale, lease, or exchange of coastal land and
water resources; and

IV-11
September 1988

0 purchase of development rights.

A district's choice of implementation techniques depends on the
powers vested in the local government. CRSAs and some classes of
cities and boroughs may not have authority for zoning and other
land use regulations. However, all districts may participate in
consistency reviews, enter into cooperative agreements with other
agencies, and promote public awareness of coastal issues. Local
project reviews and state-coordinated consistency reviews are the
most commonly-used techniques for implementing and enforcing coastal
policies.

Public Participation

Districts must provide significant and effective opportunities for
public participation during program development and implementation.
In developing their district programs, coastal districts must
follow a public participation and review process specified in
state guidelines. The guidelines require the district to develop
two draft program documents, the public hearing draft and the
conceptually-approved draft, and distribute them widely for public
review.

During program development, the district must hold at least two
public meetings and a formal public hearing. The meetings inform
the public, help district staff to collect comments on the program,
and allow the public to present comments directly to the city
council, borough assembly, or CRSA Board.

PROGRAM APPROVAL

To maintain statewide consistency, districts must comply with the
standards and guidelines of the ACMP. The Coastal Policy Council
is required by law to review and approve district programs according
to ACMP standards and guidelines. The local assembly, city council,

IV-12
September 1988

or CRSA board must approve the district program before it goes to
the Council.

After receiving the endorsement of local agencies and undergoing
extensive public review, district programs are submitted for Council
approval. The programs are then forwarded for approval to OCRM
within NOAA in the U.S. Department of Commerce.

The approved district program becomes part of the ACMP as soon as
it is filed with the Lieutenant Governor's office. Once the
program is filed, all state actions, permits, and licenses for
projects in a specific district must be consistent with that
district's program. All federal actions, permits, and licenses
must also be consistent with the district program, to the extent
provided in federal consistency regulations.

Amendments

The district must obtain Council approval for any significant
amendments to its district program. Significant amendments include:

0 major revisions, additions, or deletions to policies,
implementation methods, or authorities included in the
approved district program;

0 altering the district boundaries, other than by technical
adjustments;

0 designating or altering an AMSA; and

0 restricting or excluding a use of state concern not
previously restricted or excluded.

Any changes to a district's approved program that are not
significant are considered to be routine program implementation
actions. For consistency purposes, DGC notifies the council and

IV-13
Septwber 1988

the public of routine actions before they take effect. The council
must concur with the DGC's determination that a program change is
routine.

COASTAL DISTRICT PROGRAM ABSTRACTS

This section of the chapter summarizes important information on
each coastal district with an approved program. The information
includes:

0 a district staff contact;

0 status of the program;

0 documents which make up the district program;

0 a description of the district's boundary; and

0 AMSAs associated with the district, if any.

There are 32 districts located throughout the Alaska coastal zone.
(Refer back to Figure 1-2 for the coastal districts' locations.)

Coastal boundaries can be more specifically determined through
review of district maps which have been prepared at two scales (1
inch = 250, 000 feet and 1 inch = 50, 000 feet) . These are the
Coastal Zone Boundaries of Alaska maps, available through DGC.
They were prepared by DFG and published in June 1988.

The Council has also designated seven AMSAs outside of coastal
districts. Six are located in the southern southeast region on
southern Prince of Wales Island. One is at Eyak Lake, adjacent to
the City of Cordova.

IV-14
September 1988

The following approved district programs are described in the
rest of this chapter:

0 Aleutians East Borough;

0 Municipality of Anchorage;

0 Annette Islands Indian Reserve (Metlakatla);

0 Bering Straits Coastal Resource Service Area;

0 City of Bethel;

0 Bristol Bay Borough;

0 Bristol Bay Coastal Resource Service Area;

0 Cehaliulriit (Yukon -Kuskokwim) Coastal Resource Service
0 Area;

0 City of Cordova;

0 City of Craig;

0 City of Haines;

0 City of Hoonah;

0 City of Hydaburg;

0 City and Borough of Juneau;

0 City of Kake;

0 Ketchikan Gateway Borough;
0

IV-15
September 1988

0 City of Klawock;

0 Kodiak Island Borough;

0 Matanuska-Susitna Borough;

0 City of Nome;

0 North Slope Borough;

0 Northwest Arctic Borough;

0 City of Pelican;

0 City of St. Paul;

0 City and Borough of Sitka;

0 City of Skagway;

0 City of Valdez; and

0 City of Yakutat.

IV-16
Septmber 1988

ALEUTIANS EAST BOROUGH
(Formerly Aleutians East Coastal Resource Service Area)

DISTRICT CONTACT: Ms. Marjorie Dunaway
Aleutians East Borough
P.O. Box 349
Sand Point, AK 99661
Phone: 383-2699
PROFS: ZCJCALE
Telecopy: 383-3496

STATUS:

0 Coastal Policy Council approval: October 30, 1985.

0 Federal approval: pending.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Aleutians East Coastal Resource Service Area, Conceptually
Approved Coastal Management Program, Volume 1, July 1985.

� Resource Inventory for the Aleutians East Coastal Resource
Service Area, Volume II, April 1984 (second printing in June
1986).

� An Analysis of Potential Development and Environmental
Sensitivity in the Aleutians East Coastal Resource Service
Area, Volume III, July 1985.

0 Coastal Policy Council Order of Approval, as amended May 22,
1986.

Note: Changes were made to. the policies of the Aleutians
East CRSA Coastal Management Program at the time of Coastal
Policy Council approval. The program will be reprinted
following receipt of federal approval.

BOUNDARY:

The state-approved Aleutians East Borough coastal zone boundary
encompasses all lands and waters excluding perennially snow-capped
peaks, glaciers, and active volcanic peaks. The seaward limit of
the district boundary is three miles offshore.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated in the Aleutians East Borough.

IV-17
September 1988

MUNICIPALITY OF ANCHORAGE

DISTRICT CONTACT: Mr. Mark Dalton
Senior Planner
Municipality of Anchorage
Department of Economic Development and
Planning
P.O. Box 196650
Anchorage, AK 99519-6650
Phone: 343-4252
PROFS: ZCCCANC
Telecopy: 274-5718

STATUS:

0 Coastal Policy Council approval: January 16, 1980.

0 Effective date: June 22, 1981; revision effective September
4, 1987.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Anchorage CMP, Resource Policy Unit Maps, April 1979.

� Anchorage Coastal Resource Atlas, December 1980.

� Anchorage Coastal Scenic Resources and Public Access Plan,
1981.

� Anchorage Wetlands Management Plan, February 1982.

� Anchorage Coastal Management Program (CMP), revised document,
June 1987.

BOUNDARY:

The boundary is described in Chapter Two of the June 1987 Anchorage
CMP revision. The boundary is also depicted on the Coastal Zone
Boundaries of Alaska maps, dated June 1988.

Inland Extent

The inland extent of the Anchorage coastal boundary is 1,320 feet
measured horizontally from the 100-year coastal flood line.
Where the inland boundary partially touches (1) lakes, (2) bogs,
(3) marshes, (4) swamps, (5) areas identified as having natural
hazards, (6) water recharge value, (7) floodplains, (8)
recreational, (9) scenic, or (10) biological or habitat values,
then these areas are included in their entirety within the Anchorage
coastal boundary.

In addition, where the inland boundary crosses or passes through
any river, stream, or creek, then the Anchorage coastal boundary

IV-18
September 1988

extends inland paralleling this water feature up to the 1,000 foot
contour level. The width of the Anchorage coastal boundary along
rivers, streams, and creeks is the boundary of the loo-Year
floodplain or 200 feet on either side of that water body as measured
from the center line of the drainage--whichever is greater.

Seaward Extent

The seaward extent of the Anchorage coastal boundary extends to
the Municipality's political boundary in Turnagain and Knik Arms.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The following ten areas which merit special attention were
designated at the time of Coastal Policy Council approval of the
Anchorage Coastal Management Program:

1. Andesitic Dike at Potter Marsh on the Old Seward Highway;
2. Bird Creek Regional Park;
3. Eagle River Valley Lowlands;
4. Fish Creek;
5. Old Girdwood Townsite South of Seward Highway;
6. Point Campbell Dunes and Delta;
7. Point Campbell-Point Woronzof Coastal Wetlands;
8. Point Woronzof Bluffs;
9. Port of Anchorage Area; and
10. Seward Highway and Turnagain Arm Scenic Corridor.

IV-19
Septeffiber 1998

ANNETTE ISLANDS INDIAN RESERVE (METLAKATLA)

DISTRICT CONTACT: Mr. Gordon Thompson
Natural Resources Department
Metlakatla, AK 99926
Phone: 886-5111

STATUS:

0 Coastal Policy Council approval: January 1980.

0 Local consistency is applicable. State and federal consistency
is not applicable because of the special legal status of the
reserve.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Annette Islands Coastal Management Program, November 1979.

� Annette Islands Coastal Management Program Amendments, February
1981.

BOUNDARY:

The coastal management boundary includes all coastal lands and
waters within the Annette Islands Reserve. The Reserve includes
Annette, Walker, Spire, and Ham Islands, adjoining small islands
and waters 3,000 feet offshore from the mean low water line of
these islands.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

Three areas have been nominated as AMSAs within the Annette Islands
district. They are:

1. Canoe Cove and Watershed;
2. Tamgas Harbor and Watershed; and
3. Port Chester and Watershed.

IV-20
September 1988

BERING STRAITS COASTAL RESOURCE SERVICE AREA (BSCRSA)

DISTRICT CONTACT: Mr. Bryan MacLean
c/o City of Unalakleet
Box 28
Unalakleet, AK 99684
Phone: 624-3062
Telecopy: 624-3811
STATUS:

0 Coastal Policy Council approval: July 7, 1987.

0 Federal approval: pending.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Bering Straits Coastal Resource Service Area (BSCRSA), Resource
Inventory, Volume 1, October 1984.

0 Bering Straits Coastal Resource Service Area, Conceptually
Approved Resource Analysis, Volume 2, October 1986.
0 Bering Straits Coastal Resource Service 'Area, Conceptually
Approved Coastal Management Plan, Volume 3, October 1986.

0 Coastal Policy Council Order of Approval, July 7, 1987.

BOUNDARY:

The BSCRSA coastal boundary includes areas where activities have
or are likely to have direct and significant impacts on coastal
resources, including anadromous fish. This includes a combination
of selected watersheds, drainage basins, and uniform one-mile
corridors from ordinary high water along each side of anadromous
fish streams and rivers. The major areas not within the boundary
are areas south of St. Michael, the southern portion of the
Serpentine River watershed and portions of the Fish River and
Tubutulik River watersheds. The seaward limit of the district
boundary is three miles offshore.

Permit Notification Areas - Areas within the BSCRSA where there is
less certainty that development would cause direct and significant
impacts to coastal resources are excluded from the BSCRSA boundary,
but are classified as permit notification areas (PNAs). PNAs were
developed through CPC recognization of possible impacts to resources
within the Bering Straits CRSA coastal boundary could occur, and
in such casest those projects should be subject to a consistency
review in accordance with 6 AAC 50. In PNAs, state resource agencies
and the Bering Straits CRSA will evaluate the proposed project and
information on impacts to determine whether the project is likely
to have direct and significant impacts on the resources and habitats
of the Bering Straits CRSA coastal zone. This procedure will use
the elevation process outlined in 6 AAC 50.070(j) and the authorities

IV-21
septeffber 1988

granted to the district by 6 AAC 5 0. 12 0 (a) I f the review determines
that a proposed project is likely to have such impacts, that project
will be subject to a consistency review under 6 AAC 50.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSA designations are contained in the BSCRSA plan. However,
12 AMSA nominations are proposed. They include:

1. Stuart Island/Klikitarik;
2. Portage Roadhouse;
3. Golovin Bay;
4. Rocky Point;
5. Safety Sound;
6. Cape Nome;
7. Nome River;
8. Pilgrim River;
9. Port Clarence;
10. Cape Prince of Wales;
11. St. Lawrence Island; and
12. Solomon River.

IV-22
September 1988

CITY OF BETHEL

DISTRICT CONTACT: Ms. Suzanne Little
ACMP Coordinator
City of Bethel
P.O. Box 388
Bethel, AK 99559
Phone: 543-4456

STATUS:

0 Coastal Policy Council approval: September 29, 1983.

0 Effective date: January 3, 1984

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 City of Bethel Coastal Management Plan (BCMP) conceptually
approved draft, June 1983.

0 City of Bethel Drainage Management Plan, December 1985.

BOUNDARY:

The boundary of the Bethel coastal district includes the entire
City of Bethel. All of the lands and waters within the Bethel
city limits are within the coastal zone.

AREAS WHICH MERIT SPECIAL ATTENTION:

The BCMP does not designate any areas which merit special attention.

IV-23
September 1988

BRISTOL BAY BOROUGH

DISTRICT CONTACT: Mr. Dale Peters
Director of Community Development
Bristol Bay Borough
Box 189
Naknek, AK 99633
Phone: 246-4224

STATUS:

0 Coastal Policy Council approval: September 29, 1983.

0 Effective date: January 3, 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Bristol Bay Borough Coastal Management Program, June 1983.

0 Addendum #1 to the Bristol Bay Coastal Management Program,
December 28, 1983.

BOUNDARY:

The Bristol Bay Borough coastal district includes the entire
Borough.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The program identifies three areas as appropriate for development
of AMSA plans: the marine industrial park site in Naknek; the
Paul's Creek/King Salmon Creek area; and the Big Creek and rapids
section of the Naknek River. No plans have yet been approved.

IV-24
Septeffber 1988

BRISTOL BAY COASTAL RESOURCE SERVICE AREA

DISTRICT CONTACT: Ms. Sue Flensburg
Bristol Bay CRSA
P.O. Box 3110
Dillingham, AK 99716
Phone: 842-2666
PROFS: ZCECBRB
Telecopy: (907)842-2438
STATUS:

0 Coastal Policy Council approval: February 6, 1985.

0 Effective date: February 17, 1987.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Bristol Bay CRSA Coastal Management Program, Volume 1, Resource
Inventory, January 1984.

0 Bristol Bay CRSA Coastal Management Program, Volume 2,
Management Plan, June 1987.

BOUNDARY:

The boundary of the Bristol Bay CRSA includes the interim coastal
boundary designated by the state; all water bodies designated in
the Catalog of Water Important for Spawning, Rearing, and Migration
of Anadromous Fish, plus a one-mile corridor from ordinary high
water on each bank; and all tributaries to the water bodies mentioned
above, plus a 200-foot corridor from ordinary high water on each
bank.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Bristol Bay CRSA program did not designate any AMSAs. However,
two areas are suggested for further investigation for AMSA
designation. These are:

1. Togiak Fishing Grounds - deserves special management attention
due to high natural productivity for fish and wildlife and
importance as a commercial and subsistence harvest area; and

2. Nushagak/Mulchatna - deserves special management attention
due to diversity and abundance of fish and wildlife resources,
extensive use of the area by commercial fishermen, subsis-
tence hunting and fishing, and growing use by recreational
fishermen.

The CRSA is now working with Department of Fish and Game and the
Department of Natural Resources to develop an AMSA plan for the
Nushagak/Mulchatna. Rivers regions.

IV-25
September 1988

CERALIULRIIT (YUKON-KUSKOKWIN) COASTAL RESOURCES SERVICE AREA

DISTRICT CONTACT: Ms. Anna Phillip
Coastal Management Coordinator
Cehaliulriit
P.O. Box 1169
Bethel, AK 99559
Phone: 543-2242

STATUS:

0 Coastal Policy Council approval: October 11, 1984.

0 Effective date: March 11, 1985.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Cehaliulriit Coastal Management Program (CCMP), March 1985.

BOUNDARY:

The boundaries of the Cehaliulriit CRSA include all of Rural
Education Attendance Areas *3 and #4 that are within the "Coastal
Zone Boundaries of Alaska" except for the City of Bethel.

The district is bounded on the north by Norton Sound, on the
northeast by the Nulato Hills, on the southeast by the Kilbuck
Mountains, on the south by the Kuskokwim Bay, and on the west by
the Bering Sea. The coastal zone extends seaward three miles to
the state's offshore limit of jurisdiction. The district also
includes two islands: Nunivak Islandf located approximately 25
miles offshore; and St. Matthew Island, located 225 miles off
shore.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated.

IV-26
September 1988

CITY OF CORDOVA

DISTRICT CONTACT: Mr. Donald Moore
City Manager
P.O. Box 1210
Cordova, AK 99574
Phone: 424-6300
Telecopy: 424-7727

STATUS:

0 Coastal Policy Council approval: February 9, 1981; significant
amendment approved on May 22, 1986.

0 Effective date: November 24, 1986.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Cordova Coastal Management Program, November 1986.

0 Eyak Lake Area Which Merits Special Attention (AMSA) Plan,
Concept Approved Draft, March 1985.

0 Coastal Policy Council Order of Approval for the Eyak Lake
AMSA Plan, May 1986.

BOUNDARY:

Not all of the City is included in the coastal area. Areas of the
City that are within the coastal boundary are subject to two
separate management schemes; one which applies within the Eyak
Lake AMSA, and one which applies to coastal areas outside the
AMSA.

The City's coastal area (not including the AMSA) extends from the
western edge of the right-of-way of the state highway (a combination
of New England Cannery Road, Railroad Avenue, Copper River Highway,
and Three Mile Road) seaward to the Cordova City limits. There
are four exceptions where the zone extends landward of the state
highway. These are:

1. the area between Odiak Slough and Odiak Lake, bounded by the
Copper River Highway (CRH) on the south, Chase Road on the
west and north, and LeFevre Road on the east;

2. Fleming Creek and Lagoon, including land and water within 50
feet of the center of the stream and the mean high tide line
along the lagoon;

3. Ski Hill which includes lands designated in the 1976
comprehensive plan as publicly owned, and a large platted but

IV-27
September 1988

undeveloped area lying between Ski Hill and the developed
area in central Cordova; and

4. the Eyak Lake AMSA.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Cordova CMP designates one AMSA (Eyak Lake) that is partly
within and partly outside the district boundary.

The Ski Hill and Industrial Park areas were proposed as AMSAs in
the Cordova CMP. Plans for these AMSAs have not been developed.

IV-28
September 1988

CITY OF CRAIG

DISTRICT CONTACT: Ms. Rochelle Rollenhagen
City Planner
City of Craig
P.O. Box 23
Craig, AK 99921
Phone: 826-3275
Telecopy: 826-3778

STATUS:

0 Coastal Policy Council Approval: December 13, 1984.

0 Effective date: May 31, 1985.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Concept approved, Craig Coastal Management Program, July
1984.

0 Coastal Policy Council Order of Approval, December 13, 1984.

BOUNDARY:

The Craig coastal boundary encompasses the entire corporate limits
of the City of Craig. However, the district's policies apply only
to the activities occurring in the planning area identified in
Figure 2 of the plan. In the remainder of the city, the state
standards apply.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated.

IV-29
Septwber 1988

CITY OF HAINES

DISTRICT CONTACT: Mr. wait Wilcox
City Administrator
City of Haines
P.O. Box 1049
Haines, AK 99827
Phone: 766-2231

STATUS:

0 Coastal Policy Council approval: January 16, 1980.

0 Effective date: October 22, 1980.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Haines Coastal Management Plan (CMP), October 1979.

0 Refinements to the Haines CMP, November 1980.

0 Port Chilkoot/Portage Cove AMSA Waterfront Design Study,
August 1982.

BOUNDARY:

The Haines district's coastal management boundary corresponds to
the corporate boundary of the City of Haines.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The City of Haines has designated one AMSA: the Port
Chilkoot/Portage Cove area.

IV-30
September 1988

CITY OF HOONAH

DISTRICT CONTACT: Ms. Sharon Parks
City Clerk
P.O. Box 360
Hoonah, AK 99829
Phone: 945-3663

STATUS:

0 Coastal Policy Council approval: June 8, 1984.

0 Effective date: November 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Hoonah Coastal Management Program, June 1984.

BOUNDARY:

The boundaries of the Hoonah district encompass the entire corporate
limits of the City of Hoonah.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated.

IV-31
September 1988

CITY OF HYDABURG

DISTRICT CONTACT: Mr. Adrian LeCornu
City Administrator
City of Hydaburg
P.O. Box 49
Hydaburg, AK 99922
Phone: 285-3793

STATUS:

0 Coastal Policy Council approval: April 29, 1983.

0 Effective date: May 15, 1983.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Hydaburg Coastal Management Program, concept approved draft,
January 1983.

0 Coastal Policy Council order of Approval, April 29, 1983.

0 Areas Which Merit Special Attention in Southern Southeastern
Alaska, July 1983. Note: This document replaces Chapter 9
in the Hydaburg CMP, concept approved draft.

BOUNDARY:

The Hydaburg coastal boundary is the same as the corporate limits
of the City of Hydaburg.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Hydaburg district program has designated one AMSA. The Hydaburg
River Tidelands AMSA is partly within and partly outside the district
boundaries. Five additional AMSA plans for areas outside the
Hydaburg district were approved by the Coastal Policy Council in
July 1983.

IV-32
September 1988

CITY AND BOROUGH OF JUNEAU

DISTRICT CONTACT: Ms. Karen Boorman/Mr. Murray Walsh
Planning Department
City and Borough of Juneau
155 South Seward Street
Juneau, AK 99801
Phone: 586-5235
PROFS: ZCBCJUN

STATUS:

0 Coastal Policy Council approval: May 22, 1986.

0 Effective date: November 25, 1986.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Juneau Coastal Management Plan (JCMP), November 1986.

0 Downtown Waterfront Plan (DWP), Fall 1985.

BOUNDARY:

The boundaries of the Juneau coastal district include all areas
within Juneau's corporate limits which are included in the Coastal
Zone Boundaries of Alaska map.
0 AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Downtown Waterfront Plan designates Juneau's downtown as an
AMSA. The enforceable policies relating to this AMSA are repeated
in the JCMP. The Juneau district program also nominated Auke Bay
as an AMSA. A plan for the area is in progress.

IV-33
September 1988

CITY OF KAKE

DISTRICT CONTACT: Mr. Bill Cheney, Coastal Coordinator
City of Kake
P.O. Box 500
Kake, AK 99830
Phone: 785-6448
PROFS: ZCOCKAK

STATUS:

0 Coastal Policy Council approval: December 13, 1984.

0 Federal and State Consistency effective: May 31, 1985.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Kake Coastal Management Program (KCMP), Concept Approved
Draft, June 1984.

BOUNDARY:

The boundary of the Kake coastal district is the corporate limits
of the City of Kake, prior to a 1988 annexation of 13.85 square
miles. The City is preparing an amendment to their program to
incorporate the annexed lands into the district.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

Kake has not designated any AMSAs. However, the KCMP identifies
areas beyond the corporate boundaries for resource analysis and
inventory purposes. These areas are identified as "planning areas"
and "areas of concern".

IV-34
September 19W

KETCHIKAN GATEWAY BOROUGH

DISTRICT CONTACT: Mr. Bill Jones
Planning Director
Ketchikan Gateway Borough
334 Front Street
Ketchikan, AK 99901
Phone: 225-6151

STATUS:

0 Coastal Policy Council approval: December 18, 1983.

0 Effective date: May 15, 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Concept approved, Ketchikan Coastal Management Program (KCMP),
July 1983.

0 Coastal Policy Council order of Approval, December 8, 1983.

Note: After the Ketchikan Coastal Management Program was approved,
the Borough revised the program document to include changes made
by the Council at the time of approval.

BOUNDARY:

The Ketchikan coastal boundary is the same as the corporate limits
of the Ketchikan Gateway Borough. However, only a portion of the
Borough was selected for the application of district policies.
This area encompasses the populated area of the borough. District
policies apply to all lands and waters within this area, including
the zone beyond direct coastal influence. State standards apply
in the remainder of the Borough.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Borough has not designated any areas which merit spec.ial
attention in the district program. The Naha River and Lagoon
area may be considered for AMSA designation at a later date.

IV-35
Sept&Axr 1988

CITY OF KIAWOCK

DISTRICT CONTACT: Mr. Al Macaset, Sr.
City of Klawock
P.O. Box 113
Klawock, AK 99925
Phone: 755-2261

STATUS:

0 Coastal Policy Council approval: December 13, 1984.

0 Effective Date: May 31, 1985.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Klawock Coastal Management Plan, Concept approved, June 1984.

0 Coastal Policy Council order of Approval, December 13, 1984.

BOUNDARY:

The boundary of the Klawock coastal management district encompasses
the entire corporate limits of the City of Klawock.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated.

IV-36
September 1988

KODIAK ISLAND BOROUGH

DISTRICT CONTACT: Ms. Linda Freed, Director
Community Development Department
Kodiak Island Borough
P.O. Box 1246
710 Mill Bay Road
Kodiak, AK 99615-6340
Phone: 486-5736
Telecopy: 486-5960
STATUS:

0 Coastal Policy Council approval: December 8, 1983.

0 Effective date: March 15, 1984

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Kodiak Island Borough Coastal Management Program, Concept
Approved Draft, June 1983.

0 March 1, 1984, addendum to the program (includes amended
version of Chapter 5).

0 Kodiak Progress Report, reprinted version (contains resource
inventory).

0 Kodiak CMP Resource Maps.

BOUNDARY:

The Kodiak coastal boundary includes all of the Kodiak Island
Borough.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Borough program described four areas as worthy of consideration
as AMSAs: Shuyak Island, Raspberry Island, Women's Bay, and Karluk
Lake. Plans for these areas have not been developed.

IV-37
September 1988

MATANUSKA-SUSITNA 130ROUGH

DISTRICT CONTACT: Mr. Ken Hudson/Mr. Claud oxford
Planning Department
Matanuska-Susitna Borough
P.O. Box 1608
Palmer, AK 99645
Phone: 745-9669
PROFS: ZCRCMSB
Telecopy: 745-0886

STATUS:

0 Coastal Policy Council approval: December 8, 1983.

0 Effective date: February 15, 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Matanuska -Sus itna Borough Coastal Management Plan, September
1987.

� Matanuska-Susitna Borough Coastal Management Plan Appendices,
September 1987.

BOUNDARY:

The boundaries extend inland to include the Susitna lowlands. All
lands and waters within the 100-year floodplain or 200 feet on
each side of eighteen important anadromous fish streams, measured
from ordinary high water, are also included.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated within the Borough; however, the
district program proposed six areas for future AMSA planning and
designation.

IV-38
September 1988

CITY OF NOME

DISTRICT CONTACT: Ms. Polly Prchal
City Manager
City of Nome
P.O. Box 281
Nome, AK 99762
Phone: 443-5242

STATUS:

0 Coastal Policy Council approval: December 8, 1983.

0 Effective date: March 15, 1984.

0 Routine Program Implementation: July 13, 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Nome Coastal Management Program, Background Report, Part 1,
July 1981.

0 Nome Coastal Management Program, Concept Approved, October
1983.

� Minor Amendments to Land Use Designations, July 13, 1984.

BOUNDARY:

The Nome coastal management area includes all lands and waters
below the 200-foot elevation contour within the City of Nome
corporate boundary.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated with the City; however, two areas
(the Snake River Estuary/Port of Nome and Front Street) are proposed
for future AMSA planning and designation.

The City has also identified four areas outside its jurisdiction
that are of critical concern to the City. These areas (Moonlight
Springs, Nome River, Cape Nome, and Port Safety/Safety Sound) are
located within the Bering Straits CRSA. The City of Nome proposes
to work with the Bering Straits CRSA in the future to develop AMSA
plans for these areas.

IV-39
September 1988

NORTH SLOPE BOROUGH (NSB)

DISTRICT CONTACT: Ms. Karla Kolash
ACMP Coordinator
Planning Department
North Slope Borough
P.O. Box 69
Barrow, AK 99723
Phone: 852-2611
PROFS: ZCKCNSB
Telecopy: 852-2679

STATUS:

0 Coastal Policy Council approval: April 17, 1985.

0 Effective date: May 6, 1988.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Concept Approved NSB Coastal Management Program, 1984.

� NSB Coastal Management Program Background Report, 1984.

� NSB Coastal Management Program Resource Atlas, July 1984.

� NSB Coastal Management Program Policies as Approved by the
Coastal Policy Council, April 17, 1985.

BOUNDARY:

The boundary of the NSB Coastal Management Program extends seaward
to the three-mile limit, and inland to include the zones of direct
interaction and direct influence and corridors (one mile each side
of ordinary high water) along known anadromous fish waters,
including the Kukpuk River in the Point Hope/Point Lay Area, and
fifteen rivers in the Mid-Beaufort area.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The NSB Coastal Management Program did not designate any areas
which merit special attention. However, the Cape Thompson and
Kaseguluk Lagoon and Barrier Island System were nominated for
future planning and AMSA designation.

IV-40
Septwber 1988

NORTHWEST ARCTIC BOROUGH
(Formerly NANA Coastal Resource Service Area)

DISTRICT CONTACT: Mr. Jason Jessup
Planning Director
Northwest Arctic Borough
P.O. Box 1110
Kotzebue, AK 99752
Phone: 442-2500
Telecopy: 442-2930

STATUS:

0 Coastal Policy Council approval: May 22, 1986.

0 Federal approval: pending.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 NANA Region Coastal Management Plan, October 1985, Volumes
1-3.

0 Order of Approval for the NANA CRSA Coastal Management Program
by the Alaska Coastal Policy Council, May 22, 1986.

Note: The NANA program will be reprinted, with all of the revisions
incorporated, following receipt of federal approval.

BOUNDARY:

The boundary extends seaward to the three-mile limit, and inland
to include a combination of selected watersheds, drainages, and
uniform corridors along streams and rivers which provide critical
spawning, rearing, and overwintering habitats for documented
populations of anadromous fish within the region.

Permit Notification Areas - Areas within the Northwest Arctic
Borough where it is less certain that development would cause
direct and significant impacts to coastal resources are classified
as permit notification areas (PNAs). Within the PNA, the state
resource agencies and the Northwest Arctic Borough will evaluate
the proposed project and information on impacts to determine whether
the project is likely to have direct and significant impacts on
the resources and habitats of the Northwest Arctic Borough coastal
zone. If the review determines that a proposed project is likely
to have such impacts, that project will be subject to a consistency
review under 6 AAC 50.

IV-41
September 1988

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAS):

The NANA CRSA program did not designate any areas which merit
special attention. However, AMSAs were nominated for future
planning and designation in the following areas:

1. City of Kotzebue;
2. Eschscholtz Bay; and
3. Ambler/Bornite.

IV-42
September 1988

CITY OF PELICAN

DISTRICT CONTACT: Ms. Jenny Weaver
Coastal Coordinator
P.O. Box 733
Pelican, Alaska 99832
Phone: 735-2202

STATUS:

0 Coastal Policy Council approval: June 8, 1984.

0 Effective date: October 15, 1984.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Pelican Coastal Management Plan, Concept Approved Draft,
March 1984.

0 Order of Approval for the Pelican Coastal Management Plan by
the Alaska Coastal Policy Council, June 8, 1984.

0 Pelican Routine Program Implementation (boundary change to
reflect annexation), December 1985.

BOUNDARY:

The boundaries of the Pelican coastal district are the corporate
limits of the City of Pelican as of 1983, including an annexation
completed in 1983 and excluding an annexation completed in 1987.
The 1983 annexation was incorporated into the district as a routine
program implementation measure in 1985. The City of Pelican intends
to initiate an amendment to the Pelican CMP in fiscal year 1989 in
order to incorporate the 1987 annexation into the district.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

There are currently no designated AMSAs in the Pelican district.
The 1987 annexed lands include a residential area, a recreational
use area, and the watershed for Pelican's drinking water. Pelican
intends to develop an AMSA plan for the 1987 annexed lands.

IV-43
September 1988

CITY OF ST. PAUL

DISTRICT CONTACT: Mr. Vern McCorkle
City Manager
City of St. Paul
P.O. Box 29
St. Paul, AK 99660
Phone: 546-2331

STATUS:

0 Coastal Policy Council approval: March 31, 1988.

0 Effective date: pending.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 St. Paul Conceptually Approved Coastal Management Plan, Volume
I, September 1987.

0 Volume II, St. Paul Coastal Management Plan Resource Inventory
and Analysis, September 1987.

BOUNDARY:

The district boundary for the St. Paul Coastal Management Program
(CMP) is the same as the corporate boundary for the City of St.
Paul. The boundary encloses all territory contained within the
perimeter of a three-mile line surrounding the mean low water line
around St. Paul, Walrus, and Otter Islands.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The City of St. Paul did not nominate or designate AMSAs in the
St. Paul CMP.

IV-44
September 1988

CITY AND BOROUGH OF SITKA

DISTRICT CONTACT: Mr. Stuart Denslow
City Administrator
City and Borough of Sitka
304 Lake St.
Sitka, AK 99835
Phone: 747-3294
PROFS: ZCPCSIT

STATUS:

0 Coastal Policy Council approval: December 14, 1981.

0 Effective date: February 1982.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Sitka Coastal Management Program, Concept Approved Draft,
reprinted version, April 1983.

0 Routine Program Implementation, May 31, 1985.

BOUNDARY:

The Sitka coastal district includes all areas in the interim
boundary. The coastal zone in Sitka includes the spruce/hemlock
coastal forest, freshwater systems where fish spawn and winter
over, and the bulk of the habitat use by terrestrial birds and
mammals. The seaward boundary of the district coincides with the
borough boundary.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

Swan Lake, a 22.25 acre freshwater lake located in the urban Sitka
area, has been designated an AMSA in the district program. The
AMSA includes the lake, the contiguous marshlands, Wrinkleneck
Creek, and Arrowhead Creek.

IV-45
September 1988

CITY OF SKAGWAY

DISTRICT CONTACT: Mr. Thomas Healy
City Manager
City of Skacjway
P.O. Box 415
Skacjway, AK 99840
Phone: 983-2297

STATUS:

0 Coastal Policy Council approval: April 29, 1984.

0 Effective date: August 15, 1983.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Skacjway Coastal Management Program, Concept Approval Draft
(amended version), September 1982.

0 Coastal Policy Council order of Approval, April 29, 1983.

BOUNDARY:

The Skagway coastal district includes the area within the Skacjway
City limits to the three -thousand - foot level, excluding federal
land.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The Skagway district program designates two AMSAs:

1. Pullen Creek-Shoreline Park; and
2. Yakutania Point.

IV-46
September 1988

CITY OF VALDEZ

DISTRICT CONTACT: Ms. Pam Ulvestad
City of Valdez
P.O. Box 307
Valdez, AK 99686
Phone: 835-4313
Telecopy: 835-2992

STATUS:

0 Coastal Policy Council approval: November 24, 1986.

0 Effective date: February 4, 1987.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

� Valdez Coastal Management Program (CMP), September 1986.

� Valdez CMP Addendum, January 1987.

BOUNDARY:

The boundary of the Valdez coastal district includes all areas at
or below the 1500-foot elevation contour within the corporate
limits of the City of Valdez. No change was made to the ACMP
interim boundary-

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

No AMSAs have been designated with the Valdez district, however,
the following four areas are proposed for future AMSA planning and
designation:

1. Robe Lake;
2. Duck Flats;
3. Mineral Creek Canyon; and
4. Keystone Canyon.

IV-47
September 1988

CITY OF YAKUTAT

DISTRICT CONTACT: Ms. Cheryl Easterwood
Planner
City of Yakutat
P.O. Box 6
Yakutat, AK 99689
Phone: 784-3323

STATUS:

0 Coastal Policy Council approval: April 8, 1981.

0 Effective date: February 1982.

DOCUMENTS COMPRISING DISTRICT PROGRAM:

0 Yakutat District Coastal Management Program, concept-approved
document, Alaska Consultants, Inc., January 1981.

BOUNDARY:

The boundary of the Yakutat coastal resource district is the
corporate limits of the City of Yakutat. A petition has been
submitted to hold an election on the formation of a coastal resource
service area for Yakutat and surrounding areas. Public hearings
on the proposed election will be held in the fall of 1988.

AREAS WHICH MERIT SPECIAL ATTENTION (AMSAs):

The City nominated three AMSAs within its boundaries:

1. Shipyard Cove
2. Ankau Lagoon
3. Ophir Creek

These AMSAs have not been designated. The district may conduct
additional planning and designate these AMSAs through significant
amendments to the district plan. The City also supports the
extension of the Ankau Lagoon and Ophir Creek AMSAs outside the
Yakutat district boundaries.

IV-48
September 1988

V - Alaska Coastal
0 Management Program
I

Standards

REGULATIONS FOR COASTAL DEVELOPMENT AND PROTECTION

Chapter 80 of Part 6 of the Alaska Administrative Code (6 AAC 80)
contains standards for districts and state agencies to apply in
carrying out their responsibilities under the ACMP. These standards
are the basis for consistency determinations and for local district
program and policy development. The standards and a discussion of

each follows:

6 AAC 80.040. COASTAL DEVELOPMENT.

(a) In planning for and approving development in coastal areas,
districts and state agencies shall give, in the following order,
priority to: (1) water-dependent uses and activities; (2) water-
related uses and activities; and (3) uses and activities which are
neither water-dependent nor water-related for which there is no
feasible and prudent inland alternative to meet the public need
for the use or activity.

"Water-dependent" and "water-related" are defined in 6
AAC 80.900(17) and (18) as follows:

(17) "water-dependentn means a use or activity which can be carried
out only on, in, or adjacent to water areas because the use requires
access to the water body;

(18) "water-related" means a use or activity which is not directly
dependent upon access to a water body, but which provides goods or
services that are directly associated with water-dependence and
which, if not located adjacent to water, would result in a public
loss of quality in the goods or services offered;

This standard is intended to be applied along a waterfront
where competing uses could occur. The standard is intended
to establish a priority for certain uses, and to direct
0 other uses away from waterfront locations.
V-1
September 1988

This standard requires that top priority be given to
water-dependent uses and activities, lower priority to
water-related uses and activities, and final priority to
uses and activities which are neither water-dependent
nor water-related but for which there is no prudent
inland location. Water-dependent activities require
direct access to coastal waters. Fishing and port
development are examples of water-dependent uses. Water-
related activities do not require direct access to coastal
waters, but without that access, the quality of goods or
services they provide is reduced. Boat repair is an
example of a water-related use.

Prime waterfront property is sometimes considered for uses which
are totally unrelated to the waterfront, such as supermarkets,
liquor stores, and offices. If non-related activities occupy the
entire waterfront, water-oriented uses such as air taxi services,
fish processing plants, and boat repair shops may be forced to
locate in less accessible or desirable places. When districts
apply this standard, they ensure that uses which need access to
the coast will not be preempted by those that do not.

In areas where there is an approved local coastal management
program, the local district program often provides guidance on
appropriate waterfront uses. Coastal districts are encouraged to
plan for uses along their waterfronts and to ensure that adequate
space is reserved for water-dependent and water-related uses. In
cases where a local program does not address these uses, or where
a local program has not been adopted, the coordinating agency will
solicit the views of the local government during project consistency
reviews.

(b) The placement of structures and the discharge of dredged or
fill material into coastal water must, at a minimum, comply with
the standards contained in Parts 320-323, Title 33, Code of Federal
0

V-2
September 1988

Regulations (Vol. 42 of the Federal Register, pp. 37133 - 47 (July
19, 1977)). (Eff. 7/18/78, Reg. 6.7; am 8/18/79, Reg. 71)
Authority: AS 44.19.161

AS 46.40.040

The coastal development standard also states that
structures placed in coastal water, and dredged or fill
material discharged into coastal waters, must comply
with the standards in Parts 320-323, Title 33, Code of
Federal Regulations in effect in 1977. These standards
must be met before the U.S. Army Corps of Engineers
(COE) may issue a permit for various activities that
occur in navigable waters.

6 AAC 80.040(b) incorporates the substantive standards
of the COE's regulations in effect on July 19, 19772.
Changes to the COE's regulations which have been made
after the date specified (July 19, 1977) have not been
incorporated into the ACMP. In particular, the
11404 (b) (1) 11 guidelines developed by the U.S. Environmental
Protection Agency (EPA) in 1980 have not been adopted
into the ACMP.

6 AAC 80.050. GEOPHYSICAL HAZARD AREAS.

(a) Districts and state agencies shall identify known geophysical
hazard areas and areas of high development potential in which
there is a substantial possibility that geophysical hazards may

occur.

2 The Alaska regulations adopt the COE's regulations, which
have already been developed and put into use. The COE's regulations
contain considerable guidance for assessing the environmental
impacts of proposals and for balancing competing national interests
when making a decision on resource management. Incorporating the
COE's regulations into the ACMP extends their use to state and
local consideration of structure, dredge, and fill operations.

V-3
September 1988

(b) Development in areas identified under (a) of this section may
not be approved by the appropriate state or local authority until
siting, design, and construction measures for minimizing property
damage and protecting against loss of life have been provided.
(Eff. 7/18/78, Reg. 67)
Authority: AS 44.19.161

AS 46.40.040.

The definition of "geophysical hazard areas" is given in
6 AAC 80.900(9) as follows:

(9) "geophysical hazard areas, 11 means those areas which present a
threat to life or property from geophysical or geological hazards,
including flooding, tsunami run-up, storm surge run-up, landslides,
snowslides, faults, ice hazards, erosion, and littoral beach process;

The standard for geophysical hazard areas requires
districts to identify areas subject to avalanches,
earthquakes, tsunamis, floods, erosion, and volcanos and
also areas of high development potential where geophysical
hazards may occur. This is done as part of the resource
inventories which are incorporated into the district's
coastal management program.

Districts should direct development away from geophysical
hazard areas. Where there is no choice, districts must
require that all development which locates in a known
hazard area use siting, design, and building measures to
reduce property damage and protect against the loss of
life. Districts may develop policies which provide more
specific precautions for development in hazard areas, or
designate geophysical hazard areas as AMSAs (AS 46.40.210
(1)(F)-

V-4
September 1988

6 AAC 80.060, RECREATION,

(a) Districts shall designate areas for recreational use. Criteria
f or designation of areas of recreational use are (1) the area
receives significant use by persons engaging in recreational
pursuits or is a major tourist destination; or (2) the area has
potential for high quality recreational use because of physical,
biological, or cultural features.

(b) Districts and state agencies shall give high priority to
maintaining and, where appropriate, increasing public access to
coastal water (Eff. 7/18/78, Reg. 67; am 8/18/79, Reg. 71).
Authority: AS 44.19.161

AS 46.40.040

The standard for recreation calls for districts to
identify recreational use areas in the resource inventory
of their coastal management programs. As part of their
management programs, districts may designate areas for
recreational use or to maintain or increase public access
to coastal waters. Districts may develop supplemental
district policies to manage recreational use conflicts
and protect recreation uses. Additionally, they can
plan for recreation areas through an AMSA process (AS
46.40.210(l) (C) .

6 AAC 80.070. ENERGY FACILITIES.

(a) Sites suitable for the development of major energy facilities
must be identified by districts and the state in cooperation with
districts.

(b) The siting and approval of major energy facilities by districts
and state agencies must be based, to the extent feasible and prudent,
on the following standards:

V-5
Septwber 1988

(1) site facilities so as to minimize adverse environmental
and social effects while satisfying industrial
requirements;

(2) site facilities so as to be compatible with existing
and subsequent adjacent uses and projected community

needs;

(3) consolidate facilities;

(4) consider the concurrent use of facilities for public or
economic reasons;

(5) cooperate with landowners, developers, and federal
agencies in the development of facilities;

(6) select sites with sufficient acreage to allow for
reasonable expansion of facilities;

(7) site facilities where existing infrastructure, including
roads, docks, and airstrips, is capable of satisfying
industrial requirements;

(8) select harbors and shipping routes with least exposure
to reefs, shoals, drift ice, and other obstructions;

(9) encourage the use of vessel traffic control and collision
avoidance systems;

(10) select sites where development will require minimal site
clearing, dredging and construction in productive
habitats;

(11) site facilities so as to minimize the probability, along
shipping routes, of spills or other forms of contamination
which would affect fishing grounds, spawning grounds,

V-6
September 1988

and other biologically productive or vulnerable habitats,
including marine mammal rookeries and hauling out grounds
and waterfowl nesting areas;

(12) site facilities so that design and construction of those
facilities and support infrastructures in coastal areas
of Alaska will allow for the free passage and movement
of fish and wildlife with due consideration for historic
migratory patterns and so that areas of particular scenic,
recreational, environmental, or cultural value will be
protected;

(13) site facilities in areas of least biological productivity,
diversity, and vulnerability and where effluents and
spills can be controlled or contained;

(14) site facilities where winds and air currents disperse
airborne emissions which cannot be captured before escape
into the atmosphere;

(15) select sites in areas which are designated for industrial
purposes and where industrial traf f ic is minimized through
population centers; and

(16) select sites where vessel movements will not result in
overcrowded harbors or interfere with fishing operations
and equipment.

(c) Districts shall consider that the uses authorized by the
issuance of state and federal leases for mineral and petroleum
resource extraction are uses of state concern. (Eff. 7/18/78, Reg.
67; am 8/18/79, Reg.71)
Authority: AS 44.19.161

AS 46.40.040

V-7
September 1988

"major energy facility" is defined in 6 AAC 80.900(22)
as follows:

(22) "major energy facility" includes marine service bases and
storage depots, pipelines and rights-of-way, drilling rigs and
platforms, petroleum or coal separation, treatment, or storage
facilities, liquid natural gas plants and terminals, oil terminals
and other port development for the transfer of energy products,
petrochemical plants, refineries and associated facilities,
hydroelectric projects, other electric generating plants,
transmission lines, minimum enrichment or nuclear fuel processing
facilities, and geothermal facilities; "major energy facility,"
means a development of more than local concern carried out in, or
in close proximity to, the coastal area, which meets one or more
of the following criteria:

(A) a facility required to support energy operations for explor-
ation or production purposes;

(B) a facility used to produce, convert, process, or store energy
resources or marketable products;

(D) a facility used for in-state energy use; or

(E) a facility used primarily for the manufacture, production, or
assembly of equipment, machinery, products, or devices which
are involved in any activity described in (A) - (D) of this
paragraph.

V-8
Septanber 1988

Under the energy facilities standard, districts and the
state may cooperate to identify sites suited for major
energy facilities. Energy facilities most likely to
affect Alaska's coast include the following:

0 structures used to explore for and produce oil and

gas;
0 shore bases and storage areas used to support energy
development;
0 pipelines and rights-of-way;
0 facilities used to separate, treat, and store oil,
gas, and coal;
0 plants used to condense natural gas into a liquid
and transport it;
0 ports used to transfer energy products;
0 yards used to build concrete platforms for offshore
oil and gas production;
0 refineries and associated facilities;
0 petrochemical plants;
0 electric power plants, including hydroelectric
projects;
0 transmission lines; and
0 facilities used to convert energy from the earth's
heat (geothermal) to power.

Districts also often incorporate into their coastal
management program policies relating to energy facility
development, site location and design, and impact
mitigation.

6 AAC 80.080 TRANSPORTATION AND UTILITIES.

(a) Transportation and utility routes and facilities in the coastal
area must be sited, designed, and constructed so as to be compatible
with district programs.

V-9
Septwber 1988

(b) Transportation and utility routes and facilities must be sited
inland from beaches and shorelines unless the route or facility is
water-dependent or no feasible and prudent inland alternative
exists to meet the public need for the route or facility. (Eff.
7/18/78, Reg. 67; am 8/18/79, Reg. 71)
Authority: AS 44.19.161

AS 46.40.040

"Transportation and utility routes and facilities" is
defined in 6 AAC 80.900(14) as follows:

(14) "transportation and utility routes and facilities" include
power transmission lines, mineral slurry lines, oil and gas
pipelines, land and marine corridors, railways, highways, roadways,
air terminals, water and sewage transfer, and facilities required
to operate and maintain the route or facility;

Transportation or utility routes or facilities on beaches
or shorelines could unnecessarily cut off public access
to the coast. Such routes or facilities could also
adversely impact coastal habitats and limit the shoreline
location of water-dependent and water-related uses.

Transportation and utility routes or facilities must be
sited inland from beaches and shorelines. There are two
exceptions: when these uses depend on direct access to
coastal waters; or when there is no feasible and prudent
inland alternative. By applying this standard, a district
can reserve its coastline for activities that need to be
in close proximity to the water. Districts may also
adopt specific policies on how transportation and utilities
are to be developed.

V-10
September 1988

6 AAC 80,090* FISH AND SEAFOOD PROCESSING,

Districts shall identify and may designate areas of the coast
suitable for the location or development of facilities related to
commercial fishing and seafood processing. (Eff. 7/18/78, Reg. 67)
Authority: AS 44.19.161

AS 46.40.040

Fish and seafood processing facilities include aquaculture
facilities, hatcheries, seafood processing plants, and
marine industrial and commercial facilities. The fish
and seafood processing standard allows districts to
identify and reserve appropriate coastal locations for
these facilities.

The success of a commercial fish and seafood processing operation
depends on a suitable site to serve a productive fishing area.
Suitability of the site is determined by such aspects as a pro-
tected harbor, adequate water depth at the dock, availability of
good quality fresh water, level land for building, access to
transportation, and an existing power source or potential for
self-contained power sources. Obviously, suitability depends on
the specific needs of the processing operation. Determinations of
suitability must also consider the effect each activity would have
on surrounding coastal habitats.

6 AAC 80. 100. TIMBER HARVEST AND PROCESSING.

AS [Alaska Statute) 41.17, Forest Resources and Practices, and the
regulations and procedures adopted under that chapter with respect
to the harvest and processing of timber, are incorporated into the
Alaska coastal management program and constitute the components

V-11
September 19as

of the coastal management program with respect to those purposes.
(Eff. 7/18/78. Reg. 67; am 8/18/79, Reg. 71; am 3/30/84, Reg. 59.
89)
Authority: AS 44.19.161

AS 46.40.040

The original timber harvest and processing standards of
the ACMP were replaced in 1984 with the current reference
to AS 41.17, the state Forest Resources and Practices
Act. This Act, and the regulations and procedures adopted
pursuant to it, constitute the timber standard of the
ACMP and preempt the original standard. These regulations
apply to timber operations on state, municipal, and
private land, and may apply on federal land in some

cases.

An operator, timber owner, or landowner must notify the Division
of Forestry within DNR before beginning any operation involving
harvesting, road construction, site preparation, precommercial
thinning, slash treatment or conversion of forest. The Act, and
its implementing regulations, set guidelines for timber harvesting
and associated activities. The guidelines address road
construction, harvesting practices, log storage and transportation,
reforestation practices, and insect and disease control. Operators
who comply with these guidelines are consistent with the timber
harvest standard of the ACMP.

6 AAC 80.110. MINING AND MINERAL PROCESSING.

(a) Mining and mineral processing in the coastal area must be
regulated, designed, and conducted so as to be compatible with the
standards contained in this chapter, adjacent uses and activities,
statewide and national needs, and district programs.

(b) Sand and gravel may be extracted from coastal waters, intertidal
areas, barrier islands, and spits, when there is no feasible and

V-12
Septwber 1988

prudent alterative to coastal extraction which will meet the public
need for the sand or gravel. (Eff. 7/18/78, Reg. 67; am 8/18/79,
Reg. 71)
Authority: AS 44.19.161

AS 46.40.040

This standard requires that mineral production be in
accord with other standards, nearby uses and activities,
regional programs, and state-wide and national needs.
It also limits extraction of sand and gravel from coastal
waters, intertidal areas, barrier islands, and spits to
circumstances in which there are no reasonable inland
sources to meet the public need.

6 AAC 80.120. SUBSISTENCE.

(a) Districts and state agencies shall recognize and assure
opportunities for subsistence usage of coastal areas and resources.

(b) Districts shall identify areas in which subsistence is the
dominant use of coastal resources.

(c) Districts may, after consultation with appropriate state
agencies, Native corporations, and any other persons or groupst
designate areas identified under (b) of this section as subsistence
zones in which subsistence uses and activities have priority over
all non-subsistence uses and activities.

(d) Before a potentially conflicting use or activity may be
authorized within areas designated under (c) of this section, a
study of the possible adverse impacts of the proposed potentially
conflicting use or activity upon subsistence usage must be conducted
and appropriate safeguards to assure subsistence usage must be
provided.

V-13
September 1988

(e) Districts sharing migratory fish and game resources must submit
compatible plans for habitat management. (Eff. 7/1/78, Reg. 67)
Authority: AS 44.19.16

AS 46.40.040

Because many Alaskans value and depend upon a subsistence
way of life, this standard requires that districts allow
for continued use of coastal areas and resources for

subsistence activities. Subsistence has also been

classified as a use of state concern.

Districts may identify in their resource inventories
areas where subsistence is the major use of coastal
resources and designate these areas as "subsistence
zones". The ACMP standards allow districts to rank
subsistence activities as the priority use within the
designated "subsistence zones".

If a use proposed for a subsistence zone appears to
conflict with the designated subsistence activities, the
district must assess the effects of the proposed use and
impose safeguards if necessary.

Fish and game species important to a subsistence life
style do not respect political boundaries, but instead
move from one area to another as their needs dictate.
The subsistence standard, therefore, requires the plans
of districts sharing migratory fish and game resources
to be compatible.

To date, districts have not used the "subsistence zone" technique.
Instead, districts have adopted policies that provide performance
standards for development or other activities. These policies
help achieve a balance between subsistence and other uses.

V-14
September 1988

The subsistence standard applies to management of subsistence
through land use and water use regulations. The standard does not
enable districts to allocate subsistence resources among users.
Authority to allocate such resources rests solely with the Alaska
Board of Fisheries and Board of Game.

6 AAC 80.130. HABITATS.

(a) Habitats in the coastal area which are subject to the Alaska
Coastal Management program include:

(1) offshore areas;
(2) estuaries;
(3) wetlands and tideflats;
(4) rocky islands and seacliffs,-
(5) barrier islands and lagoons;
(6) exposed high energy costs;
(7) rivers, streams, and lakes; and
(8) important upland habitat.

(b) The habitats contained in (a) of this section must be managed
so as to maintain or enhance the biological, physical, and chemical
characteristics of the habitat which contribute to its capacity to
support living resources.

(c) In addition to the standard contained in (b) of this section,
the following standards apply to the management of the following
habitats:

(1) offshore areas must be managed as a fisheries conservation
zone so as to maintain or enhance the state's sport,
commercial, and subsistence fishery;

(2) estuaries must be managed so as to assure adequate water
flow, natural circulation patterns, nutrients, and oxygen

V-15
September 1988

levels, and avoid the discharge of toxic wastes, silt,
and destruction of productive habitat;

(3) wetlands and tideflats must be managed so as to assure
adequate water flow, nutrients, and oxygen levels and
avoid adverse effects on natural drainage patterns, the
destruction of important habitat, and the discharge of
toxic substances;

(4) rocky islands and seacliffs must be managed so as to
avoid the harassment of wildlife, destruction of important
habitat, and the introduction of competing or destructive
species and predators;

(5) barrier islands and lagoons must be managed so as to
maintain adequate flows of sediments, detritus, and
water, avoid the alteration or redirection of wave energy
which would lead to the filling in of lagoons or the
erosion of barrier islands, and discourage activities
which would decrease the use of barrier islands by coastal
species, including polar bears and nesting birds;

(6) high energy coasts must be managed by assuring the
adequate mix and transport of sediments and nutrients
and avoiding redirection of transport processes and wave
energy; and

(7) rivers, streams, and lakes must be managed to protect
natural vegetation, water quality, important fish or
wildlife habitat and natural water flow.

(d) Uses and activities in the coastal area which will not conform
to the standards contained in (b) and (c) of this section may be
allowed by the district or appropriate state agency if the following
are established:

V-16
Septwiber 1988

(1) there is a significant public need for the proposed use
or activity;

(2) there is no feasible prudent alternative to meet the
public need for the proposed use or activity which would
conform to the standards contained in (b) and (c) of
this section; and

(3) all feasible and prudent steps to maximize conformance
with the standards contained in (b) and (c) of this
section will be taken.

(e) In applying this section, districts and state agencies may use
appropriate expertise, including regional programs referred to in
6 AAC 80.030(b). (Eff. 7/18/78, Reg. 67) '
Authority: AS 44.19.161

AS 46.40.040.

Habitats include offshore areas, estuaries, wetlands and
tideflats, rocky island and sea cliffs, barrier islands
and lagoons, exposed high energy coasts, rivers, streams,
lakes, and important upland habitat. Habitats are to be
managed so as to maintain or enhance their ability to
support life.

The habitat protection requirements included in the
regulations must be met unless there is a significant
public need and there are no "feasible and prudent"
alternatives to meet that public need. (The term
"feasible and prudent" is defined in 6 AAC 80.900(2).)
In these instances, the project must still conform with
the habitat standards.

V-17
September 1988

6 AAC 80.140. AIR, LAND, AND WATER QUALITY.

Notwithstanding any other provision of this chapter, the statutes
pertaining to and the regulations and procedures of the Alaska
Department of Environmental Conservation with respect to the
protection of air, land, and water quality are incorporated into
the Alaska coastal management program and, as administered by that
agency, constitute the components of the coastal management program
with respect to those purposes. (Eff. 7/18/78, Reg. 67)
Authority: AS 44.19.161

AS 46.40.040

The DEC's standards for air, land and water quality are
incorporated into the ACMP. The ACMP uses whatever DEC
standards are in effect at the time they are applied.
(Note: This is different from the situation with the
Corps of Engineers regulations in 6 AAC 80.040(b)).

6 AAC 80.150. HISTORIC, PREHISTORIC, AND ARCHAEOLOGICAL RESOURCES.

Districts and appropriate state agencies shall identify areas of
the coast which are important to the study, understanding, or
illustration of national, state, or local history or prehistory.
(Eff. 7/18/78, Reg. 67)
Authority: AS 44.19.161

AS 46.40.040

Districts identify cultural resource areas when they
prepare the resource inventories for their district
programs. In addition to areas of historic or prehistoric
significance, districts may identify other sites of
cultural importance, such as areas where certain
traditional activities are conducted. Districts are
encouraged to adopt policies which manage and provide
protection for these resources.

V-18
September 1988

AREAS WHICH MERIT SPECIAL ATTENTION (6 AAC 80-158-6 AAC 80.170)

DEFINITION

Areas which merit special attention (AMSAs) are areas where resource
values or claims on the resources call for detailed planning. As
defined in the Alaska Coastal Management Act, an AMSA is:

A delineated geographic area within the coastal area which is
sensitive to change or alteration and which, because of plans or
commitments or because a claim on the resources within the area
delineated would preclude subsequent use of the resources to a
conflicting or incompatible use, warrants special management
attention, or which, because of its value to the general public,
should be identified for current or future planning, protection,
or acquisition.
Authority: AS 46.40.210(l)

AMSA DETERMINATIONS

The Alaska Coastal Management Program identifies ten criteria for
determining whether or not an area qualifies as an AMSA. These
criteria, under AS 46.40.210 and 6 AAC 80.158, include:

1) areas of unique, scarce, fragile, or vulnerable natural
habitat, cultural value, historical significance, or scenic
importance;

2) areas of high natural productivity or essential habitat for
living resources;

3) areas of substantial recreational value or opportunity;

4) areas where development of facilities is dependent upon the
utilization of, or access to, coastal waters;

V-19
Septwber 1988

5) areas of unique geologic or topographic significance which
are susceptible to industrial or commercial development;

6) areas of significant hazard due to storms, slides, floods,
erosion, or settlement; and

7) areas needed to protect, maintain, or replenish coastal land
or resources, including coastal flood plains, aquifer recharge
areas, beaches, and offshore sand deposits;

8) areas important for subsistence hunting, fishing, food
gathering, and foraging;

9) areas with special scientific values or opportunities,
including those areas where ongoing research projects could
be jeopardized by development or conflicting uses and
activities; and

10) potential estuarine or marine sanctuaries.
Authority: AS 46.40.210(l)

6 AAC 80.158

THE AMSA MANAGEMENT APPROACH

AMSA planning offers the opportunity to develop information and
specific policies for sensitive or valuable areas. It also
facilitates coordination of planning efforts among districts and
state and federal agencies. The management options for AMSAs
vary, based on the established policies.

The AMSA management approach "must preserve, protect, enhance, or
restore the value or values for which the area was designated," as
specified in 6 AAC 80.160(A)(7). It must include:

0 a description of the uses and activities that will be
40 considered proper and the use and activities that will

V-20
September 1988

be considered improper with respect to land and water
within the area;

0 a summary or statement of the policies that will be
applied in managing the area; and

0 an identification of the authority that will be used to
implement the proposed management scheme.

Council approval of an AMSA plan includes both the approval of the
AMSA boundaries and of the specific management plan adopted for
it. AMSAs can be designated either inside or outside a coastal
district's boundaries. AMSAs located entirely within approved
district boundaries are managed by the district. AMSAs located
partly or entirely outside of district boundaries are managed by

the state under the ACMP.

USES OF STATE AND NATIONAL CONCERN

DEFINITION

Many of the land and water uses and activities subject to the
coastal management program could, depending on the scope of the
use or activity, be of a regional, statewide, or national
importance. They could also significantly affect the long-term
interest of Alaska and the nation. The legislators drafting the
Alaska Coastal Management Act recognized specific uses and
activities of regional, state, and national importance by including
consideration of "Uses of State Concern" in the act. Section
46.40.210(6) of the Alaska Coastal Management Act defines the term
to mean those land and water uses which would significantly affect
the long-term public interest. The uses include:

(A) uses of national interest, including resources for the siting
of ports and major facilities which contribute to meeting
national energy needs, construction and maintenance of

V-21
September 1988

navigational facilities and systems, resource development of
federal land, and national defense and related security
facilities that are dependent upon coastal locations;

(B) uses of more than local concern, including those land and
water uses which confer significant environmental, social,
culturalf or economic benefits or burdens beyond a single
coastal resource district;

(C) the siting of major energy facilities, activities pursuant
to state oil and gas lease, or large-scale industrial or
commercial development activities which depend on a coastal
location and which, because of their magnitude or the magnitude
of their effect on the economy of the state or the surrounding
area, are reasonably likely to present issues of more than
local significance;

(D) facilities serving statewide or interregional transportation
and communication needs; and

(E) uses in areas established as state parks or recreational
areas under AS 41.20 or as state game refuges, game
sanctuaries, or critical habitat areas under AS 16.20.

Authority: AS 46.40.210(6)

THE COUNCIL'S LIST OF USES OF STATE CONCERN

The statute directed the Alaska Coastal Policy council to further
define uses of state concern. The Council adopted Resolution No.
13, which outlines specific categories and criteria for uses of
state concern. These categories and criteria are not intended to
be all-inclusive. Uses identified in the resolution include:

V-22
SeptaTher 1988

0 Coastal development:

- the siting of major energy facilities;
- large-scale industrial and commercial developments;
- transportation facilities;
- new community development;
- defense and security facilities;

0 Renewable and non-renewable resources:

- management and enhancement of fish and wildlife

resources;
- conservation of anadromous fish waters;

- harvest of fish and wildlife;
- disposition of land and water;
- disposition of forest resources;
- resource development on federal lands;
- disposition of energy resources;
- disposition of minerals and materials;
- agriculture development and protection;

0 Air, land, and water quality:

- management of state parks, waysides, and recreational

areas;
- management of state historic, prehistoric, and
archaeological resources; and
- management of air quality, water quality, and solid

wastes.

Coastal districts must identify and address uses of state concern
during development of district programs. The districts may not
"arbitrarily or unreasonably restrict or exclude" uses of state
concern. The Council reviews district programs prior to approval
to make sure that uses of state concern are included. Following
program approval, the district and state must continue to ensure

V-23
Septedw 1988

through consistency reviews and local implementation that uses of
state concern are not arbitrarily or unreasonably restricted or
excluded during program implementation.

CONDITIONS FOR RESTRICTING OR EXCLUDING A USE OF STATE CONCERN

AS 46.40.070(c) allows the CPC to approve a restriction or exclusion
of a use of state concern if specific conditions are met. Those
conditions are as follows:

(c) In determining whether a restriction or exclusion of a use of
state concern is arbitrary or unreasonable, the council shall
approve the restriction or exclusion if it finds that

(1) The coastal resource district has consulted with and
considered the views of appropriate federal, state, or
regional agencies;

(2) The district has based its restriction or exclusion on
an analysis showing that the proposed use is incompatible
with the proposed site.
Authority: AS 46.40.070(c)

(Note: To date, the Council has not approved any district programs
that arbitrarily or unreasonably restrict or exclude a use of
state concern.)

In 1986, the Coastal Policy Council added a new section to the
ACMP regulations on uses of state concern (6 AAC 85.185). These
regulations allow a state agency or other interested party to
submit a petition to amend a district program if there is
substantial evidence that a use of state concernt is arbitrarily
or unreasonably restricted by the program's policies. Any petition
submitted must be sent to both DGC and the district, and must:

V-24
Septwber 1988

0 identify the uses of state concern that allegedly are
arbitrarily or unreasonably restricted or excluded by
implementation of the program;

0 document how the use(s) of state concern is restricted
or excluded;

0 describe a significant change in circumstances or new
information since program approval, that demonstrates
that the district has arbitrarily or unreasonably
restricted a use of state concern; and

0 propose an amendment to the program to correct the
problem.

After receipt of the petition, DGC will attempt to resolve the
petitioner's concerns within 30 days by working with all concerned
parties, including the district, the petitioner, and state agencies.
This period can be extended by up to 60 days at the request of the
petitioner, district or a state agency. If, at the end of this
period, DGC concurs with the petitioner, DGC will investigate the
allegedly unfair restrictions on the use(s) of state concern and
report its findings to the Council. If the Council agrees with
the petitioner, the district must amend its program. The amendment
becomes effective when the Lieutenant Governor files the Council
decision approving the amendment.

V-25
septwber 19a8

-A-h

0 VI - Alaska Coastal
k

Management Program
Implementation

-- - -

INTRODUCTION

This chapter describes how the ACMP is implemented at the federal,
state and local levels. It begins with a discussion of the state-
coordinated consistency review process, and how districts and the
state resource agencies participate in the process. The second
section of this chapter explains federal consistency requirements
which mandate that federal activities affecting the coastal zone
be consistent with the ACMP and federally-approved district
programs. The last section of this chapter describes how districts
with approved programs implement their district programs through a
variety of local implementation techniques.

THE STATE'S CONSISTENCY REVIEW PROCESS

Uses and activities conducted by state agencies in the coastal
area must be consistent with the ACMP standards and approved
district programs. In state permit decisions, in addition to
finding that the use or activity complies with the agency's statutes
and regulations, the agency must find that the permitted activity
is consistent with the ACMP (see 6 AAC 80.010).

The State of Alaska has implemented regulations by which consistency
determinations are made. These regulations, 6 AAC 50.010-6 AAC
50.190, are discussed below.

If a federal permit or permits from more than one state agency are
required, the consistency review process is coordinated by a
regional office of the Division of Governmental Coordination (DGC) .
If permits from only one state agency are required, the state
agency responsible for issuing those permits coordinates the review.

The state-coordinated review process is outlined in Table VI-1 and
discussed below.

VI-1
September 1988

TABLE VI-1
CONSISTENCY REVIEW SCHEDULE

Final Day for Action

30-Day 50-Day
Step or Action Schedule Schedule

Early contact with district about project. -- --

Applicant submits completed packet. 2 2
Coordinating agency distributes packet
and schedule.

Review period. 17 34

Request information via coordinating agency. 15 25

Request public hearing. 17* 34*

Send comments to coordinating agency. 17 34
(Verbal comments must be followed up in
writing within five days.)

Coordinating agency develops preliminary 24 44
position; notifies applicant and districts
with approved programs.

Submit written statement requesting 29 49
elevation to director level.

If a consensus is reached, consistency 30** 50**
determination is sent to reviewers.

If project is elevated, issues paper sent to 30*** 50***
reviewers.

The coordinating agency must decide within seven days whether
to hold a hearing. If so, the agency must provide 15-30 days
of notice, and provide a summary of the hearing five days
afterwards. All parties have the same seven days after receipt
of the summary to provide additional comments.

Agency permits must be issued five days after the consistency
determination is received unless this is statutorily impossible.

Elevation can take up to 15 days at each level. If no
consensus is reached during elevation to the directors, then
the project is elevated to the Commissioner for policy
direction.

VI-2
September 1988

PRE-APPLICATION ASSISTANCE

If the applicant asks for help, DGC or the coordinating state
resource agency is responsible for providing the applicant with
pre-application assistance. This can take the form of helping the
applicant fill out the coastal project questionnaire; or organizing
meetings with the applicant, state and federal agencies, and the
affected coastal district. These meetings are usually held before
the applicant submits his application.

Pre-application meetings generally occur in the regional offices
of DGC or the resource agencies. Many of the pre-application
meetings may also involve federal resource agencies.

EXPEDITED REVIEW

DGC maintains a list called the "Classification of State Agency
Approvals Under 6 AAC 50, 11 (also known as the "A, 11 11B, 11 and 11C11
lists). This is a list of approvals given for certain activities.
These approvals do not require individual consistency reviews and
can be given fairly quickly. However, the applicant must obtain
all other necessary state and local permits. The list classifies
state approvals into three categories: Categorically Consistent
Approvals, General Concurrence Determinations, and Individual
Project Reviews.

Categorically Consistent Approvals

Categorically Consistent Approvals (also referred to as the "All
list) are granted for activities that the DGC has determined do
not have a significant coastal impact as defined by the Alaska
Coastal Management Act. Examples of permits that are classified
as Categorically Consistent include: air quality control permit
to open burn, plan review and approval of sewerage or sewage
treatment works, game sanctuary entry permit, gravel sales from
prev i ous ly- approved upland sources, certain water withdrawals on

VI-3
septwber 1988

the North Slope, trapping and remote cabin construction permits,
assignment of mineral interests, and notice of intent to explore
for surface coal.

General Concurrence Approvals

Activities on the General Concurrence list (also referred to as
the "B" list) have been determined to be consistent with the ACMP
so long as the activity complies with standard stipulations.
Each General Concurrence has been assigned a number and description
and is accompanied by a list of standard conditions.

Examples of permits that are classified as General Concurrence
include: certain nation-wide permits, COE General Permits,
recreational placer mining, temporary navigation sites, access
across state park lands, cross-country movement of equipment in
winter, certain National Pollutant Discharge Elimination System
(NPDES) permits for Norton Sound and Beaufort Sea, surface oiling
of roads, and temporary camps on state lands.

Individual Prolect Reviews

Some projects involve activities that are not categorically
consistent and that have not been given a general concurrence
determination. These projects must be individually reviewed for
consistency with the ACMP and with the approved coastal management
program of the district in which they are located.

VI-4
September 1988

PROJECTS AFFECTING THE COASTAL ZONE

The state resource agencies will determine if a project3 is in or
may affect the coastal zone. This determination is made using
criteria established in 6 AAC 50.190(14). This is important because
a proposed project could affect coastal resources or uses even
though its activities occur outside the district coastal zone
boundary. Projects which meet the criteria are reviewed for
consistency with the ACMP, which includes approved district coastal
management programs.

THE REVIEW PROCESS

The Schedule

DGC or the coordinating state resource agency completes the review
within either 30 or 50 days. The 50-day review schedule is most
commonly used.

For a project which includes a disposal of interest in state lands,
DGC works with DNR to establish a review schedule4. The schedule
will synchronize the consistency review schedule and DNR's statutory
responsibilities regarding the disposal of interest, allowing both
processes to run concurrently.

3 "Project" is defined by 6 AAC 50.190(14) as an activity or
use which will be located in or may affect the coastal zone of
Alaska and which is subject to consistency review under section
307 of the Coastal Zone Management Act of 1972, as amended (16
U.S.C. Section 1456), or which requires the issuance of one or
more state permits; when a land or water activity is developed or
authorized in discrete phases, and each phase requires agency
decisions regarding permits, each phase is considered a "project".

4The "disposal of interest in state land" means the sale,
lease, or other disposition of state-owned or state-managed land
or resources by the Department of Natural Resources.

VI-5
September 1988

DGC or the coordinating state resource agency may grant extensions
to the schedule as provided under 6 AAC 50.110. Deadlines may be
extended for the following reasons: at the request of the
applicant; to allow field review by an agency; to receive additional
information requested by a district or agency; if a public hearing
is required; or for other reasons allowed by the regulations.

Reguests for Information

Agencies and the affected district may request additional
information from the applicant during the review. Day 25 of a 50-
day review and Day 15 of a 30-day review are the last days for an
agency or district to request additional information. The
coordinating agency may stop the review until the additional
information is received.

Proposed Consistency Determination

After reviewing comments on the project from the state resource
agencies, the coastal district, and the public, DGC or the
coordinating state resource agency develops a proposed consistency
determination. The proposed determination is presented to the
applicant, agencies, and district for their review.

Elevation process

If an applicant, agency, or district disagrees with the proposed
determination for the project, he or she may request "elevation",
or further review by division directors in the state resource
agencies. The directors review the proposed determination and any
additional information included in the elevation request. They
then issue a second proposed determination.

Upon request, the directors' proposed determination may also be
elevated to the commissioners of the resource agencies. Each
elevation review can take no longer than 15 days.

VI-6
September 1988

If the project requires a federal permit and the applicant disagrees
with the state's final conclusive consistency determination, the
applicant may also appeal to the U.S. Secretary of Commerce in
Washington, D.C., as provided in 15 CFR 930.125(H).

Conclusive determination

A conclusive consistency determination is issued when the applicant,
state resource agencies, and coastal district reach agreement on
the proposed determination.

Permits

Within five days after the conclusive consistency determination is
issued, state agencies must issue the state permits covered by the
determination. The agency may delay the permit issuance only if
it finds additional review is necessary to fulfill statutory
requirements.

PUBLIC INVOLVEMENT

Any member of the public may request a copy of the project
application packet and comment in writing on the proposed project.
DGC or the coordinating state resource agency may hold a public
hearing if a hearing is requested by the last day of the public
comment period. The purpose of the hearing must be consideration
of issues which have not been adequately addressed during the
review.

DGC or the coordinating state resource agency has seven days to
decide whether to hold a public hearing. If DGC or the coordinating
state resource agency decides to hold the hearing, it usually
notifies the public using at least two methods: by placing a
public notice in a newspaper of local circulation, and by writing
a letter to the local governing body. If the proposed project is

VI-7
September 1988

located in the unorganized borough, then public notice is given
over the local radio or television station.

If new information is presented at the hearing, DGC or the
coordinating state resource agency sends a summary of this new
information within five days to all reviewers (state resource
agencies and the district), and to any member of the public who
wishes to be involved in the review process.

DUE DEFERENCE

In making the consistency finding, the coordinating agency gives
"due deference" to the resource agencies and coastal districts
with approved programs. Due deference means following the
recommendations of the agency or district having the most expertise
in a particular field. For example, the local district with an
approved program is considered to be the "expert" on interpretation
and application of its program, while DEC would be considered the
expert on water and air quality; DNR, the expert on oil and gas
drilling; DFG on fish, wildlife, and habitat issues. With
subsistence issues, DFG might be the expert on some issues, but a
local district in a remote region of Alaska would likely be the
expert on many aspects of subsistence.

FEDERAL CONSISTENCY REQUIREMENTS

GENERAL DISCUSSION

"Federal consistency" refers to section 307 of the federal Coastal
Zone Management Act (CZMA). It requires federal agency actions to
comply with the ACMP once the U.S. Secretary of Commerce approves
the state's program. Since approved district coastal management
programs are part of the state program, federal agency actions
must comply with approved district programs as well as with the
state's coastal management standards.

VI-8
Septwber 1988

The consistency provisions apply to several types of federal
actions, including: direct federal activities; activities which
require federal licenses and permits; outer continental shelf
(OCS) exploration, development and production activities; and
federal assistance to state and local governments. Federal leases
of OCS resources are exempt from the consistency requirement.
Other direct federal activities may also be exempt if other federal
laws or unforeseen circumstances prevent full consistency with the
state program. However, these exceptions are not frequent.

FEDERAL CONSISTENCY PROCESS

Procedures for determining consistency of federal actions are
described in federal regulations (15 CFR Part 930). Federal
agencies must determine whether their own proposed activities will
"directly affect" the coastal zone. Applicants for federal permits
must certify that the proposed action is consistent, to the maximum
extent practicable, with the state's coastal management standards
and with approved district program policies.

Direct Federal Activities

If a federal agency decides that one of its activities might
directly affect the state's coastal area, it determines whether
the proposed action complies with the state's coastal management
standards and approved district programs. The federal actions
with potential direct effects include, but are not limited to:

0 all development projects, including planning,
construction, modification, or removal of public works,
facilities, or other structures;

0 acquisition, use, or disposal of land or water resources;

0 0 federal waste disposal plans for a federal facility; and

VI-9
September 1988

0 other federal agency activities requiring a federal
license or permit.

Federal Licenses and Permits

Activities which require federal licenses and permits may affect
the state's coastal area. The federal agency responsible for
issuing the license or permit directs the applicant to certify
that the proposed activity will be consistent with the state's
coastal management standards and with any federally-approved
district program.

Examples of licenses and permits which could directly affect the
state's coastal zone (and the agencies which issue these permits)
include:

0 permits under Section 404 of the Federal Clean Water
Act, authorizing discharges into wetlands (COE);

� permits under Section 9 and 10 of the River and Harbor
Act, authorizing the construction of bridges, causeways,
dams and dikes, and the obstruction of navigable waters
(COE);

� permits and licenses for drilling and mining and related
facilities on public lands (Bureau of Land Management);

� permits for siting, construction, and operation of
deepwater ports (U.S. Coast Guard);

� permits for new sources of pollution, modifications of
existing sources of pollution, and waivers of compliance
allowing extensions to meet air quality standards under
Section 112 (c) (1) of the 1972 Clean Air Act (Environmental
Protection Agency (EPA));

VI-10
September 1988

0 permits for water easements on U.S. Forest Service (USFS)
lands (USFS);

0 permits for construction and development activities on
USFS lands (USFS); and

0 approvals for exploration, development, and production
of OCS resources (Minerals and Management Service (MMS)) .

Federal Assistance Programs

The State of Alaska does not presently review federally-financed
activities for consistency with the ACMP.

LOCAL IMPLEMENTATION

Once a district receives approval of its coastal management program,
it puts the policies into action through a range of local
implementation methods. Local implementation ensures that
activities proposed within a district are consistent with the
district's approved program.

One of the first steps for implementing the district coastal program
is to charge a person with the responsibility for administering
the program. Districts may assign this responsibility to the
district coordinator, city manager, planning director, public
works director, or land administrator. CRSAs use a district
coordinator as well as the CRSA board.

Regulations applying to local implementation of approved district
programs are found in 6 AAC 85.100. These regulations provide a
varied list of implementation techniques available to districts.
The appropriateness of a particular implementation technique depends
on a district's form of government as well as on staffing levels
and local development attitudes.

VI-11
September 1988

The 325 coastal districts fall into two categories:

1) Districts which are incorporated municipalities
with the authority to regulate development
using planning, platting, and land use
regulations. They include home rule, first-
and second-class cities; second-class and home
rule boroughs; and unified municipalities.
There are 28 districts that fall into this

category.

2) Districts within the unorganized borough,
called Coastal Resource Service Areas (CRSAs).
There are currently four CRSAs in Alaska.

The most important local implementation techniques include
consistency reviews, participation in state and federal planning
projects, cooperative agreements, and public education and
involvement. All districts can employ these techniques. Another
powerful implementation technique (available to appropriate cities,
boroughs, and municipalities) is enactment of local land use
regulations. CRSAs do not have authority to implement land use
regulations.

The implementation techniques presented below are currently used
by coastal districts:

0 participation in the state and federal consistency review

process;

5The Annette Island Indian Reserve (Metlakatla) is a city
established under federal law. State and federal consistency do
not apply to Annette Island because of its legal status, however,
local consistency is applicable. The types of implementation
techniques available to the Reserve are the same as for districts
which are incorporated communities.

VI-12
September 1988

0 comprehensive plans and other local land use plans,
including:

- comprehensive development plans;
- recreation development plans;
- waterfront development plans;
- wetland management plans;

0 local land use regulations, including:

- zoning and subdivision ordinances;
- conditional use permits;
- performance standards;
- site plan review;
- overlay zones;
- special zoning districts to include protection of
floodplains, shorelines, wetlands, views, historic
and cultural values, hazards to life, and erosion;
subdivision ordinances;

0 land use and building permits;

0 capital improvements programs;

0 land sales, acquisition, or leasing;

0 cooperative agreements, including those:

- between agencies and districts,
- between districts,
- between districts and Native corporations, and
- between districts and villages;

VI-13
Septwiber 1988

0 General Permits, including:

Section 10; River and Harbor Act of 1899,
Section 404; Clean Water Act;

� participation in state and federal planning projects;

and

� public involvement.

VI-14
Septunber 1988

0
L

VII - Glossary

GLOSSARY

The definitions in bold are taken directly from Alaska statutes
and regulations. Definitions or commentary in standard typeface
derive from other sources.

"A, "B", and "C" Lists - used to refer activities listed in Parts
A, B, and C, respectively, of a document titled
"Classification of State Agency Approvals under 6 AAC
50.050.11 Activities listed under Part A (the "All list)
are automatically deemed consistent with the ACMP and do
not require an individual consistency review nor any new
restrictions on how the activity is undertaken.
Activities listed under Part B (the IIBII list) are regarded
as generally consistent with the ACMP, provided they are
conducted in accordance with the standard stipulations
included in the "B" list. Activities on the IICII list
require an individual consistency review.

ACMP the Alaska Coastal Management Program, as amended, which
was developed as provided in Alaska Statutes (AS)
46.40, 6 AAC 80, and 6 AAC 85, and approved by the
Secretary of the United States Department of Commerce
under authority of Sec. 305 of the Coastal Zone Management
Act of 1972, as amended, 15 U.S.C. S1454. The ACMP
includes the standards and guidelines incorporated in 6
AAC 80 and 6 AAC 85, as well as the content of approved
district coastal management programs.

Adverse impacts or effects - negative or detrimental effects.

Affected coastal resource district - a coastal resource district
(as defined in AS 46.40.210(2)) in which a project is
proposed to be located or which may experience direct
and significant impacts (to its coastal resources) from

VII-1
Septeffber 1988

a proposed project. A project outside of a particular
district can affect the district's resources.

Approved district program - a coastal resource district program
that has been approved by the Alaska Coastal Policy
Council and filed by the lieutenant governor's office.

Area which merits special attention, commonly referred to as AMSAs
-a delineated geographic area within the coastal area
which is sensitive to change or alteration and which
warrants special management for several reasons:

0 because of plans or commitments;

0 because a claim on the resources within the
area delineated would preclude subsequent use
of the resources to a conflicting or
incompatible use;

0 because of the area's value to the general
public requires that the area be identified
for current or future planning, protection, or
acquisition.

These areas, subject to council definition of criteria
for their identification, include:

(A) areas of unique, scarce, fragile or vulnerable natural
habitat, cultural value, historical significance, or
scenic importance;

(B) areas of high natural productivity or essential
habitat for living resources;

VII-2
September 1988

(D) areas where development of facilities is dependent
upon the utilization of, or access to, coastal waters;

(E) areas of unique geologic or topographic significance
which are susceptible to industrial or commercial
development;

(F) areas of significant hazard due to storms, slides,
floods, erosion or settlement; and

(G) areas needed to protect, maintain, or replenish
coastal land or resources, including coastal flood plains,
aquifer recharge areas, beaches and offshore sand deposits;

(H) areas important for subsistence hunting, fishing,
food gathering, and foraging;

(I) areas with special scientific values or opportunities,
including those areas where ongoing research projects
could be jeopardized by development or conflicting uses
and activities; and

(J) potential estuarine or marine sanctuaries.

Areas which merit special attention are often referred
to as AMSAs. They are specific areas, either wholly or
partially within or outside of established districts,
which have been identified as needing close attention in
regard to planning and project review.

Barrier islands and lagoons - depositional coastal environments
formed by deposits of sediment offshore or coastal
remnants which form a barrier of low-lying islands and
bars protecting a salt-water lagoon with free exchange
of water to the sea.
0

VII-3
September 1988

Beaches - the area affected by wave action directly from the sea.

CMP - Coastal Management Program.

COE - United States Army Corps of Engineers.

CZMA - the federal Coastal Zone Management Act of 1972, as amended,
16 U.S.C. S1451 et seq. This Act provided the basis for
the development of the Alaska Coastal Management Program.

Categorically Consistent - permits or projects which fall within a
category of development that is consistent with the
Alaska Coastal Management program because the activity
authorized by the permit has no significant impact in
the coastal zone (6 AAC 50. 050 (b) These permits are
included in the "All list.

Coastal Coordinator - the individual within either an approved or
non-approved coastal district whose responsibilities
include: developing and implementing the district's
coastal management program; coordinating efforts of
agencies and the coastal district; helping project
applicants; acting as a liaison between agencies and
project applicants; involving the public in coastal
management; and, in approved districts, reviewing proposed
projects to ensure maximum consistency with the district's
approved coastal management program. This term is used
interchangeably with district coordinator.

Coastal Management Program (C24P) - the local plan directing coastal
management which has been approved by the district and
which becomes part of the ACMP after approval by the
Coastal Policy Council.

Coastal Policy Council - the Council that oversees the Alaska
Coastal Management Program (ACMP), setting statewide

VII-4
Septwiber 1988

coastal policy and reviewing coastal district programs
for approval. The Council is comprised of: nine locally-
elected officials from coastal communities who are
appointed by the governor; six state agency cabinet
officials; and the Director of the Division of
Governmental Coordination (DGC) in the Office of the

Governor.

Coastal Resource District - any local or regional jurisdiction in
Alaska, as listed below, which contains a portion of the
coastal area of the state. (These areas are also referred
to as coastal districts or districts):

(A) unified municipalities established under AS 29.68.240-

29.68.440;

(B) organized boroughs of any class which exercise
planning and zoning authority;

(C) home rule and first class cities of the unorganized
borough or within boroughs which do not exercise planning
and zoning authority;

(D) second class cities of the unorganized borough, or
within boroughs which do not exercise planning and zoning
authority, which have established a planning commission,
and which, in the opinion of the commissioner of the
Department of Community and Regional Affairs have the
capability of preparing and implementing a comprehensive
district coastal management program under AS 46.40.030;

(E) coastal resource service areas established and
organized under AS 29.03.020 and 46.40.110 - 46.40.180.

Coastal Resource Service Areas (CRSA) - a special organization
that may be formed in the unorganized borough for coastal

VII-5
September 1988

management planning purposes. Residents of a region
vote on whether to form a CRSA, and then elect a seven-
member board from the region to govern the CRSA.

Coastal water - all water bodies in the coastal area, including
wetlands and the intertidal area.

conclusive consistency determination - see determination.

Consistency - compliance with the standards of the ACMP, including
the enforceable policies of an approved coastal resource
district program.

A project must be consistent with both the ACMP and the
approved local district coastal management program in
order for it to receive local, state, and federal permits
that will allow the project to be conducted.

Consistency determination - see determination.

Coordinating agency - the agency responsible for coordinating and
facilitating the review and rendering the consistency
determination required by 6 AAC 50.

There are four agencies which may coordinate consistency
reviews: DGC, DEC, DNR, and DFG.

Council - State of Alaska Coastal Policy Council.

DCRA State of Alaska Department of Community and Regional Affairs.

DEC State of Alaska Department of Environmental Conservation.

DFG State of Alaska Department of Fish and Game.

VII-6
Septwber 1988

DGC - Division of Governmental Coordination within the office of
Management and Budget in office of the Governor of the
State of Alaska.

DNR - State of Alaska Department of Natural Resources.

DOT/PF - State of Alaska Department of Transportation and Public
Facilities.

Determination, consistency determination, or conclusive consistency
determination -

(A) a document issued by the coordinating agency
containing a brief description of the project, and the
findings of the consistency review together with any
stipulations, conditions, or modifications to the project
which must be attached to the applicable permits, and a
brief justification for those necessary modifications,
0 conditions, or stipulations, and includes
(B) a response to a consistency certification or
determination required or authorized under the CZMA.

Consistency determinations are issued after review of a
project is complete.

Direct and significant impact - an effect of a project which will
likely contribute or lead to a significant change in or
alteration of the natural, social, cultural, or economic
characteristics of a coastal resource district.

Disposal of interest in state land - the sale, lease, or other
disposition of state-owned or state-managed land or
resources by the Department of Natural Resources of the
State of Alaska.

District - see coastal resource district.

VII-7
Septeffber 1988

District Coordinator - the individual within either an approved or
non-approved coastal district, responsible for:

a. Developing a coastal management program within a district
for approval by the coastal policy council (if the
district's program is not yet approved; and

b. Reviewing proposed activities within an approved district
to ensure that those activities are consistent to the
maximum extent practicable with the district program.

C. Implementing the goals and policies of the district's
coastal management program.

District program - a district coastal management program.

Due deference - that deference which is appropriate in the context
of the commenter's expertise and area of responsibility,
and all the evidence available to support any factual
assertions (6 AAC 50.120(a)).

Effective Date - the date that a district program becomes effective
and is implemented; also refers to the date that a
particular piece of legislation become law.

EPA - United States Environmental Protection Agency.

Elevation - the process of bringing controversial issues identified
in a coastal project consistency review to a higher
level within the state resource agencies for discussion
and decision. Projects are "elevated" from the agency
staff level to directors, and then to commissioners.

Estuary - a semi-enclosed coastal body of water which has a free
connection with the sea and within which seawater is

VII-8
September 1988

measurably diluted with freshwater derived from land
drainage.

Emergency Expedited Review - if, due to an emergency as described
in AS 26.23 or AS 46.04.080 or other applicable law, an
applicant needs an expedited agency permit or consistency
review, or if the head of the coordinating agency finds
that an expedited review is necessary for the preservation
of the public peace, health, safety, or general welfare,
the head of the coordinating agency may modify the review
process as necessary to meet the emergency. Any
modifications in the review process must be made in
writing by the head of the coordinating agency, based
upon clear and convincing evidence of a need for the
modifications.

Expedited Review - when a proposed activity does not need to be
individually reviewed by a local district and state
agencies because it is categorically consistent or has
received general concurrence.

Exposed high-energy coasts - open and unprotected sections of
coastline with exposure to ocean-generated wave impacts
and usually characterized by coarse sand, gravel, boulder
beaches, and well-mixed coastal water.

Facilities related to commercial fishing and seafood processing-
includes hatcheries and related facilities, seafood
processing plants and support facilities, marine
industrial and commercial facilities, and aquaculture
facilities.

Feasible and prudent - consistent with sound engineering practice
and not causing environmental, social, or economic
problems that outweigh the public benefit from compliance
with the standard.

VII-9
September 1988

FWS - United States Fish and Wildlife Service.

General Concurrence - a consistency determination for a type of
project which includes only routine activities, and
which can be effectively made consistent with the Alaska
Coastal Management Program by imposing standard
stipulations on the applicable permit. These projects
are listed on the "B" list.

Geophysical hazard areas - areas which present a threat to life or
property from geophysical or geological hazards, including
flooding, tsunami run-up, storm surge run-up, landslides,
snowslides, faults, ice hazards, erosion, and littoral
beach process.

Habitat - land or water which supports fish, wildlife, or their

foods.

Including - including but not limited to.

Islands - bodies of land surrounded by water on all sides; interior
portions of major island may be excluded from the coastal
area if uses of these islands do not cause direct and
significant impacts on coastal water.

Maintenance, restoration, and enhancement of habitat - maintenance
means insuring that the abundance, distribution, and
diversity of fish and wildlife populations and their
habitats remain within the existing range of natural
fluctuations. Restoration means increasing fish or
wildlife populations or their habitats artificially to
allow full use of available resources with the intent
that the increased population levels will be self-
sustaining. Enhancement means supplementing numbers of
a fish or wildlife population or physically or chemically

VII-10
Septwber 1988

altering the habitat to a productivity level above what
can be sustained naturally by the existing environment.

Major energy facility - includes marine service bases and storage
depots, pipelines and rights-of-way, drilling rigs and
platforms, petroleum or-coal separation, treatment, or
storage facilities, liquid natural gas plants and
terminals, oil terminals and other port development for
the transfer of energy products, petrochemical plants,
refineries and associated facilities, hydroelectric
projects, other electric generating plants, transmission
lines, minimum enrichment or nuclear fuel processing
facilities, and geothermal facilities; "major energy
facility," means a development of more than local concern
carried out in, or in close proximity to, the coastal
area, which meets one or more of the following criteria:

(A) a facility required to support energy operations for
exploration or production purposes;

(B) a facility used to produce, convert, process, or
store energy resources or marketable products;

(D) a facility used for in-state energy use; or

(E) a facility used primarily for the manufacture,
production, or assembly of equipment, machinery, products,
or devices which are involved in any activity described
in (A) - (D) of this paragraph.

Marine coastal water - water adjacent to shorelines which contains
a measurable quantity of seawater, including sounds,
bays, lagoons, bayous, ponds, and estuaries, and the

VII-11
Septeffber 1988

living resources which are dependent on these bodies of

water.

Maximum extent practicable - the requirement for federal government
activities, including development projects directly
affecting the coastal zone of Alaska, to be fully
consistent with the Alaska Coastal Management Program
unless such compliance would violate another federal law
(15 CFR 930.32(a)).

Mining and mineral processing - the development of mineral resources
extracted in tidal rivers, coastal water, and on
continental shelves of the open sea, and found in surface,
subsurface, and aqueous deposits.

NMFS - National Marine Fisheries Service.

NPDES - National Pollution Discharge Elimination System; relating
to permits issued by the EPA.

OCS - Outer Continental Shelf.

OMB - office of Management and Budget in the office of the Governor.

Offshore areas - submerged lands and waters seaward of the
coastline.

PROFS professional office systems; the computerized communi-
cations network used by DGC, resource agencies, and
districts.

Permit a permit, lease, authorization, license or any other
determination necessary for completion of a project or a
discrete phase of a project.

VII-12
Septwber 1988

Project - an activity or use which will be located in or may affect
the coastal zone of Alaska and which is subject to
consistency review under See. 307 of the Coastal Zone
Management Act of 1972, as amended (16 U.S.C. S1456), or
which requires the issuance of one or more state permits;
when a land or water activity is developed or authorized
in discrete phases, and each phase requires agency
decisions regarding permits, each phase is considered a
"project."

Resource agency - the Alaska Department of Environmental
Conservation, or the Department of Fish and Game, or the
Alaska Department of Natural Resources.

Review or consistency review - the evaluation of a project against
the ACMP standards and approved district coastal
management program.

Rocky islands and seacliffs - islands of volcanic or tectonic
origin with rocky shores and steep faces, offshore rocks,
capes, and steep rocky seafronts.

Saltwater wetlands - see wetlands.

Significant amendment - an amendment to an approved district program
which

(A) results in a major revision, addition or deletion
to the policies or implementation methods or authorities
included in the district program under 6 AAC 85.090 and

6 AAC 85.100;

(B) alters the district boundaries, other than by
technical adjustments;
0

VII-13
September 1988

(C) designates an area which merits special attention
0 or alters an existing area which merits special attention
designation; or

(D) restricts or excludes a use of state concern not
previously restricted or excluded.

Stipulations - requirements placed on a development that are
incorporated into a state or federal permit to mitigate
or reduce the development impacts.

Tideflats - mostly unvegetated areas that are alternately exposed
and inundated by the falling and rising of the tide.

Transitional and intertidal areas - areas subject to periodic or
occasional inundation by tides, including coastal
floodplains, storm surge areas, tsunami and hurricane
zonesl and washover channels.

Transportation and utility routes and facilities - includes power
transmission lines, mineral slurry lines, oil and gas
pipelines, land and marine corridors, railways, highways,
roadways, air terminals, water and sewage transfer, and
facilities required to operate and maintain the route or
facility.

Upland - drainages, aquifers, and land, the use of which would
have a direct and significant impact on coastal water.

Use of direct and significant impact - a use, or an activity
associated with the use, which proximately contributes
to a material change or alteration in the natural or
social characteristics of a part of the state's coastal
area and in which

VII-14
September 1988

(A) the use, or activity associated with it, would have
a net adverse effect on the quality of the resources of
the coastal area;

(B) the use, or activity associated with it, would
limit the range of alternative uses of the resources of
the coastal area; or

(C) the use would, of itself, constitute a tolerable
change or alteration of the resources within the coastal
area but which, cumulatively, would have an adverse

effect.

Uses of State Concern - those land and water uses which would
significantly affect the long-term public interest;
these uses, subject to council definition of their extent,
include:

(A) uses of national interest, including the use of
resources for the siting of ports and major facilities
which contribute to meeting national energy needs,
construction and maintenance of navigational facilities
and systems, resource development of federal land, and
national defense and related security facilities that
are dependent upon coastal locations;

(B) uses of more than local concern, including those
land and water uses which confer significant
environmental, social, cultural, or economic benefits or
burdens beyond a single coastal resource district;

(C) the siting of major energy facilities, activities
pursuant to a state oil and gas lease, or large-scale
industrial or commercial development activities which
are dependent on a coastal location and which, because
0 of their magnitude or the magnitude of their effect on

VII-15
September 1988

the economy of the state or the surrounding area, are
reasonably likely to present issues of more than local
significance;

(D) facilities serving statewide or interregional
transportation and communication needs; and

(E) uses in areas established as state parks or
recreational areas under AS 41.21 or as state game
refuges, game sanctuaries or critical habitat areas
under AS 16.20 (paragraph 4 CH 84 SLA 1977; and paragraph
3 CH 129 SLA 1978).

village - an unincorporated community where at least 25 persons
reside as a social unit as determined by the Department
of Community and Regional Affairs (S4 CH 84 SLA 1977).

Water-dependent - a use or activity which can be carried out only
on, in, or adjacent to water areas because the use
requires access to the water body.

Water-related - a use or activity which is not directly dependent
upon access to a water body, but which provides goods or
services that are directly associated with water-
dependence and which, if not located adjacent to water,
would result in a public loss of quality in the goods or
services offered.

Wetlands - includes both freshwater and saltwater wetlands.

"Freshwater wetlands" means those environments
characterized by rooted vegetation which is partially
submerged either continuously or periodically by surface
freshwater with less than 0.5 parts per thousand salt
content and not exceeding three meters in depth.
"Saltwater wetlands" means those coastal areas along
sheltered shorelines characterized by holophytic

VII-16
September 1988

hydrophytes and macroalgae extending from extreme low
tide to an area above extreme high tide which is
influenced by sea spray or tidally-induced water table
changes.

VII-17
Septeffber 1988

f-!7- -

0
L

VIII - Appendices

I,&

0
L

Enablint! le0slation
4zy C:7

7-1 -

Title 44

Chapter 19. Office of the Governor.

Article 12. Office of Management and Budget.

Section
141. Alaska office of management and 144. Powers and duties of the director
budget 145. Functions and duties of the office
142. Director 152. Definitions
143. Personnel

NOTE: Only those sections of Article 12 related to the Alaska Coastal Management Program
are reprinted here.

Sec. 44.19.145. Functions and duties of the office. (a) The office
shall
(1) provide technical assistance to the governor and the legislature
in identifying long range goals and objectives for the state and its
political subdivisions;
(2) prepare and maintain a state comprehensive development plan;
(3) provide information and assistance to state agencies to aid in
governmental coordination and unity in the preparation of agency
plans and programs;
(4) review planning within state government as may be necessary
for receipt of federal, state or other funds;
(5) participate with other countries, provinces, states or subdivisions
of them in international or interstate planning, and assist Alaska's
local governments, governmental conferences and councils, in
planning and coordinating their activities;
(6) encourage educational and research programs that further state
planning and development, and provide administrative and technical
services for them;
(7) publish such statistical information or other documentary mate-
rial as will further the provisions and intent of AS 44.19,141 -
44.19.152;
(8) assist the governor and the Department of Community and
Regional Affairs in coordinating the activities of state agencies which
have an impact on the solution of local and regional development prob-
lems;
(9) serve as a clearinghouse for information, data, and other mate-
rials which may be helpful or necessary to federal, state or local govern-
mental agencies in discharing their respective responsibilities or in
obtaining federal or state financial or technical assistance;
(10) review all proposals for the location of capital improvements by
any state agency and advise and make recommendations concerning
location of these capital improvements;

44.19.152 AL.AsKA STATUTFS SUPPLEMENT � 44.19.152

(11) render, on behalf of the state, all federal consistency determina-
tions and certifications authorized by 16 U.S.C. 1456 (� 307, Coastal
Consistency Reviews Zone Management Act of 1972), and a conclusive state consistency
determination when a project requires two or more state or federal
permits, leases, or authorizations.
(b) The office shall, in carrying out its functions, consult with local,
regional, state and federal officials, private groups and individuals,
and with officials of other countries, provinces and states, and may hold
public hearings to obtain information for the purpose of carrying out
the provisions of AS 44.19.141 - 44.19.152.
(c) The governor may establish coordinating or advisory planning
groups.
(d) The office shall
(1) coordinate its services and activities with those of other state
departments and agencies to the fullest extent possible to avoid dupli-
cation;
(2) prepare an integrated annual report on the long-range
development program of the state and submit it to the governor for
incorporation into the governor's report to the legislature;
(3) cooperate with the University of Alaska and other appropriate
public and private institutions in research and investigations. (� 2 ch
103 SLA 1966; am � 2 ch 219 SLA 1970; am � 2 ch 60 SLA 1972; am
H 8, 10 ch 200 SLA 1972; am � 5 ch 207 SLA 1975; am � 20 ch 63 SLA
1983)

Effect of amendmentiL - The 1983 changes, and in subsection (a) revised the
amendment, effective July 15, 1983, sub- paragraph numbering and added para-
stituted "office" for "division" throughout graph (11).
the section, made other minor word

See. 44.19.152. Dermitions. In AS 44.19.141 - 44.19-152,
(1) "director" means the director of the office of management and
budget;
(2) "office" means the Alaska office of management and budget. (� 1
ch 219 SLA 1970; am � 13 ch 207 SLA 1975; am � 21 ch 63 SLA 1983)

Effect of amendments. - The 1983 "office of management and budget" for
amendment, effective July 15, 1983, "division of policy development and
repealed a former definition of "division." planning", added the definition of "office,"
in the definition of "director" substituted and ordered the definitions alphabetically.

Article 13. Alaska Coastal Policy Council.

Section Section
155. Alaska Coastal Policy Council 161. Duties of the council
160. Powers of the council 162. Council staff

� 44.19.155 STATE GovERNMENT � 44.19.155

Sec. 44.19.155. Alaska Coastal Policy Council. (a) There is cre-
ated in the Office of the Governor the Alaska Coastal Policy Council.
The council consists of the following:
(1) nine public members appointed by the governor from a list Public Members
comprised of at least three names from each region, nominated by the
municipalities of each region; the nominees shall be the mayor or
member of the assembly or council of a municipality; one public mem-
ber shall be appointed from each of the following general regions:
(A) northwest Alaska, including, generally, the area of the North
Slope Borough and the Northwest Arctic regional educational atten-
dance area;
(B) Bering Straits, including, generally, the area of the Bering
Straits regional educational attendance area;
(C) southwest Alaska, including, generally, the area within the
Lower Yukon, Lower Kuskokwim, Southwest, and Lake-Peninsula
regional educational attendance areas and the Bristol Bay Borough;
(D) Kodiak-Aleutians, including the area of the Kodiak Island Bor-
ough and the Aleutian, Adak and Pribilof regional educational atten-
dance areas;
(E) Upper Cook Inlet, including the Municipality of Anchorage and
the Matanuska-Susitna Borough;
(F) Lower Cook Inlet, including, generally, the area within the
Kenai Peninsula Borough;
(G) Prince William Sound, including, generally, the area east of the
Kenai Peninsula Borough to 141* W. longitude;
(H) northern Southeast Alaska, including the area southeast of 141*
W. longitude and north of 57* N. latitude, including the entirety of the
City and Borough of Sitka; and
(1) southern Southeast Alaska, including that portion of
southeastern Alaska not contained within the area described in (H) of
this paragraph;
(2) each of the following:
(A) the director of the office of management and budget; State Members
(B) the commissioner of the Department of Commerce and Economic
Development;
(C) the commissioner of the Department of Community and
Regional Affairs;
(D) the commissioner of the Department of Environmental Conser-
vation;
(E) the commissioner of the Department of Fish and Game;
(F) the commissioner of the Department of Natural Resources; and
(G) the commissioner of the Department of Transportation and Pub-
lic Facilities.
(b) Each public member appointed by the governor under (a)(1) of Term of Office
this section serves a term of two years and until his successor is
appointed and qualified, except that the term of office of a public mem-

44.19.155 ALAsKA STATUTES SUPPLEMENT � 44.19.155

ber first appointed under (a)(1)(A), (a)(1)(C), (a)(1)(E) and (a)(1)(G) of
this section shall be one year. A public member may be reappointed.
(c) The council shall designate co-chairmen, one of whom shall be
selected from among the public members appointed under (a)(1) of this
section and one from among the members designated in (a)(2) of this
section.
(d) Each member of the council shall select one person to serve as a
permanent alternate at meetings of the council. If a member of the
Alternates council is unable to attend, the member shall advise the alternate who
may attend and act in the place of the member. The alternate f6r- a
public member appointed after July 9, 1978 under (a)(1) of this section
shall, at the time of the alternate's designation and throughout the
period of service as a permanent alternate, be the mayor or member of
the assembly or council of a municipality within the region from which
the permanent member is appointed. The alternate for the director of
the office of management and budget, serving under (a)(2)(A) of this
section, shall be the director's designee within that office. The alter-
nate for a designated member serving under (a)(2)(B) - (G) of this
section shall be a deputy commissioner of the department or the direc-
tor of a division in the department. The names of alternates shall be
filed with the council.
(e) Four public members and three designated members of the coun-
Quorum cil constitute a quorum, but one or more of the members designated by
the council may hold hearings. All decisions of the council shall be by
a majority vote of the members present and voting.
(f) Members of the council or their alternates are entitled to per them
and travel expenses authorized by law for members of boards and
commissions.
(g) If an incumbent public member ceases to meet the qualifications
prescribed in (a)(1) of this section for nomination to the council or if a
vacancy exists among the public members for any other reason except
for a vacancy due to the expiration of the term of a public member, the
Appointment of governor shall, within 30 days of the establishment of the vacancy by
Unexpired Terms lack of qualification or other reason, make an appointment, to be
immediately effective, for the unexpired portion of the term. An
appointment by the governor made under this subsection to fill an
unexpired term of a public member shall comply with the requirements
of (a)(1) of this section; however, the governor may appoint from
qualified persons without soliciting from municipalities nominations of
persons to rill the unexpired portion of the term. (� 3 ch 84 SLA 1977;
am Executive Order No. 39, � 11 (1977); am �� 4, 5 ch 129 SLA 1978;
am H 22, 23 ch 63 SLA 1983)

Effect of amendments. - The 1977 The 1983 amendment, effective July 15,
amendment substituted "Department of 1983, in (a)(2)(A) substituted "office of
Transportation and Public Facilities" for management and budget" for "division of
"Department of Public Works" in (a)(2)(G). policy development and planning", and in
subsection (d) added the sentence
beginning "The alternate for the director"
and made other minor word changes.

Sec. 44.19.160. Powers of the council. The council may
(1) apply for and accept grants, contributions, and appropriations,
including application for and acceptance of federal funds which may
become available for coastal planning and management;
(2) contract for necessary services;
(3) consult and cooperate with
(A) persons, organizations, and groups, public or private, interested
in, affected by, or concerned with coastal area planning and
rosinagement;
(B) agents and officials of the coastal resource districts of the state,
and federal and state agencies concerned with or having jurisdiction
over coastal planning and management;
(4) take any reasonable action necessary to carry out the provisions
of AS 44.19.155 - 44.19.162. (� 3 ch 84 SLA 1977)

See. 44.19.161. Duties of the council. In conformity with the
Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451 et
seq.), the council shall
(1) through the public hearing process and the recording of the
minutes of the hearings, develop guidelines and standards for the pre-
paration of, and approve, in accordance with AS 46.40, the Alaska
coastal management program;
(2) establish continuing coordination among state agencies to facili-
tate the development and implementation of the Alaska coastal
management program; in carrying out its duties under this paragraph,
the council shall initiate an interagency program of comprehensive
coastal resource planning for each georgraphic region described in AS
44.19.155(a)(1);
(3) assure continued provision of data and information to coastal
resource districts to carry out their planning and management
functions under the program;
(4) submit annually to the legislature, no later than the 10th day of
each regular session, the portion of the coastal management program
approved or amended by the council during the preceding year. (� 3 ch
84 SLA 1977)

Sec. 44-19.162. Council staff. The council shall use the staff of the
office of coastal management within the office of management and
budget in discharging its powers and duties. The coordinator of the
office of coastal management, under the direction of the council
co-chair who is selected from among the members designated in AS
44.19.155WO, may contract with or employ personnel or consultants
the coordinator considers necessary to carry out the powers and duties
of the council. (� 3 ch 84 SLA 1977; am � 24 ch 63 SLA 1983)

Effect of amendments. - The 1983 policy development and planning," and in
amendment, effective July 15, 1983, in the the secnnd sentence substituted "of coastal
first sentence substituted "use" for "uti- management ... in AS 44.19.155(a)(2)" for
lize" and substituted 11 office of ", with the concurrence of the council" and
management and budget" for "division of substituted "the coordinator" for "he."

Title 46

Chapter 40. The Alaska Coastal Management
Program.
Article
1. Development of Alaska Coastal Management Program (H 46.40.010 - 46.40.100)
2. Coastal Management Programs in the Unorganized Borough (H 46.40.110 -
. 46.40.180)
3. General Provisions (H 46.40.190 - 46.40.210)

Opinions of attorney general. - The While federal land use decisions will not
activities of lessees, permittees and other be governed or controlled by the state's
private persons on nonexclusive federal coastal management program. they must.
coastal lands remain subject to state to the degree that they directly affect
regulatory authority - including the nonfederal coastal resources. conform to
coastal management program - unless the state program to the maximum extent
the particular state regulation is practicable. February 3. 1978. Op. Att'y
preempted by, irreconcilably conflicts with Gen.
or ftwtrates the purpose of another
federal law. February 3, 1978, Op. Att'y
Gen.

Article 1. Development of Alaska Coastal Management
Program.
Section Section
10. Development of Alaska coastal man- 60. Review and approval by council
agement program 70. Standards for council review and
20. Objectives approval
30. Development of district coastal man- 80. Effective date of Alaska coastal man-
agement programs agement program
40. Duties of the Alaska Coastal Policy 90. Implementation of district coastal
Council management programs
50. Action and submission by coastal 100. Compliance and enforcement
resource districts

Collateral references. - 78 Am. Jur. 65 C.J.S.. Navigable Waters. �4' 10-18,
2d, Waters, H 59-116. 375-438. 20-132. 93 C.J.S.. Waters, @@ 71-85.

See. 46.40.010. Development of Alaska coastal management
program. (a) The Alaska Coastal Policy Council established in AS
44.19.155 shall approve, in accordance with this chapter, the Alaska
coastal management program.
(b) The council may approve the Alaska coastal management pro-
gram for a portion or portions of the coastal area before approving the
complete program under (a) of this section. Portions of the program
approved under this subsection shall be incorporated into the Alaska
coastal management program.
(c) The Alaska coastal management program shall be reviewed by
the council and, when appropriate, revised to
(1) add newly approved district coastal management programs, or
revisions and amendments to the Alaska coastal management pro-
gram;
(2) integrate newly approved district coastal management pro-
grams, or revisions and amendments of district coastal management
programs, with existing approved programs and with plans developed
by state agencies;
(3) add new or revised state statutes, policies, regulations or other
appropriate material;
(4) review the effectiveness of implementation of district coastal
management programs; and
(5) consider new information acquired by the state and coastal
resource districts.
(d) All reviews and revisions shall be in accordance with the
guidelines and standards adopted by the council under AS 46.40.040.
(� 4 ch 84 SLA 1977)

Revisoes notesL @ AS 44.19.155 was local coastal zone ordinances from
substituted for AS 44.19.891 in subsection affecting any measure of control. In the
(a) to conform to the renumbering of that case of the latter. local coastal man-
section by the revisor of statutes pursuant agement programs which are approved by
to AS 01.05.031. the Alaska Coastal Policy Council and
Opinions of attorney general. - Th thus part of the Alaska Coastal Man.
doctrine of federal preemption, derivz agement Program will become one of the
from the supremacy clause of the United touchstones in the state consistency deter-
States Constitution, Article VI, clause 2. mination required by section 307(c)(3) of
would not apply to state regulation of the Coastal Zone Management Act, 16
outer continental shelf activities in the U.S.C. A 1451 et seq. May 12, 1980, Op.
coastal zone. May 12. 1980, Op. Att'y Gen. Atty Gen.
A municipality enacting a local district
Reasonable restrictions on oil and gas coastal management program may restrict
activities embodied in a local coastal man. or exclude a use of state concern without
agement plan, incorporated into the falling afoul of .he constitutional limi-
Alaska Coastal Management Program, tations in Alaska Const.. art. X. � 11 on
would be enforceable against off-shore the exercise of municipal authority if that
federal iessees. May 12, 1980, Op. Att, y restriction or excl@@ion is reasonable,
Gen. within the meaning of AS 46.40-070(c).
Municipal authority to regulate oil *ad May.12.1980. 0@- Attly Gen.
gas activities of federal lessees depends The Alaska Oil and Gas Conservation
upon whether the lea are on-shore or Act, AS 31.05.00,'; et 9eq.. which mandates
off-shore. In the case of the former. the doc- the conservation of oil and gas and
trine of federal preemption may prohibit prohibits their wa@te. would not be contra-
vened by a local coastal management plan
which comports with the Alaska Coastal
Management Program. May 12,1980, Op.
Att'y Gen.

Sec. 46.40.020. Objectives. The Alaska coastal management pro-
gram shall be consistent with the following objectives:
(1) the use, management, restoration and enhancement of the
overall quality of the coastal environment;
(2) the development of industrial or commercial enterprises which
are consistent with the social, cultural, historic, economic and envi-
ronmental interests of the people of the state-,
(3) the orderly, balanced utilization and protection of the resources
of the coastal area consistent with sound conservation and sustained
yield principles;
(4) the management of coastal land and water uses in such a manner
that, generally, those uses which are economically or physically depen-
dent on a coastal location are given higher priority when compared to
uses which do not economically or physically require a coastal location;
(5) the protection and management of significant historic, cultural,
natural and aesthetic values and natural systems or processes within
the coastal area;
(6) the prevention of damage to or degradation of land and water
reserved for their natural values as a result of inconsistent land or
water usages adjacent to that land;
(7) the recognition of the need for a continuing supply of energy to
meet the requirements of the state and the contribution of a share of
the state's resources to meet national energy needs, and
(8) the full-and fair evaluation of all demands on the land and water
in the coastal area. 0 4 ch 84 SLA 1977)

Stated in Hammond v. North Slope
Borough, Sup. Ct. Op. No. 2499 (File No.
5550, 5558), W P.2d 750 (1982).

See. 46.40.030. Development of district coastal management
programs. Coastal resource districts shall develop and adopt district
coastal management programs in accordance with the provisions of
this chapter. The program adopted by a coastal resource district shall
be based upon a municipality's existing comprehensive plan or a new
comprehensive resource use plan or comprehensive statement of needs,
policies, objectives and standards governing the use of resources within
the coastal area of the district. The program shall be consistent with
the guidelines and standards adopted by the council under AS
46.40.040 and shall include:
(1) a delineation within the district of the boundaries of the coastal
area subject to the district coastal management program;
(2) a statement, list, or definition of the land and water uses and
activities subject to the district coastal management program;
(3) a statement of policies to be applied to the land and water uses
subject to the district coastal management program;

(4) regulations, as appropriate, to be applied to the land and water
uses subject to the district coastal management program;
(5) a description of the uses and activities which will be considered
proper and the uses and activities which will be considered improper
with respect to the land and water within the coastal area;
(6) a summary or statement of the policies which will be applied and
the procedures which will be used to determine whether specific
proposals for land or water uses or activities shall be allowed; and
(7) a designation of, and the policies which will be applied to the use
of, areas within the coastal resource district which merit special
attention. (� 4 ch 84 SLA 1977)
Opinions of attorney general -- The adoption of regulations since differing pol-
adoption of format practices regulations by icy in the
the Department of Natural Resources in Format Practices Act the Coastal
11 AAC 95 has completely the Management Act and proposed permit
coastal policy council's regulations AAC reform regulations will be served to a
80.100 in regulating timber harvest and greater or lesser extent by
in the coastal areas. April 20, responsibility for interpreting and
1981. Op. Att'y Gen. applying the format practices regulations to
The allocation of responsiblity for more thatn one agency and a parue
administration of the format practices regu- ular result in and compelled under the var-
lations in coastal management ious of authorizing
determinations is sufficently unclear that April 20, 1981. Op. Att'y Gen.
it seems appropriate for by the

Stated in Hammond v. North Slope
Borough, Sup. Ct. Op. No. 2499 (File No.
5550, 5558), 645 P.2d 750 (1982).

Sec. 46.40.040. Duties of the Alaska Coastal Policy Council.
Through the public hearing process and the recording of the minutes
of the hearings, the Alaska Coastal Policy Council shall
(1) by regulation, adopt under the provisions of the Administrative
Procedure Act (AS 44.62) not later than April 15, 1978, for the use of
and application by coastal resource districts and state agencies for
carrying out their responsibilities under this chapter; guidelines and
standards for
(A) identifying the boundaries of the coastal area subject to the
district coastal management program;
(B) determining the land and water uses and activities subject to the
district coastal management program;
(C) developing policies applicable to the land and water uses subject
to the district coastal management program;
(D) developing regulations applicable to the land and water uses
subject to the district coastal management program;
(E) developing policies and procedures to determine whether specific
proposals for the land and water uses or activities subject to the district
coastal management program shall be allowed;
(F) designating and developing policies for the use of areas of the
coast which merit special attention; and
(G) measuring the progress of a coastal resource district in meeting
its responsibilities under this chapter;
(2) develop and maintain a program of technical and financial assis-
tance to aid coastal resource districts in the development and imple-
mentation of district coastal management programs;
(3) undertake review and approval of district coastal management
programs in accordance with this chapter-,
(4) initiate a process for identifying and managing uses of state
concern within specific areas of the coast;
(5) develop procedures or guidelines for consultation and
coordination with federal agencies managing land or conducting
activities potentially affecting the coastal area of the state. (� 4 ch 84
SLA 1977; am � 1 ch 129 SLA 1978)

Effect of amendments. - The 1978 Editor's notes. - The regulations
amendment substituted "not later than referred to in this section went into effect
April 15, 1978" for -within six months of on July 18, 1978 and may be found at 6
the effective date of this act" in the AAC 80 and 6 AAC 85.
introductory language of paragraph (1).

Sec. 46.40.050. Action and submission by coastal resource dis.
tricts. Each coastal resource district shall make substantial progress,
in the opinion of the council, toward completion of an approvable dis-
trict coastal management program and shall complete and submit to
the council for approval its program within 30 months of June 4, 1977
or within 30 months of certification of the results of the district's orga-
nization, whichever is later. If, in the opinion of the council, after
receipt of a written request for extension from the district which
includes the reasons for the extension, an extension is considered
proper, the council may grant an extension to a date which is not later
than December 4, 1981, or to a date which is within 54 months of
certification of the results of the district's organization, whichever is
later. A 4 ch 84 SLA 1977; am � 1 ch 66 SLA 1979)

Effect of amendments. - The 1979
amendment added the second sentence.

Sec. 46.40.060. Review and approval by council. (a) It upon
submission of a district coastal management program for approval, the
0 council finds that the program is substantially consistent with the
provisions of this chapter and the guidelines and standards adopted by
the council and does not arbitrarily or unreasonably restrict or exclude
uses of state concern, the council may grant summary approval of the
district coastal management program, or may approve portions of the
district program which are consistent.
(b) If the council finds that a district coastal management program
is not approvable or is approvable only in part under (a) of this section,
it shall direct that deficiencies in the program submitted by the coastal
resource district be mediated. In mediating the deficiencies, the council
may call for one or more public hearings in the district. The council
shall meet with officials of the coastal resource district in order to
resolve differences.
(c) If, after mediation, the differences have not been resolved to the
mutual agreement of the coastal resource district and the council, the
council shall call for a public hearing and shall resolve the differences
in accordance with the Administrative Procedure Act (AS 44.62). After
a public hearing held under this subsection, the council shall enter
findings and, by order, may require
(1) that the district coastal management program be amended to
make it consistent with the provisions of this chapter or the guidelines
and standards adopted by the council;

(2) that the district coastal management program be revised to
accommodate a use of state concern; or
(3) any other action be taken by the coastal resource district as
appropriate.
(d) The superior courts of the state have jurisdiction to enforce
orders of the council entered under (c) of this section. (� 4 ch 84 SLA
1977)

Opiniona of attorney general. - The cil disposition of the plan under 6 AAC
invalid provisions of AS 46.40.080 are 85.150 or AS 44.62.520. April 29,1980, Op.
severable from the remainder of the Atty Gen.
Coastal Management Act. Thus, council A municipality enacting a local district
guidelines take effect when adopted in coastal management program may restrict
accordance with the AI-in* trativeProce- or exclude a use of state concern without
dure Art, AS 44.62. The effective date of falling afoul of the constitutional- limi-
council action on district programs is tations in Alaska Coast.. art. X, � 11 on
governed by the council's regulations and the exercise of municipal authority if that
this section. April 29, 1980, Op. Atty Gen. restriction or exclusion in reasonable,
Council action on a district coastal man. within the meaning of AS 46.40.070(c).
agement plan takes effect upon final coun- May 12. 1980, Op. Atty Gen.

Sec. 46.40.070. Standards for council review and approval. (a)
The council shall approve a district coastal management program sub-
mitted for review and approval if the program is consistent with the
provisions of this chapter and the guidelines and standards adopted by
the council.
(b) Notwithstanding an inconsistency of a district coastal man-
agement program submitted for review and approval with the
guidelines and standards adopted, the council shall approve the pro-
gram .if it finds that
(1) strict adherence to the guidelines and standards adopted would
result in a violation of another state law or policy;
(2) strict adherence to the guidelines and standards adopted would
cause or probably cause substantial irreparable harm to another inter-
est or value in the coastal area of the district; or
(3) the inconsistency is of a technical nature and no substantial
harm would result to the policies and objectives of this chapter or the
Alaska coastal management program.
(c) In determining whether a restriction or exclusion of a use of state
concern is arbitrary or unreasonable, the council shall approve the
restriction or exclusion if it finds that
(1) -the coastal resource district has consulted with and considered
the views of appropriate federal, state or regional agencies;
(2) the district has based its restriction or exclusion on the availabil-
ity of reasonable alternative sites; and
(3) the district has based its restriction or exclusion on an analysis
showing that the proposed use is incompatible with the proposed site.
(d) A decision by the council under this section shall be given within
90 days. (� 4 ch 84 SLA 1977)

Opinions of artorney general. - or exclude a use of state concern without
Reading subsectior (b) as vesting local failing afoul of the constitutional limi-
officials with compiete control over policy tations in Alaska Const.. art. X. � 11 on
formulation would probably render the the exclusion of municipal authority if
Alaska Coastal Management Act that restriction or exclusion is reasonable,
unconstitutionAl urder Alaska Const.. am within the meaning of subsection (c). May
VM, � 2. May i2, 1980, Op. Att'y Gen. 12. 1980. Op. Atty Gen.
Reasonable restrictions on oil and gas The Alaska Oil and Gas Conservation
activities embodied in a local coastal man- Act, AS 31.05.005 et seq.. which mandates
agement plan, incorporated into the the conservation of oil and gas and
Alaska Coastal Management Program. prohibits their waste. would not be contra-
would be enforceable against off-shore vened by a local coastal management plan
federal lessees. May 12, 1980, Op. Att'y which comports with the Alaska Coastal
Gen. Management Program. May 12, 1980, Op.
A municipality enacting a local district Att'y Gen.
coastal management program may resuict

Sec. 46.40.080. Effective date of Alaska coastal management
program. The Alaska coastal management program adopted by the
council, and any additions, revisions, or amendments of the program,
take effect upon adoption of a concurrent resolution by a majority of the
members of each house of the legislature or by a vote of the majority
of the members of each house at the time the houses are convened in
joint session to confirm executive appointments submitted by the
governor. (� 4 ch 84 SLA 1977)

Opinions of attorney general. - The invalid provisions of section are
Under the decision in State v. A.LI.V.E. severable from the remainder of the
Voluntary, Sup. Ct. Op. No. 2022 (File No. Coastal Management Act. Thus. council
0 3670), 606 P.2d 769 (1980). that the use of guidelines take effect when adopted in
legislative resolutions as a veto Over regu- accordance with the Administrative Proce.
lations, programs or other actions or dure Act. AS 44.62. The effective date of
proposed actions is constitutionally council action on district programs is
impermissible except as expressly pro* governed by the council's regulations. and
vided by the constitution. this section in AS 46.40.060. April 29, 1980, Op. Att'y
invalid. March 6,1980, Op. Att'y Gen. Gen.
Council action on a district coastal man-
agement plan takes effect upon final coun-
cil disposition of the plan under 6 AAC
85.150 or AS 44.62.520. April 29, 1980, Op.
AtVy Gen.

Sec. 46.40.090. Implementation of district coastal mana.
gement programs. (a) A district coastal management program
approved by the council and the legislature for a coastal resource dis-
trict which does not have and exercise zoning or other controls on the
use of resources within the coastal area shall be implemented by appro-
priate state agencies. Implementation shall be in accordance with the
comprehensive use plan or the statement of needs, policies, objectives
and standards adopted by the district.
(b) A coastal resource district which has and exercises zoning or
other controls on the use of resources within the coastal area shall
implement its district coastal management program. Implementation

shall be in accordance with the comprehensive use plan or the
statement of needs, policies, objectives and standards adopted b, the
district. (� 4 ch 84 SLA 1977)
Sec. 46.40.100. Compliance and enforcement. (a) Mumcipalities
and state agencies shall administer land and water use regulations or
controls in conformity with district coastal management programs
approved by the council and the legislature and in effect.
(b) On petition of a coastal resource district, a citizen of the district,
or a state agency, showing that a district coastal management program Appen
is not being implemented, enforced or complied with, the council shall
convene a public hearing to consider the matter. A hearing called
under this subsection shall be held in accordance with the Administra-
tive Procedure Act (AS 44.62). After hearing, the council may order
that the coastal resource district or state agency take any action which
the council considers necessary to implement, enforce or comply with
the district coastal management program.
(c) In determining whether an approved district coastal man-
agement program is being implemented, enforced or complied with by
a coastal resource district which exercises zoning authority or controls
on the use of resources within the coastal area, the council shall find
in favor of the district if
(1) zoning or other regulations have been adopted and are being
enforced;
(2) variances are being granted according to procedures and criteria
which are elements of the district coastal management program, or the
variance is otherwise approved by the council; and
(3) procedures and standards adopted by the coastal resource district
as required by this chapter or by the guidelines and standards adopted
by the council and subsequently approved by the legislature have been
followed and considered.
(d) In determining whether a state agency is complying with a dis-
trict coastal management program with respect to its exercise of regu-
lation or control of the resources within the coastal area, the council
shall find in favor of the agency if
(1) the use or activity for which the permit, license or approval is
granted is consistent with the district coastal management progr-am
and regulations adopted under it; and
(2) the use or activity for which the permit, license or approval is
granted is consistent with requirements imposed by state statute, regu-
lation, or local ordinance applicable to the use or activity.
(e) The superior courts of the state have jurisdiction to enforce
lawful orders of the council. (� 4 ch 84 SLA 1977)

Opinions of attorney general. - As to grams, 3ee notes under this heading
effective date of coastal management pro- following AS 46.40.080.

Article 2. Coastal Management Programs in the Unorganized
Borough.
Section Section
110. Authority in the unorganized bor- 160. Organization at the direction of the
ough council
120. Coastal resource service areas 170. Preparation of district coastal man-
130. Organization of coasW resource ser- agement program by the Depart-
vice area ment of Community and Regional
140. Coastal resource service area boards Affairs
150. Elections in coastal resource service 180. Approval of programs in coastal
Area resource service areas

Collateral references. - 78 Am. Jur. 65 U.S.. Navigable Waters, 4� 10-18,
2d, Waters, H 59-116, 375-438. 20-132.93 U.S., Waters. H 71-85.

Sec. 46.40.110. Authority in the unorganized borough. Under
AS 29.03.020 and 46.40.110 - 46.40.180, the legislature authorizes
organization of coastal resource service areas in the unorganized bor-
ough and grants authority to the service areas which may be organized
to perform the duties required under this chapter. (� 4 ch 84 SLA 1977)

See. 46.40.120. Coastal resource service areas. (a) Except as
otherwise provided in this section, each.regional educational atten-
dance area established under AS 14.08.031 containing a part of the
coastal area may be organized as a coastal resource service area.
(b) The commi ioner of the Department of Community and
Consolidation of Regional Affairs may, after public hearings held in the area affected,
REAA!s consolidate two or more regional educational attendance areas as a
single coastal resource service area
(1) if a substantial portion of the coastal area contains land and
water area owned by the federal government over which it exercises
exclusive jurisdiction or land held in trust by the federal government
for Alaska Natives over which the state would not exercise control as
to use; or
(2) if, after giving due consideration to the standards applicable to
incorporation of borough governments and the likelihood that a bor-
ough will be incorporated within the area, the commissioner deter-
mines that the functio'ns to be Oerformed under this chapter could be
undertaken more efficiently through the combination of two or more
regional educational attendance areas as a single coastal resource ser-
vice area.
(c) A determination under (b) of this section shall be made before
organization of the coastal resource service area.
(d) For purposes of coastal zone management only, the commissioner
Division of REAA's of the Department of Community and Regional Affairs may, after pub-

lic hearings held in the regional educational attendance area affected,
divide an existing regional educational attendance area into no more
than three coastal resource service areas according to geographic,
cultural, economic, environmental, or other features relevant to
coastal management planning. However
(1) each coastal resource service area formed by dividing an existing
regional educational attendance area must contain at least one first
class city or home rule city;
(2) a city within a coastal resource service area formed by dividing
an existing regional educational attendance area may not elect to
exclude itself from the coastal resource service area; and
(3) a coastal resource service area formed before June 1, 1980 may
not be divided for coastal management planning purposes.
Q 4 ch 84 SLA 1977; am � 2 ch 129 SLA 1978; am H 1, 2 ch 48 SLA
1980)

Effect of amendments. - The 1978 The 1980 amendment inserted
amendment deleted "and no laiter than six "otherwise" and deleted "(b) of" following
months from the effective date of thi3act" "provided in" in subsection (a), and added
from the end of subsection (c). subsection (d).

Sec. 46.40.130. Organization of coastal resource 4ervice area.
(a) Organization of a coastal resource service area may be initiated
(1) by submission to the council of a petition signed by a number of
registered voters equal to 15 percent of the number of votes cast within
the coastal resource service area at the last state general election;
(2) by submission to the council of a resolution approved by the city
council or traditional village council of not less than 25 percent of the
number of cities and villages within the coastal service area; or
(3) at the direction of a majority of the members of the council in the
manner set out in AS 46.40.160.
(b) Acting at the request of the council, the lieutenant governor, not
less than 60 nor more than 90 days after receipt of a proper petition
under (a)(1) of this section, a proper resolution under (a)(2) of this
section, or at the direction of the council under (a)(3) of this section,
shall conduct an election on the question of organization of a coastal
resource service area. (� 4 ch 84 SLA 1977)

Revisor's notes. - The word "by" was introductory language of that subsection
added preceding "submission" in para- by the revisor of statutes under AS
graphs (1) and (2) of subsection (a) and 01-05.031.
deleted following "may be initiated" in the

S". 46.40.140. Coastal resource service area boards. (a) Each
coastal resource service area, upon organization, shall have an elected
board representing the population of the service area. The board shall
have the powers and duties and perform the functions prescribed for or
required of coastal resource districts.

(b) A coastal resource service area board shall contain seven mem-
bers. Board members shall be elected at large by the qualified voters
of the coastal resource service area.
(c) The commissioner of the Department of Community and
Regfonal Affairs, after consultation with residents of a coastal resource
service area, may divide a service area into sections only for the
Sectional CRSA purpose of nominating and electing board members. Division of a ser-
Elections vice area into sections for the purpose of nomination and election shall
be in accordance with the provisions of AS 14.08.051(a). Division may
be proposed in the petition submitted under AS 46.40.130(a)(1), in the
resolution submitted under AS 46.40.130(a)(2), at the direction of the
council under AS 46.40.130(a)(3), or may be proposed at any time by
the members of the coastal resource service area board. If proposed by
the board, the division of the service area into sections is subject to
approval of a majority of the qualified voters voting on the question in
the coastal resource service area at the next regular election or at a
special election called for that purpose and, if approved, takes effect at
the next regular election of members of the coastal resource service
area board.
(d) The term of office of a member of a coastal resource service area
board is three years, except that the terms of the members of the first
Term of Office board elected after organization of a coastal resource service area shall
be determined by lot, with two members serving one-year terms, two
members serving two-year terms, and three members serving
three-year terms. Members serve until their successors are elected and
have qualified. Nothing in this section prohibits the reelection of a
board member.
(e) The lieutenant governor shall provide for the election of the
members of coastal resource service area boards. The first election of
board members shall occur not less than 60 nor more than 90 days after
certification of the results of an organization election under AS
46.40.130(b) in which a majority of votes cast favors organization of the
coastal resource service area.
(f) Except for the first election of members of coastal resource service
area boards, elections shall be held annually on the date of election of
members of regional educational attendance area boards under AS
14.08.071(b).
(g) A vacancy on a coastal resource service area board shall be filled
by appointment as provided in AS 14.08.041(a) for vacancies in the
membership of regional educational attendance area boards.
(h) Members of coastal resource service area boards are subject to
recall on the same grounds and in the same manner as provided for
recall of municipal officials in AS 29.28.130 - 29.28.250. The
lieutenant governor functions in place of the assembly or council and
municipal clerk for receipt and review of recall petitions and the con-
duct of recall elections. (� 4 ch 84 SLA 1977)

See. 46.40.150. Elections in coastal resource service areas.
Organizat, on elections under AS 46.40.130 and other elections, includ-
ing recall elections conducted under AS 46.40.140, shall be adminis-
tered by the lieutenant governor in the general manner provided in the
Alaska Elzxtion Code (AS 15). In addition, the lieutenant governor
may adopt regulations necessary to the conduct of coastal resource
service area board elections. The state shall pay all election costs. (� 4
ch 84 SLA 1977)

Editor's notes. - The director of elec- istrative duties of the lieutenant governor
tions has succeeded to most of the admin- under AS 15.10.105.

Sec. 46.40.160. Organization at the direction of the council. (a)
Whenever it appears that major economic development activity will
occur in a coastal resource service area or in waters adjacent to a
coastal resource service area which has not been organized, the council
may direct the lieutenant governor to submit to the voters of the ser.
vice area the question of organization. The council may require an
election on the question only after holding at least one public hearing
within the area proposed for organization.
(b) For purposes of this section, "major economic development
activity" includes a call for nomination by the Secretary of the United
States Department of the Interior for leasing of tracts within petroleum
basins in waters of the outer continental shelf adjacent to the coastal
resource service area or any other significant industrial or commercial
activity which, in the opinion of the council, would commit the
resources of the coastal area to a use of direct and significant impact
uport the coastal waters of the state. (� 4 ch 84 SLA 1977)
Sec. 46.40.170. Preparation of district coastal management
program by the Department of Community and Regional Affairs.
(a) If residents of a coastal resource service area reject organization of
the service area at an election called for the purpose and the council
finds, after public hearing, that major economic development activity
has occurred or will occur within the service area, the council may
direct the Department of Community and Regional Affairs to prepare
and recommend for consideration by the council and for submission to
the legislature a district coastal management program for the service
area.
(b) At the request of the council, the Department of Community and
Regional Affairs shall complete the district coastal management pro-
gram in accordance with this chapter and the guidelines and standards
adopted by the council for a coastal resource service area which has
been organized but which has failed to make substantial progress in
the preparation of an approvable district coastal management program
within 18 months of certification of the results of an organization
election or which has not submitted for approval to the council a pro.

gram within 30 months of certification of the results of its organization
election. Preparation of the program shall be conducted in cor-su::tation
with the coastal resource service area and shall, to the maximum
extent consistent with this chapter, reflect the expressed conec-rns of
the residents of the service area.
(c) Before requesting the department to complete the district coastal
management program under (b) of this section, the council shall meet
with the members of the coastal resource service area board to deter-
mine whether the board is able to complete a, district coastai man-
agement program within the time limitations established in this
section. (� 4 ch 84 SLA 1977)
Sec. 46 '40.180. Approval of programs in coastal resource ser-
vice areas. (a) Before adoption by a coastal resource service area
board, or by the Department of Community and Regional Affairs under
AS 46.40.170, a district coastal management program shall be sub-
mitted for review to each city or village within the coastal resource
service area. The council of a city or traditional village council shall
consider the program submitted for review. Within 60 days of
submission, the council of a city or traditional village council shall
either approve the program or enter objections to all or any portion of
the program.
(b) If a city or village within a coastal resource service area fails to
approve a portion of the district coastal management program prepared
Tage Veto and submitted for approval under (a) of this section, the governing body
shall advise the coastal resource service ar ea board or the department,
as applicable, of its objections to the proposed program and suggest
alternative elements or components for inclusion in the district coastal
management program. New matter submitted by a city or village
which is substantially consistent with the guidelines and standards
adopted by the council shall be accepted and the district coastal man-
agement program modified accordingly. If a city or village fails to
provide objections and suggested alternatives within the time limits
established in this section, the coastal resource service area board or
the department, as applicable, may adopt the district coastal man-
agement program as initially offered.
(c) Objection by a city council under (b) of this section is limited to
objection to elements of the program affecting resources or the use of
resources within the corporate limits of the city. Objection by a
traditional village council under (b) of this section is limited to objec-
tion to elements of the program affecting resources or the use of
resources within the village or within two miles of the village.
(d) For purposes of this section, "village" means an unincorporated
community where at least 25 persons reside as a social unit as deter-
mined by the Department of Community and Regional Affairs. (� 4 ch
84 SLA 1977)

Article 3. General Provisions.

Section
190. Cooperative administration
200. State agencies
210. Dtfinitions

Collateral references. - 78 Am. Jur. 65 CJ.S., Navigable Waters. H 10-18,
2d, Waters, ff 59-116, 375-438. 20-132; 93 C.J.S., Waters, �� 71-M.

Sec. 46.40.190. Cooperative administration. (a) A city within the
coastal area which is not part of a coastal resource service area shall
be included for purposes of this chapter within an adjacent coastal
resource service area unless its governing body, by resolution adopted
by a majority of its membership, chooses to exclude the city from an
adjacent coastal resource service area and a copy of the resolution is
filed with the commissioner of the Department of Community and
Regional Affairs.
(b) Nothing in this chapter restricts or prohibits cooperative or joint
administration of functions between a municipality and a coastal
resource service area organized under the provisions of this chapter
upon initiation of a mutual agreement for the purpose. A city which
elects to be excluded from an adjacent coastal resource service area
under (a) of this section shall enter into a mutual agreement for
cooperative or joint administration of functions with the coastal
resource service area board from the adjacent coastal resource service
area. (� 4 ch 84 SLA 1977; am � 3 ch 48 SLA 1980)

Effect of amendments. - The 1980 "consents to the inclusion or, inserted
amendment. substituted "a" for "an adja- "from an adjacent coastal resource service
cent" preceding "coastal resource", "shall area", all in subsection (a); and added the
be included" for "may include itself", second sentence of subsection (b).
.unless" for "if", "chooses to exclude" for

See. 46.40-200. State agencies. Upon the adoption of the Alaska
coastal management program, state departments, boards and commis-
sions shall review their statutory authority, administrative regu-
lations, and applicable procedures pertaining to land and water uses
within the coastal area for the purpose of determining whether there
are any deficiencies or inconsistencies which prohibit compliance with
the program adopted. State agencies shall, within six months of the
effective date of the Alaska coastal management program, take
whatever action is necessary to facilitate full compliance with and
implementation of the program, including preparation and submission
of recommendations to the council for additional or amended legisla-
tion. (� 4 ch 84 SLA 1977)

See. 46.40.210. Definitions. In this chapter, unless the context
otherwise requires,
(1 @ "area which merits special attention" means a delineated geo-
graphic area within the coastal area which is sensitive to change or
alteration and which, because of plans or commitments or because a
claim on the resources within the area delineated would preclude sub-
sequent use of the resources to a conflicting or incompatible use,
warrants special management attention, or which, because of its value
to the general public, should be identified for current or future
planning, protection, or acquisition; these areas, subject to council defi-
nition of criteria for their identification, include:
(A) areas of unique, scarce, fragile or vulnerable natural habitat,
cultural value, historical significance, or scenic importance;
(B) areas of high natural productivity or essential habitat for living
resources;
(C) areas of substantial recreational value or opportunity;
(D) areas where development of facilities is dependent upon the
utilization of, or access to, coastal waters;
(E) areas of unique geologic or topographic significance which are
susceptible to industrial or commercial development;
(F) areas of significant hazard due to storms, slides, floods, erosion
or settlement; and
(G) areas needed to protect, maintain. or replenish coastal land or
resources, including coastal flood plains, aquifer recharge areas,
beaches and offshore sand deposits;
(2) "coastal resource district" means each of the following which
contains a portion of the coastal area of the state:
(A) unified municipalities established under AS 29.68.240 -
29.68.440;
(B) organized boroughs of any class which exercise planning and
zoning authority;
(C) home rule and first class cities of the unorganized borough or
within boroughs which do not exercise planning and zoning authority;
(D) second class cities of the unorganized borough, or within bor-
oughs which do not exercise planning and zoning authority, which
have established a planning commission, and which, in the opinion of
the commissioner of the Department of Community and Regional
Affairs, have the capability of preparing and implementing a compre-
hensive district coastal management program under AS 46.40.030;
(E) coastal resource service areas established and organized under
AS 29.03.020 and 46.40.110 - 46.40.180;
(3) "council" means the Alaska Coastal Policy Council;
(4) "department" means t6 Department of Community and
Regional Affairs;
(5) "use of direct and sigrdficant impact" means a use, or an activity
associated with the use, which proximately contributes to a material

change or alteration in the natural or social characteristics of a part of
the state's coastal area and in which
(A) the use, or activity associated with it, would have a net adverse
effect on the quality of the resources of the coastal area;
(B) the use, or activity associated with it, would limit the range of
alternative uses of the resources of the coastal area; or
(C) the use would, of itself, constitute a tolerable change or alter-
ation of the resources within the coastal area but which, cumulatively,
would have an adverse effect;
(6) "uses of state concern" means those land and water uses which
would significantly affect the long-term public interest; these uses,
subject to council definition of their extent, include:
(A) uses of national interest, including the use of resources for the
siting of ports and major facilities which contribute to meeting national
energy needs, construction and maintenance of navigational facilities
and systems, resource development of federal land, and national
defense and related security facilities that are dependent upon coastal
locations;
(B) uses of more than local concern, including those land and water
uses which confer significant enviro=ental, social, cultural, or eco-
nomic benefits or burdens beyond a single coastal resource district;
(C) the siting of major energy facilities, activities pursuant to a state
oil and gas lease, or large-scale industrial or commercial development
activities which are dependent on a coastal location and which, because
of their magnitude or the magnitude of their effect ori the economy of
the state or the surrounding area, are reasonably likely to presert
issues of more than local significance;
(D) facilities serving statewide or interregional transportation and
communication needs; and
(E) uses in areas established as state parks or recreational areas
under AS 41.21 or as state game refuges, game sanctuaries or critical
habitat areas under AS 16.20. (� 4 ch 84 SLA 1977; am � 3 ch 129 SLA
1978)

Effect of amendments. - The 1978 to a state oil and gas lease" in subpara-
amendment inserted "activities pursuant graph (C) of paragraph (6).
Revisor's notes. - Internal reference
in paragraph (6)(E) was revised in 1983.

S-763
71:8001

COASTAL ZONE MANAGEMENT ACT OF 1972

WL 92-583, 16 U.S.C. 1451 et seq., October 27. 1972; Amended by PL 93-612.
January 2, 1975; PL 94-370, July 26, 1976; PL 95-219, December 29, 1977; PL 95-372,
September 18, IM- PL %-464, October 17, 1"0; PL 98-620, November 11, 1984; PL
99-277, April 7. 1"6)

SHORT TITLE Lakes. territorial sea. and Outer Continental Shelf are
placing stress on these areas and are creating the need
SEC. 30 1. This title may be cited as the "Coastal Zone for resolution or serious conflicts among important and
Management Act of 1972". competing uses and values in coastal and ocean waters.
. CONGRESSIONAL FINDINGS (Former 302(11@--4i) redesignated as (g)--(j) by PL
SEC. 302. The Congress rinds that - 964641
(a) There is a national interest in the effective manage- (g) Special natural and scenic characteristics are being
ment. beneficial use, protection. and development of the damaged by ill-planned development that threatens these
coastal zone. values.
(b) The coastal zone is rich in a variety of natural. (h) In light of competing demands and the urgent need
commercial. recreational. ecological. industrial. and esthetic to protect and to give high priority to natural svstems in
resources of immediate and potential value to the present the coastal zone. present state and local institutional
and future well-being of the Nation. arran 'gements for planning and regulating land ancOwater
(c) The increasing and competing demands upon the uses in such areas arc inadequate.
lands and waters of our coastal zone occasioned by pop- (i) The key to more effective protection and use of the
ulation growth and economic development, including land and water resources of the coastal zone is to en-
requirements for industry, commerce, residential courage the states to exercise their full authority over the
development. recreation. extraction of mineral resources lands and waters in the coastal zone by assisting the
and fossil ru 'cls. transportation and navigation. waste dis- states. in cooperation with Federal and local
posal. and harvesting of fish. shellfish. and other living governments and other vitally uffected interests. in
marine- resources. have resulted in the loss of living developing land and water use programs for the coastal
marine resources. wildlife. nutrient-rich areas. perma- zone. including unified policies. criteria. standards.
nent and adverse changes to ecological systems. decreas- methods. and processes for dealing with land and water
ing open space for public use. and shoreline erosion. use decisions of' more than local significance.
(d) The coastal zone. and the fish. shellfish. other living 0) The national objective of attaining a grqater degree
marine resources. and wildlife therein. are ecologically of' energy self-sufficiency would he advanced by
fragile and consequently extremely vulnerable to destruc- providing Federal financial assistance to meet state and
tion by man*s alterations. local needs resulting from new or expanded energy activi-
(c) Important ecological. cultural, historic. and cs- ty in or ufl`ccting the coastal zone.
thctic values in the coastal zone which are ewntial to the
well-being of all citizens are being irretrievably damaged CONGRESSIONAL DECLARATION OF POLICY
or lost. SEC. 303. The Congress finds and declares that it is
@ [302(f) added by PL 964641 the national policy-
(f). New and expanding demands for food. energy, (1) to preserve.'protect, develop. and where possible.
minerals. defense needs, recreation, waste disposal, to restore or enhance. the resources of the Nation*s
transportation. and industrial activities in the Great coastal zone for this and succeeding generations:

Pa*WW tri THE WREAU OF NATIOMI. AIWARS. INC.. WasharVan. 0,C. 20037 33

71:8M FEDERAL LAWS

(2) to encourage and assist the states to exercise of life and property in hazardous areas. and improved
effectively their responsibilities in the coastal zone predictabilitv in governmental decisionmaking: and
through the development and implementation of manage- (4) to enc'ourage the participation and cooperation
ment programs to achieve wise use of the land and water of the public. state and local governments. and
resources of the coastal zone, giving full consideration to interstate and other regional agencies, as well as of the
ecological. cultural, historic. and esthetic values as well Federal agencies having programs affecting the coastal
as to needs for economic development, which programs zone. in carrying out the purposes of this title.
should at least provide for- (303 revised by PL 96-4641
(A) the protection of natural resources, including
wetlands, floodplains, estuaries, beaches. dunes, barrier
islands. coral reefs. and fish and wildlife and their DEFINITIONS
habitat. within the coastal zone. SEC. 304. For the purposes of this title -
(8) the management of coastal development to (1) The term "coastal zone- means thi coastal waters
minimize the loss of life and property caused by (including the lands therein and thereunder) and the adja-
improper development in flood-prone, storm surge. cent shorclands (including the waters therein and
geological hazard. and erosion-prone areas and in areas thereunder). strongly influenced by each other and in
of subsidence and saltwater intrusion. and by the proximity to the shorelines of the several coastal states.
destruction of natural protective features such as and includes islands. transitional and intertidal areas. salt
beaches. dunes. wetlands. and barrier islands. marshes. wetlands. and beaches. The zone extends. in
(C) priority consideration being given to coastal- Great Lakes waters. to the international boundar%
dependent uses and orderly processes for siting major between the United States and Canada and. in othe'r
facilities related to national defense. energy. fisheries areas. seaward to the outer limit or the United States
development. recreation. ports and transportation. and territorial sea. The zone extends inland from the
the location, to the maximum extent practicable, of new shorelines onlv to the extent necessary to control
commercial and industrial developments in or adjacent shorelands. the uses of which have a direct and significant
to areas where such development already exists, impact on the coastal waters. Excluded from the coastal
(D) public access to the coasts for recreation zone arc lands the use ol'which is bv law subject solely to
purposes. the discretion of* or which is held in trust b%, the Federal
(E) assistance in the redevelopment of deteriorating Government. its officers or agents.
urban waterfronts and ports. and sensitive preservation f304(2) added by PL 96-4641
and restoration of historic. cultural. and esthetic
coastal features. (2) The term "coastal resource of national significance---
(F) the coordination and simplification of procedures means any coastal wetland. beach, dunc. barrier island.
in order to ensure expedited governmental decision- reef, estuary. or fish and wildlife habitat. if any
making' for the management of coastal resources. such area is determ ned by a coastal state to be @f
(G) continued consultation and coordination with, substantial biological or natural storm protective value.
(Former 304(2)--(16) redesignated as (3)--(17) by
and the giving of adequate consideration to the views PL 96-4641
of. affected Federal agencies,
JH) the giving of timely and effective notification (3) The term "coastal waters" means (A) in the Great
or. and opportunities for public and local government Lakes area. the waters within the territorial jurisdiction
participation in. coastal management decisionmaking. of the United States consisting of the Great Lakes. their
and connecting waters. harbors. roadstcads. and estuary-type
(1) assistance to support comprehensive planning, areas such as buys. shallows. and marshes and (B) in
conservation. and management for living marine re- other areas. those waters. adjacent to the shorelines.
sources. including planning for the siting of pollution which contain a measurable quantity or percentage orsca
control and aquaculture facilities within the coastal zone, water. including. but not limitc@ to. sounds. bays.
and improved coordination between State and Federal lagoons. bayous. ponds. and estuaries.
coastal zone management agencies and State and (4) The term "coastal state" means a state of the
wildlife agencies; and United States in. or bordering on. the Atlantic. Pacific.
(3) to encourage the preparation of special area or Arctic Ocean. the Gulf of Mexico. Long Island Sound.
management plans which provkle for increased spedficity or one or more of the Great Lakes. For the purposes of
in protecting significant natural resources. reasonable this title. the term also includes Puerto Rico. the.Virgin
coastal-dependent economic growth, improved protection Islands. Guam. the Commonwealth of the Northern

Envsvnmwt ftpomw 34

-763
COASTAL ZONE ACT 71:8003

Mariana Islands. and the Trust Territories of the any island. transitional area. and upland in. adjoining or
Pacific Islands. and American Samoa. adjacent to such estuarv. and which constitute to the ex-
[304(4) amended by PL 96-464] tent feasible a natural unit. set aside to provide scientists
(5) The term -coastall energy activity" means any of and students the opportunity to examine over a period of
the following activities if. and to the extent that (A)the time the ecological relationships within the area.
conduct. support. or facilitation of such activity requires (9) The term "Fund" means the Coastal Energy Im.
and involves the siting. construction. expansion. or pact Fund established by section 308(h).
operation of any equipment or facility. and (B) any (10) The term "land use" means activities which are
technical requirement exists which. in the determination conducted in, or on the shorelands within. the coastal
of' the Secretary. necessitates that the siting. construc- zone. subject to the requirements outlined in section
tion. expansion. or operation of such equipment or facili- 307(g).
tv be carried out in. on in close proximity to. the coastal
zone of any coastal state: (11) The term "local government" means any political
(i) Any outer Continental Shelf energy activity. subdivision of' or any special entity created by. any
coastal state which (in whole or part) is located in. or ha's
(ii) Any transportation, conversion. treatment.
authority over. Such States Coastal Lone and which (A)
transfer. or storage of liquefied natural gas. has authority to lcvv taxes. or to establish and collect
(iii) Any transportation. transfer. or storage of Oil. user fees, or (B) provides any public facility or public ser-
natural gas. or coal (including. but not limited to. by
vice which is finunced in whole or part by taxes or user
means of any deep-water port as defined in section 3( 10) fees. The term includes. but is not limited'to. anv school
of the Deepwater Port Act of 1974 (33 U.S.C. 1502( 10)
For purposes of this paragraph. the siting. construc- district. fire district. transportation authority. and any
tion. expansion. or operation ofuny equipment or facilit other special purpose district or. authority.
(12) The term "management program" includes, but is
shall he 'in close proximity to the coastal zone of any not limited to. a comprehensive statement in words.
coastal state if such siting. construction. expansion or maps. illustrations. or other media of communication,
operation has. or is likely to have.a significant effect on prepared and adopted by the state in accordance with the
such coastal zone. provisions of this title. 'setting forth objectives. policies.
(6) The term "energy facilities" means any equipment Lind standard, to guide public and private uses of lands
or facility which is or will he used primarily - and waters in the coastal zone.
(A) in the exploration for. or the development. produc-
lion. conversion. storage. transfer. processing. or (13) The term -outer continental shelf energy activity"
transportation of. any energy resource: or means any exploration for. or any development or
(B) for the manufacture. production, or assembly of production of. oil or natural gas from the outer con-
equipment. machinery. products. or devices which are in- tincrital shelf (as defined in section 2(a) of the Outer
volved in any activity described in subparagraph (A). Continental Shelf Lands Act (43 U.S.C. 133 1 (a)), or the
The term includes. but is not limited to (i) electric siting. construction. expansion. or operation of any new
generating plants: (ii) petroleum refineries and associated or expanded energy facilities directly required by such ex-
facilities: (iii) gasification plants. (iv) facilities used for ploration. development. or production.
the transportation. conversion. treatment. transfer. or (14) The term "person- means any individual. any cor-
storage of liquefied natural gas: (v) uranium enrichment poration. partnership. association. or other entity
or nuclear fuel processing facilities: (vi) oil and gas organized or existing under the laws of any state: the
facilities. including platforms. assembly plants. storage Federal Government: any state. regional. or local govern.
depots. tank farms. crew and supply bases. and refining ment: or any entity of any such Federal. state. regional.
complexes: (vii) facilities including deepwater ports. for or local government.
the transfer of petroleum: (viii) pipelines and transmis- (15) The term -public facilities and public services'*
sion facilities: and (ix) terminals which are associated means facilities or services which are financed. in whole
with anv of the foregoing. or in part, hy any state or political subdivision thereof.
(7) The term "estuary" means that part of a river or including. but not limited to. highways and secondary
stream or other body of water having unimpaired conncc- roads. parking. mass transit. docks. navigation aids. tire
lion with the open sea. where the sea water is measurably and police protection. water supply waste collection and
diluted with fresh water derived from land drainage. The treatment (including drainage). schools and education.
term includes estuary-type areas of the Great Lakes. and hospitals and health care. Such term may also in-
(8) The term "estuarine sanctuary" means a research clude any other facility or secure so financed which the
area which may include any part or all of an estuary and Secretary finds will support increased population.

Published by THE SUREAU OF NATIONAL AFFAIRS. INC.. washington. D.C. 20037 ~q3~q5

71:8004 FEDER@%L LAWS

(16) The term "Secretary" means the Secretary of (7) A definition of' the term *beuch* and a planning
Commerce. process for the protection of. and access to. public
(17) The term 'special atca management plan' beaches and other public coastal areas of environmental,
means a comprehensive plan providing for natural recreational, historical, esthetic, ccolo8ical, or cultural
resource protection and reasonable coastal-deperident value.
economic growth containing a detailed and comprehensive (8) A planning process for energy facilities likely to be
statement of policies; standards and critcTia to guide located in. or which may significantly affect. the 'coastal
public and private usics or lands and waters; -and zone, including, but not limited to. a process for an-
mechanisms for timely implementation in specific ticipating and managing the impacts from such facilities.
geographic areas within the coastal zone. (9) A planning process for (A) assessing the effects of'
[304(17) added by PL 96-4641 shoreline erosion (however caused), and (S) studying and
(18) The term "water use" means activities which are evaluating ways to control. or lessen the impact of. such
conducted in or on the water but does not mean or in- erosion. and to restore areas adversely affected by such
clude the establishment of any water quality standard or erosion.
criteria or the regulation of the discharge or runoff of No management program is required to meet the re-
water pollutants except the standards. criteria. or quirements in paragraphs (7), (8). and (9) before October
regulations which arc incorporated in any program as 1, 1978.
required by the provisions of section 307(f). (c) The Secretary may make a grant annually to any
coastal state for @Ihe purposes described in subsection
(a)(1) if such state reasonably demonstrates to the
MANAGEMENT PROGRAM DEVELOPMENT satisfaction of the Secretary that such grant will be used
GRANTS to develop a management program con'sistent with the
SEC. 305. (a) The Secretary may make grants to any requirements set forth in section 306. The amount of any
coastal state - such grant shall not cxceW 80 per centurn of such state .S
(1) under subsection (c) for the purpose of assisting costs for such purposes in any one year. No coastal state
such state in the development of a management program is eligible to receive more than four grants pursuant to
for the land and water resources of its coastal zone. and this subsection. After the initial grant is- made to any
(2) under subsection (d) for the purpose of assisting coastal state pursuant to this subsection. no subscquen t
such state in the completion ofthe development. and the grant shall be made to such s.tate pursuant to this subscc-
initial implementation, or its management program tion unless the Secretary rinds that such state is satisfac-
before such state qualifics for administrative grants un- torily developing its management program.
der section 306. (dX 1) The Secretary may make a grant annually to any
(b) The management program for each coastal state coastal state for the purposes described in subsection
shall include each of the following requirements: (a)(2) if the Secretary finds that such state meets the
(1) An identification of the boundaries of the coastal eligibility requirements set forth in paragraph (2). The
zone suIbject to the management program. amount of any such grant shall not exceed 80 per ce6tum
t2) A definition of what shall constitute permissible of the costs for such purposes in any one year.
land uses and water uses within the coastal zone which (2) A coastal state is eligible to receive grants under
have a direct and significant impact on the coastal this subsection if it has -
waters. (A) developed a management program which -
(3) An inventory and designation of areas of particular (i) Is in compliance with the rules and regulations
concern within the coastal zone. promulgated to carrv out subsection (b). but
(4) An identification of the means by which the state (ii) has not yet been approved by the Secretary tinder
proposes to exert control over the land uses and water section 306.
uses referred to in paragraph (2), including a listing of (8) specifically identified. after consultation with the
relevant constitutional provisions. laws. regulations, and Secretary. any deficiency in such program which makes
judicial decisions. it ineligible for approval by the Secretary pursuant to sec-
(5) Broad guidelines on priorities of uses in particular tion 306. and has established a reasonable time schedule
areas. including specifically those uses of lowest priority. during which it can remedy any such deficiency;
(6) A description of the organizational structure (C) specified the purposes for which any such grant will
proposed to implement such management program. in- be used:
cluding the responsibilities and interrelationships of (D) taken or is taking adequate steps to mect'any re-
local. arcawidc. state. regional. and interstate agencies in quircment under section 306 or 307 which involves any
the management process. Federal official or agency: and

&wkonnw" Reporter 38

S-763
COASTAL ZONE ACT 71:8005

(E) complied with anv other requirement which the management program. if the state matches any such
Secretary. bv rules and regulations. prescribes as bcing grant according to the following ratios of Federal to
necessary and appropriate to carry out the purpose,, of state contributions for the applicable fiscal year: 4 to I
this subsection. for fiscal year 1986; 2.3 to I for fiscal year 1987. 1.5 to I
(3) No management program for which grants arc for fiscal year 1988; 1 to I for any fiscal year after fiscal
made under this subsection shall be considered an ap- year 1988. The Secretary may make the grant only if the
proved program for purposes of section 307% Secretary-
(c) Grants under this section shall be made to. and (1) rinds that such program meets the requirements
allocated among. the coastal states pursuant to rules and of section 305(b);
regulations promulgated by the Secretary. except that - (2) approves such program in accordance with
(1) no grant shall be made under tl@is section in an
amount which is more than 10 per centum of the total subsections (c). (d) and (c); and
amount appropriated to carry out the purposes of this (3) rinds, if such program has been administered with
section. but the Secreturv mav waive this limitation in financial assistance under this section for at least one
the case of any coastal stlIte %@hich is eligible for grants year. that the coastal state will expend an increasing
under subsection (d): and proportion of each grant received under this section
(2) no grant shall be made 'under this section in an (but not more than 30 per centurn of the grant unless
amount which is less than I per centum of the total the state chooses to expend a higher percentage)
on activities that will result in significant improvement
amount appropriated to carry out the purposes of this being made in achieving the coastal management
section. hut the Secretary shall waive this limitation in objectives specified in section 303(2)(A) through (1).
the case of any coastal state which requests such a For purposes of this subsection, the costs of administer-
waiver. ing a management program includes costs incurred in
(1) The amount of any grant (or portion thereof) made the carrying out. in a manner consistent with the
under this section which is not obligated by the coastal procedures and processes specified therein, of projects
state concerned during the fiscal year for which it was and other activities (other than those of a kind
first authorized to be obligated by such state. or during referred to in clauses (A), (8). or (C) of section
the fiscal vear immediately following, shall revert to the
Secrctarv'who shall add such amount to the funds 306A(c)(2) that are necessary or appropriate to the
implementation of the management program.
available for grants under this section.
(g) With the approval of the Secretarv. any coastal (306(a) revised by PL 96-464; PL 99-2721
state may allocate to any local government, to any
areawide agency designawd under section 204 of the (b) Such grants shall be allocated to the states with ap-
Demonstration Cities and Metropolitan Development proved programs based on rules and regulations
Act of 1966, to any region ' agency, or to any interstate promulgated by the Secretary which shall take into ac-
agency. a portion of any grant received by it under this count the extent and nature of the shoreline and area
,cction for the purpose of carrying out the provisions of covered by the plan. population of the arca. and other
this section. relevant factors: Provided. That no annual grant made
(h) An\ coastal state which has completed the develop- under this section shall be less than I per ccntum of
ment of its management program shall submit such the total amount appropriated to carry out the purposes
program to the Secreturv for review and approval pur- of this section: .4 nd provided further, 'That the Secrctar\
suant to section 306. Whenever the Secretary approves shall waive the application of the I per centurn minimum
the management program of any coastal state under sec- requirement as to any grant under this section, when the
tion 306. such state thereafter - coastal State involved requests such a waiver.
(I) shall not be eligible for grants under this section.
except that such state may receive grunts under subscc- 1306(b) amended by PL 93-612. PL 96-4641
tion (c) in order to comply with the requirements of* (c) Prior to granting approval of' a management
paragraphs (7). (8). and (9) of subsection (b): and program submitted bv a coastal state. the Secretar-% shall
(2) shall be eligible for grants under section 306. find that:
(I) The authority to make grants under this section (1) The state has developed and adopted a manage-
,;hall expire on September 3, 1979. ment program for Its coastal zone in accordance %%'@th
ADMINISTRATIVE GRANTS rules and regulations promulgated bv the Secretary. after
notice. and with the opportunity of full pirticipation b%
SEC. 306. (a) The Secretary may make grants to any relevant Federal agencies. state agencies. local
coastal state for the purpose of administering that state's governments. regional organizations. port authorities.

5-16410 Pubhs"c oy THE BUREAU OF NATIONAL AFFAIRS. INC.. WesNngton. D.C. 2=7 37

71:8006 FEDERAL LAWS

ana other interested parties, public and private. which is plementing the management program required under
adequate to carry out the purpos*s of this title and is con- paragraph (1) of this subsection.
sktcnt with the policy declared in section 303 of this title. (6) The state is organized to implement the manage-
(2) The state has: merit program required under paragraph ( 1) of this sub-
(A) coordinated its program with local. areawide, and section.
interstate plans applicable to areas within the coastal (7) The state has the authorities necessary to implement
zone existing on January I of the year in which the state's the program, including the authority required under sub-
management program is -submitted to the Secretary. section (d) of this section.
which plans have been developed by a local government. (8) The management program provides for adequate
an ureawide agency designated pursuant to regulations consideration or the national interest involved in plan-
established under swion 204 of the Demonstration ning for, and in the siting of. facilities (including energy
Cities and Metropolitan Development Act of 1966. a facilities in. or which significantly affect. such state's
regional agency. Or an interstate agency: and coastal zone) which are necessary to meet requirements
(8) established an effective mechanism for continuing which are other than local in nature. In the case of such
consultation and coordination between the management energy facilities. the Secretary shall rind that the st2te
agency designated pursuant to paragraph (5) of this sub- has given such consideration to any applicable interstate
section and with local governments. interstate agencies. energy plan or program.
regional agencies. and areawide agencies within the (9) The management program makes provision for
coastal zone to assure the rull participation of such local procedures whereby specific areas may be designated for
governments and agencies in carrying out the purposes of the purpose of preserving or restoring them for their con-
this title: except that the Secretary shall not rind any servation. recreational. ecological. or esthetic values.
mechanism to be 'effective' for purpos" of this sub- (d) Prior to granting approval of the management
paragraph unless it includes each of the following re- program. the Secretary shall find that the state. acting
quirements: through its chosen agency or agencies. including local
(i) Such management agency is required, before im- governments. areawide agencies designated under section
plementing any management program decision which 204 of the Demonstration Cities and Metropolitan
%%-.)uid conflict with any local zoning ordinance. decision, Development Act of' 1966. regional agencies. or interstate
or other action. to send a notice of such management agencies. has authority for the management of the
@:rogram decision to any local government whose zoning coastal zone in accordance with the management
authority is affected thereby. program. Such authority shall include power -
(ii) Any such notice shall provide that such local ( 1) to administer land and water use regulations. con-
governmeiit may, within the 30-day period commencing trol development in order to ensure compliance with the
0 on the date of receipt of such notice. submit to the management program, and to resolve conflicts among
management agency written comments on such manage- competing uses: and
ment program decision. and any recommendation for (2) to acquire fee simple and less than fee simple in-
alternatives thereto. if no action is taken during such I
period which would conflict or interfere with such tercsts in lands. waters. and other property through con-
management program decision. unless such local govern- dcmnation or other means when necessary to achieve
mcnt waives its right to comment. conformance with the management program.
(iii) Such management agency. if any such comments (c) Prior to granting approvdi. the Secretary shall also
are submitted to it. with such 30-day period. by any local find that the program provides:
government - (1) for any one or a combination of the following
(1) is required to consider any such comments. general techniques for control of land and water uses
(11) is authorized. in its discretion, to hold a public within the coastal zone.
hearing on such comments. and (A) State establishment of critcria and standards for
(111) may not take any action within such 30-day local implementation. subject to administrative review
period to implement the management program decision, and enforcement of compliance:
whether or not modified on the basis of such comments. (8) Direct state land and water use planning and
(3) The state has held public hearings in the develop- regulation. or
ment of the management program. (C) State administrative review for consistencv with
(4) The management program and any changes thereto the management program of all development plans. pro-
have been revieweil and approved by the Governor. j.ects. or land and water use regulations. including excep-
(5) The Governor of the state has designated a single tions and variances thereto. proposed by any state or
agency to receive and administer the grants for im- local authority or private developer. with' power to ap-

Environmem Reporiw 38

COASTAL ZONE ACT S-763
71:8007

prove or disapprove after public notice and an opportuni- the management program into a single unirted program
ty for hearings. and that the unified program will be completed as soon as
(2) for a method of* assuring that local land and water is reasonably practicable.
use regulations within the coastal zone do not un- (i) The coastal states are encouraged to provide in
reasonably restrict or exclude land and water uses of their management programs for-
regional beriefit. (A) the inventory and designation of areas that
(f) With the approval of the Secretary, a state may contain one or more coastal resources of national.
allocate to a local government. an areawide agency significance. and
designated under section 204 of the Demonstration Cities (8) specific and enforceable standards to protect
and Metropolitan Development Act of 1966. a regional such resources.
agency. or an interstate agency. a portion of the grant un- If the Secretary determines that a coastal state has
der this section for the purpose of carrying out the failed to make satisfactory progress in the activities
provisions of this section. Provided. That such allocation described in this subsection by September 30, 1994. the
shall not relieve the state of the responsibility for en- Secretary shall not make any grants to such state
suring that any runds so allocated are applied in provided under section 306A after such date.
furtherance of such state's approved management (306(i) added by PL 96464
program. [Editor's note.- Section 5(b) of PL 91-464 provides:
(g) Anv coastal state may amend or modify the -(b) The amendments made by subsection (aX 1)
management program which it has submitted and which and (2)* of this section apply with respect to grants
has been approved by the Secretary under this section. made after September 30. 1980, under section 306 of
pursuant to the required procedures described in subsec- the Coastal Zone Management Act of 1972 and.
tion (c), and subject to the following conditions: within two hundred and seventy days after such date.
(1) The state shall promptly notify the Secretary of the Secretary of Commerce shall issue regulations
any proposed amendment. modification or other pro- relating to the administration of subsection (a) of
gram change and submit it for Secretarial approval. The such section 306 (as so amended by such subsection
Secretary may suspend all or part of any grant made (a)( I
under this section pending state submission of the pro-
posed amendments, modification or other program RESOURCE MANAGEMENT
change. IMPROVEMENT GRANTS
(2) Within 30 days from the date on which the (306A added by PL 964641
Secretary receives any proposed amendment. the Secre-
tary shall notify the state whether the Secretary aP_ SEC. 306A. (a) For purposes of this section-
proves or disapproves the amendment, or whether the (1) The term 'eligible coastail state' means a coastal
Secretary finds it is necessary to extend the review of the state that for any fiscal year for which a grant is
proposed amendment for a period not to exceed 120 days applied for under this section-
from the date the Secretary received the proposed ((A) has a management program approved uMder
amendment. The Secretary may extend this 120-day section 306. and
period only as necessary to meet the requirements of the B) in the judgment of the Secretary, is making
National Environmental Policy Act (42 U.S.C. 4321 et satisfactory progress activities designed to result in
seq.). significant improvement in achieving the coastal manage-
(3) The state may not implement any proposed ment objectives specified in section 303(2)(A) through
amendment as part of its approved program pursuant to 0).
section 306, until after the proposed amendment has (2) The term *urban waterfront and pori7means any
been approved by the Secretary. developed area that is densely populated and is being
1306(g) revised by PL 99-272) used for. or has been used for, urban residential
recreational, commercial, shipping or industrial pur-
poses.
(h) At the discretion of' the state and with the approval (b) The Secretary may make grants to any eligible
of the Secretary. a management program may be coastal state to assist that state in meeting one or
developed and adopted in segments so that immediate more of the following objectives:
attention may be devoted to those areas within the
coastal zone which most urgently need management
programs. Provided. That the state adequately provides *Subsections (aKl) and (2) amended Section 306(a) and (h).
for the ultimate coordination of the various segments of rcipectivcly. of this Act.

puwst oy rmE suREAu OF mAnciom AFFAws, o4c.. weshwvton. O.C. 20037 39

71:8008 FEDERAL LAWS

(1) The preservation or restaration of specific areas 1.5 to I for fiscal year 1998: and I to I for each fiscal
of the state that (A) are designated under the manage- year after fiscal year 1988.
mcnt program procedures required by section 306 [Former 306A(d)(1) deleted and
(cX9) because of their conservation recreational. new (d)(1) added by PL 99-2721
ecological, or esthetic values, or (B) contain one or (2) Grants provided under this section may be used
more coastal resources of national significance. to pay a coastal state's share of costs required under
(2) The redevelopment of deteriorating and under- any other Federal program that is consistent with the
utilized urban waterfronts and ports that are designated purposes of this section.
under section 305(bX3) in the state's management (3) The total amount of grants made under this
program as areas of particular concern. section to any eligible coastal state for any fiscal
(3) The provision of access of public beaches and year may not exceed an amount equal to 10 per centum
other public coastal areas and to coastal waters in of the total amount appropriated to carry out this
accordance with the planning process required under section for such fiscal year.
section 305(bX7). (e) With the approval of the Secretary, an eligible
(c) (1) Each grant made by the Secretary under coastal state may allocate to a local government, an
this s"tion shall be subject t@ such terms and con- areawide agency designated under section 204 of the
ditions as may be appropriate to ensure that the grant Demonstration Cities and Metropolitan Development
is used for purposes consistent with this section. Act of 1966. a re:ional agency, or an interstate agency,
9
(2) Grants made under this section may be used for a portion of any grant made under this section for
(A) the acquisition of fee simple and other interests the purpose of carrying out this section, except that
in land: such an allocation ihall not relieve that state of the
(B) low-cost construction projects determined by the responsibility for ensuring that any funds so allocated
Secretary to be consistent with the purposes of this are applied in furtherance of the state's approved
section, including but not limited to, paths, walkways. management program.
fences. parks, and the rehabilitation of historic buildings (f) In addition to providing grants under this section.
and structures; except that not more than 50 per centurn the Secretary shall assist eligible coastal states and their
of any grant made under this section may be used for local governments in identifying and obtaining other
such construction projects, sources of available Federal technical and financial
(C) in the case of grants made for objectives assistance regarding the objectives of this section.
described in subsection (bX2)-
(i) the rehabilitation or acquisition of piers to COORDINATION AND COOPERATION
provide incrc *ased public use, including compatible SEC. 307. (a) In carrying out his functions and respon-
commercial activity, sibilitics under this title. the Secretary shall consult with.
(ii) the establishment Of shoreline stabilization cooperate with. and. to the maximum extent practicable.
measures including the installation or rehabilitation of coordinate his activities with other interested Federal
bulkheads for the purpose of public safety or increasing agencies.
public access and use. and (b) The Secretary shall not approve the management
(iii) the removal or replacement of pilings where program submitted'by a state pursuant to section 306 un-
such action will provide increased recreational use of less the views of Fede'ral agencies principally affected by
urban waterfront areas. such program have been adequately cons4ercd.
but activities provided for under this paragraph shall (c)(1) Each Federal agency conducting or supporting
not be treated as construction projects subject to the activities directly affecting the coastal zone shall conduct
limitations in paragraph (8): or support those activities in a manner which is. to the
(D) engineering designs. specifications, and other maximum extent practicable. consistent with approved
appropri,ate reports; and state management programs.
(E) educational. interpretive. and management cost (2) Any Federal agency which shall undertake any
and such other related costs as the Secretary determine: development project in the coastal zone of a state shall
to be consistent with the purposes of this section. insurc that the project is. to the maximum extent prac-
(d)(1) The Secretary may make Sranu to any coastal ticable. consistent with approved state management
state for the purpose of carrying out the project or programs.
purpose for which such grants are awarded. if the state (3)(A) After final approval by the Secretary of astate's
matches any such grant according to the following ratios management program, any applicant for a required
of Federal to state contribution for the applicable fiscal Federal license or permit to conduct an activity affecting
year: 4 to I for fiscal 1986, 2.3 to I for fiscal year 1987, land or water uses in the coastal zone ofthat*.itatc shall

0
Emwonma" A 40

S-763
COASTAL ZONE ACT 71:4009

provide in the application to the licensing or permitting graph (A). except if such state fails to concur with or
agency a certification that the proposed activity complies object to such certification within three months after
with the state's approved program and that such activity receipt of Its copy of such certification and supporting
will be conducted in a manner consistent with the information, such state shall provide the Secretary, the
program. At the same time, the applicant shall furnish to appropriate federal agency. and such person with a
the state or its designated agency a copy of the certifica- written statement describing the status of review and the
tion. with all necessary information and data. Each basis for further delay in issuing a final decision. and if
coastal state shall establish procedures for public notice such statement is not so provided. concurrence by such
in the case of all such certifications and. to the extent it state with such certification shall be conclusively pre-
deems appropriate. procedures for public hearings in sumcd: or
connection therewith. At the earliest practicable time. the [(ii) revised by PL 95-372. September 18. 19781
state or its designated agency shall notify the Federal (iii) the Secretary finds. pursuant to subparagraph (A).
agency concerned that the state concurs witb or objects to that each activitv %%'-hich is described in detail in such plan
the applicant's certification. If the state or its designated is consistent with the objectives of this title or is
agency fails to furnish the required notification within six otherwise necmary in the interest of' national security.
months after receipt of Its copy of the applicant*s cer- If a state concurs or is conclusively presumed to con-
tification. the state's concu 'rrence with the certification cur. or it' the Secretarv makes such a finding. the
shall be conclusively presumed. No license or permit provisions of' subparagraph (A) are not applicable with
shall be granted by the Federal agency until the state or respect to such person. such state. and any Federal
its designated agency has concurred with the applicant's license or permit which is required to conduct 'any activi-
certification or until, by the state's failure to act, the con- ty affecting land uses or water uses in the COUStill Lone of
currence is conclusively presumed. unless the Secretary. such state which is described in detail In the plan to which
on his own initiative or upon appeal by the applicant. such concurrence or finding applies. I I'such state objects
Finds, after providing a reasonable opportunity for detail- to such certification and ifthe Secretary fails to make a
ed comments from the Federal agency involved and from finding under clause (iii) with respect to such certifica-
the state. that the activity is consistent with the objectives tion. or it' such person fails substantially to comply with
of this title or is otherwise necessary in the interest of such plan as submitted. such person shall submit an
national security. amendment to such plan. or a nc%% plan. to the Secretary
(B) After the management program of any coastal of' the Interior. With respect to an% amendment or new
state has been approved by the Secretary under section plan sW. mitted to the Secretary of the Interior pursuant
306. any person who submits to the Secretary of the to the preceding sentence, the applicable time period for
Interior any plan for the exploration or development of. purposes of concurrence by conclusive presumption un-
or pro-duction from. any area which has been leased un- der subparagraph (A) is 3 months.
der the Outer Continental Shelf Lands Act (43 U.S.C. (d) State and local governments submitting
1331 ct seq.) and regulations under such Act shall. with applications for Federal assistance under other Federal
respect to any exploration. development. or production programs affecting the coastal zone shall indicate the
described in such plan and affecting any land use or water views of the appropriate state or local agency its to the
use in the coastal zone of such state. attach to such plan a relationship of' such activities to the approved manage-
certification that each activity which is described in detail ment program for the coastal zone. Such applications
in such plan complies with such state's approved manage- shall be submitted and coordinated in accordance with
ment program and will be carried out in a manner consis- the provisions of title IV ofthe Intergovernmental Coor-
tent with such program. No Federal official or agency dination Act of 1968 (82 Stat. 1098). Federal agencies
shall grant such person any license or permit for any ac- shall not approve proposed projects that are inconsistent
tivity described in detail in such plan until such state or with a coastal state's management program. except upon
its designated agency receives a copy of such certification a finding by the Secretary that such project is consistent
and plan. together with any other necessary data and in- with the purposes of' this title or necessary in the interest
formation. and until - of national securit%.
(i) such state or its designated agency. in accordance (e) Nothing in this title shall he construed -
with the procedures required to be established by such (1) to diminish either Federal or state jurisdiction.
state pursuant to subparagraph (A). concurs with such responsibility. or rights in the field of planning. develop-
person*s certification and notifies the Secretary and the ment. or control of* water resources. submerged lands, or
Secretary of the Interior of such concurrence: navigable waters. nor to displace. supchede. limit. or
(ii) concurrence by such state with such ccrtifica- modifv anv interstate compact or the jurisdiction or
tion is conclusively presumed as provided for in subpara- responsibillt% ol'an% legally established joint or common

S-16416 PuW trf THE BUREAu OF mAMNAL AFFAIAS, INC.. Washwnton. O.C. 20037 41

71:8010 FEDER AL LAWS

agency of two or more states or -of two or more states and this title, a coastal energy impact program. Such
the Federal Government, nor to limit the authority of program shall consist of the provision of' financial
Congress to authorize and fund projects; assistance to meet the needs of' coastal states and local
(2) as superseding, modifying. or repealing existing governments in such states resulting from specified ac-
laws applicable to the various Federal agencies: nor to tivities involving energy development. Such assistance.
affect the jurisdiction, powers, or prerogatives of the which includes -
international Joint Co -mmission. United States and (A) grants, under subsection (b), to coastal states for
Canada. the Permanent Engineering Board, and the the purposes set forth in subsection (b)(5) with respect to
United States operating entity or entities established pur- consequences resulting from the energy activities
suant to the Columbia River Basin Treaty. signed at specified therein:
Washington, January 17. 1961. or the International (8) grants. under subsection (cXl@ to coastal states for
Boundary and Water Commission, United States and study of, and planning for. conse4ucnces relating to nc%%
Mexico. or expanded energy facilities@in. or which significantl%
(f) Notwithstanding any other provision of this title. affect. the coastal zone.
nothing in this title shall in any way affect any require- (C) grants. under subsection (cX2). to coastal
ment (I) established by the Federal Water Pollution Con- states to carry out their responsibilities under the Outer
trol Act. as amended. or the Clean Air Act. as amended, Continental Shelf Lands Act:
or (2) established by the Federal Government or by any (D) loans. under subsection WWI). to coastal
state or local government pursuant to such Acts. Such states and units of general purpose local government to
requirements shall be incorporated in any program assist such states and units to provide new or improved
developed pursuant to this title and shall be the water public facilities or public services which are required as a
pollution control and air pollution control requirements result of coastal energy activity:
applicable to such program. (E) guarantees. under -subsection (dX2) and subject to
(g) When any state's coastal zone management the provisions of subsection (f). of bonds or other
program, submitted for approval or proposed for evidences of indebtedness issued by coastal states and un-
modification pursuant to section 306 of this title, includes
requirements as to shorclands which also would be sub- its of general purpose local government for the purpose
i.ect to any Federally supported national land use pro- of piroviding new or improved public facilities or public
services which arc required as a result of coastal energy
gram which may be hereafter enacted. the Secretary. activity,
prior to approving such program. shall obtain the con-
currence of the Secretary of the Interior. or such other (F) grants or other assistance, under subsection (dX3).
Federal official as may be designated to administer the to coastal states and units of general purpose local
national land use program with respect to that portion of government to enable such states and units to meet
the coastal zone management program affecting such in- obligations under loans or guarantees under subsection
land areas. (d) ( 1) or (2) which they are unable to meet as they
(h) In case of serious disagreement between any mature. for reasons specified in subsection (dX3). and
Federal agency and a coastal state (G) grants. under subsection (dX4), to coastal states
(1) in the development or the initial implementation of wh ich have suffered. arc suffering. or will suffer any un-
a management program under section 305: or avoidable loss of a valuable environmental or recreational
(2) in the administration of a management program resource:
approved under section 306. shall be provided, administered, and coordinated by the
the Secretary. with the cooperation of the Executive Of- Secretary in accordance with the provisions of this sec-
fice of the President. shall seek to mediate the differences tion and under the rules and regulations required- to be
involved in such disagreement. The process of such promulgated pursuant to paragraph (2). An% such
mediation shall, with respect to any disagreement financial assistance shall be subject to audit under section
described in paragraph (2). include public hearings which 313.
shall be conducted in the local area concerned. (2) The Secretary shall promulgate. in accordance with
section 317. such rules and regulations (including. but not
COASTAL ENERGY IMPACT PROGRAM limited to. those required under subsection (e) as may be
(308 revised by PL 95-372. September 18, 1978) necessary and appropriate to carry out the provisions of
this section.
SEC. 308. (a) (1) The Secretarv shall administer and (b) 0) The Secretary shall make grants annually to
coordinate. as part of the coastal zone management ac- coastal states. in accordance with the provisions o(this
tivities of the Federal Government provided for under subsection.

EmwWwr4w Reporw 42

S-763
COASTAL ZONE ACT 71:11011

(2) Subject to paragraph (3), the amounts pay- expend or commit the proceeds of such grant in accord-
able to coastal states under this subsection shall be. with ance with the purposes set forth in paragraph (5).
respect to any such state for any fiscal year, the sum of (ii) For purposes of this subparagraph -
the amounts calculated, with respect to such state, pur- (1) the states of Connecticut. Delaware. Georgia.
suant to subparagraphs (A). (8). and (Q: Maine, Maryland, Massachusetts. New Hampshirt:.
(A) An amount which bears, to one-half of the New Jersey. New York. North Carolina. Pennsylvania.
amount appropriated for the purpose of funding grants Rhode Island. South Carolina. and Viriinia. the Corn-
under this subsection for such fiscal year, the same ratio monwealth of Puerto Rico. and the Virgin Islands (the
that the amount of outer Continental Shelfacreage which Atlantic coastal states) shall constitute one 'region':
is adjacent to such state and which is newly leased by the all) the states or Alabama, Florida. Louisiana.
Federal Government in the immediately preceding fiscal Mississippi, and Texas (the Gulf coastal states) shall
year bears to the total amount of outer Continental Shelf constitute one 'region%
acreage which is newly leased by the Federal Government (111) the states of California. Hawuil. Oregon. and
in such preceding year. Washington (the Pacific coastal states) shall consti-
(B) An amount which bears. to one-quarter of the tutc one *region' and
amount appropriated for such purpose for such fiscal (IV) the state of Alaska shall constitute one 'region
year. the same ratio that the volume of oil and natural (B) If. after the calculations required undor sub-
gas produced in the immediately preceding Fiscal year paragraph (A). the total amount of funds appropriated
from the outer Continental Shelf acreage which is adju. for making grants to coastal states in any fiscal year pur-
cent to such state and which is leased by the Federal suant to this subsection is less than the'total amount of
Government bears to the total volume of oil and natural grants payable to all coastal states in such fiscal year.
gas produced in such year from all of the outer Continen- there shall be deducted from the amount payable to each
tal Shelf acreage which is leased by the Federal Govern- coastal state which will receive more than per ccntuni
mcrit.
(C) An amount which bears, to one-quarter of the of the amount of funds so appropriated an amount equal
amount appropriated for such purpose for such fiscal to the product of -
year. the same ratio that (he volume of oil and natural (i) the amount by which the total amount of grant,
gas produced from outer Continental Shelfacreage leas- payable to all coastal states in such Fiscal year exceeds
ed by the Federal Government which is first. landed in the total amount of funds appropriated for making such
such state in the immediately preceding fiscal year bears grants: multiplied by
to the total volume or oil and natural gas produced from (ii) a fraction, the numerator of which is the
all outer Continental Sheir acreage leased by the Federal amount of grants payable to such coastal state in such
Government which is first landed in all of the coastal fiscal year reduced by an amount equal to 2 per ccntum
states in such year. of the total amount appropriated for such fiscal year
(3XAXi) After making the calculations re- and the denominator of which is the total amount of
quircd under paragraph (2) for any fiscal year, the grants payable to coastal states which, in such fisca I yea.r.
Secretary shall will receive more than 2 per centurn of tne amount of
(1) with respect to any coastal state which. based on funds so appropriated. reduced by an amount equal to the
such calculations. would receive an amount which is less product of 2 per cent@m of the total amount appropriated
than 2 per centum of the amount appropriated for such for such fiscal year multiplied by the number of such
fiscal year. increase the amount appropriated for such coastal states.
fiscal year. increase the amount payable to such coastal (CXi) If. after the calculations required under
state to 2 per centum of such appropriated amount: and subparagraph (8) for any Fiscal year. an@-coastal state
(11) with respect to any coastal state which. in such would receive an amount which is greater than 371'., per
fiscal year. would not receive a grant under paragraph centum of the amount appropriated for such i-Iscal year.
(2). make a grant to such coastal state in an amount the Secretary shall reduce the amount payable to such
equal to 2 per centum of the total amount appropriated coastal state to 3711., per ccntum of' such appropriated
for making grants to all states under paragraph (2) in amount.
such fiscal year if any other coastal state in the same (ii) Any amount not payable to a coastal state in
region will receive a grant under such paragraph in such a fiscal year due to a reduction under clause (i) shall
fiscal year. except that a coastal state shall not receive be payable proportionately to All coastal states which
a grant under this subclause unless the Secretary deter- are to receive more than 2 per ccntum and less than 371:
mines that it is being or will be impacted by outer Con- per centum of the amount appropriated for such fiscal
tinental Shelf energy activity and that it will be able to year. except that in no event shall an.y coastal state

RM by THE BUREAU OF NATIONAL AFFAIRS. INC.. W8111019UN, D.C. 20037 43

71:8012 FEDERAL LAWS

receive more than 371/2 per centum of such appropriated poses (except that priority shall be given to the use of
amount. such proceeds lor the purpose set forth in subparagraph
(iii) For purposes of this subparagraph. the term (A):
payable proportionately' means payment in any Fiscal (A) The retirement of' state and local bonds. it' any.
-year in accordance with the provisions of paragraph (2), which are guaranteed under subsection (d) (2). except
except that in making calculations under such paragraph that. if the amount of such grants is insufficient to retire
the Secretary shall only include those coastal states which both state and local bonds. priority shall be given to retir-
are to receive more thart 2 per centum and less than 371/2 ing local bonds.
per centum of the amount appropriated for such fiscal (B) The studv of. planning for. development of. and the
year. carrying out o(projccts and programs in such state which
(4XA) The Secretary shall determine annually the arc -
amounts of the grants to be provided undcr this subsec- (i) necessary. to provide new or improved public
tion and shall collect and evuluatc such information as facilities and public services which arc required as a rc-
may be riccessary to make such determinations. Each suit of outer Continental Shelf energy activity:
Federal department. agency. and instrumentality shall (ii) of a type approved by the Secretary as eligible for
provide to the Secretary such assistance in collecting and grants undcr this paragraph. except that. the Secrctar%
cvaluat' relevant Information as the Secretary may may not disapprove any project or program for highways
request.11'he Secretary shall request the assistance of any and secondarv roads.'docks. navigation aids. fire and
appropriate'statc agency in collecting and evaluating police protection. water supply. waste collection and
such information. treatment (including drainage). schools and education.
(8) For purposes of making calculations under and hospitals and health care.
paragraph (2). outer Continental Shelf' acreage is adja- The Secretary may. pursuant to criteria promulgated
cent to a particular coastal state if such acreage lies on by rule. clcscrib@ geographic areas in which public facili-
that statc*s side of' the extended lateral seaward boun- ties and public services referred to in clause (i) shall
daries of'such state. The extended lateral seaward boun- be presumed to be required as a result of outer Con-
daries of' a coastal state shall be determined as follows: Oriental Shelf energy activity for purposes of disbursing
(1) ff lateral seaward bound "aries have been clearlv the proceeds of grants under this subsection.
defined or fixed by an interstate compact. agreement. o_r (C) The prevention. reduction. or amelioration ol'anv
i.udicial decision (it' entered Into. agreed to. or issued unavoidable loss in such statc*s coastal zone of anv
before the date of the enactment of this paragraph). such valuable environmental or recreational resource if suc'h
boundaries shall be extended on the basis of the prin- loss results from coastal energy activity.
ciples of delimitation used to so define or fix them in such (6) The Secretary. in a timely manner'. shall determine
compact. agreement. or decision. that each coastal s'tate has expended or committed, and
(ii) If no lateral seaward boundaries. or any porti .on may determine that such state will expend or commit.
thereof. have been clearly defined or fixed by an in- grants which such state has received under this subsection
terstate compact. agreement. or judicial decision. lateral in accordance with th; purposes set forth in paragraph
seaward boundaries shall be determined accordine to the (5). The United States shall be entitled to recover Trom
applicable principles of law. including the principles of' any'coustal state an amount equal to an% portion of* any
the Convention on the Territorial Sea and the Con- such grant received by such state under this subsection
tiguous Zone. and extended on the basis of' such prin- which -
cipfcs. (A) is not expended or committed by such state before
(iii) I I*. after the date of' enactment of this paragraph, the close of the fiscal vear immediately following the
two or more coastal states enter into or amend an in- fiscal vear in which the'grant was disbu*rsed. or -
terstatc compact or agreement in order to cleariv define (B)'is expended or committed by such state for any
or Fix lateral seaward boundaries, such boundaries shall purpose other than a purpose set fo@rth in paragraph (5j.
thereafter be extended on the basis of the principles of Before disbursing the proceeds of any grant under this
delimitation used to so define or fix them in such com- subsection to any coastal state. the Secretary shall rc-
pact or agreement.
quire such state to provide adequate assurances of beine
(C) For purposes of making calculations under this able to return to the United Statics any amounts to whicii
subsection. the transitional quarter beginning July 1. the preceding sentence ma,@ apply.
1976. and ending September 30. 1976. shall be included (cXl) The Secretary shall make grants to any coastal
within the fiscal year ending June 30. 1976. state if the Secretary 1*.* -,.;s that the coastal tone 4such
(5) Each coastal state shall use the proceeds of grants state is being. or is lik@.'y to be significantly affected by
received by it under this subsection for the following pur- the siting. construction. e\punsion. or operation of new

Environnwn Re" to

S-763
COASTAL ZONE ACT 71:8013

or expanded energy facilities. Such grants shall be used obligations pursuant to a loan or guarantee made under
for the study of. and planning for (including. but not paragraph ( I ) or (2) because the actual increases in
limited to. the application of the planning process includ- employment and related population resulting from
ed in a management program pursuant to section coastal energy activity and the facilities associated with
305(bX8)) any economic. social, or environmental con- such activity do not provide adequate revenues to enable
Rqucnce which has occurred. is occurring. or is likely to such state or unit to meet such obligations in accordance
occur in such state's coastal zone as a result of the siting. with the appropriate repayment schedule, the Secretar%
construction, expansion,or operation of such new or ex- shall, after review of the information submitted by sucii
panded energy facilities. The amount of any such grant state or unit pursuant to subsection (cX3). take any of the
shall not exceed 80 per centurn of the cost of such study following actions:
and planning. (A) Modify appropriately the terms and conditions of'
(2) The Secretary shall make grants under this such loan or guarantee.
paragraph to any coastal state which the Secretary (B) Refinance such loan.
find.-; is likely to be affected by outer Continental Shelf (C) Make a supplemental loan to such state or unit the
energy activities. Such grants shall be used by such state proceeds of which shall be applied to the payment of'
to carry out its responsibilities under the Outer Con- principal and interest due under such loan or guarantee.
tincntal Shelf Lands Act. The amount of any such grant (D) Make a grant to such state or unit the proceeds of
.shall not exceed 80 per centum of the cost of carrying which shall be applied to the payment of principal and in-
out such responsibilities. terest due under such loan or guarantee.
(3) (A) The Secretary shall make grants to any Notwithstanding the preceding sentence. if the Secretary
coastal state to enable such state to prevent. reduce, -
or ameliorate any unavoidable loss in such state's (i) has taken action under subparagraph (A). (B). or
coastal zone of any valuable environmental or recrea- (C) with respect to any loan or guarantee made under
tional resource. ir such loss results rrom the transporta- paragraph (I) or (2), and
tion, transfer. or storage of coal or rrom alternative (ii) finds that additional action under subparagraph
ocean energy activities. (A). (B), or (C) will not enable such state or unit to meet.
(B) Such grants shall be allocated to any such state within a reasonable time, its obligations under such loan
based on rules and regulations promulgated by the or guarantee and any additional obligations related to
Secretary which shall take into account the number of such loan or guarantee. the Secretary shall make a grant
coal or alternative ocean energy facilities. the nature of or grants under subparagraph (D) to such state or unit in
their impacts, and such other relevant factors deemed an amount sufficient to enable such state or unit to meet
appropriate by the Secretary. such outstanding obligations.
[308(cX3) added by PL 96-4641 (4) (308(d)(4) deleted by PL 96-4641
(dX I) The Secretary shall make loans to any coastal (c) Rules and regulations with respect to the following
state and to any unit of general purpose local government matters shall be promulgated by the Secretary as soon as
to assist such state or unit to provide new or improved practicable. but not later than 270 days after-thc date of
public facilities or public services. or both. which are re- the enactment of this section:
quircd as a result of coastal energy activity. Such loans (1) A formula and procedures for apportioning
shall be made solely pursuant to this title. and no such equitably. among the coastal states, the amounts which
loan shall require as a condition thereof that any such are available for the provision of Financial assistance un-
der subsection (d). Such formula shall be based on, and
state or unit pledge its full faith and credit to the repay- limited to. the following factors:
ment thereof. No loan shall be made under th@is (A) The number of additional individuals who arc ex-
paragraph after September 30, 1986. pected to become employed in new or expanded coastal
(2) The Secretary shall, subject to the provisions of energy activity. and the related new population. who
subsection (f), guarantee. or enter into commitments to reside in the respective coastal states.
guarantee. the payment of interest on, and the principal (8) The standardized unit costs (as determined by the
amount of, any bond or other evidence or indebtedness if Secretary by rule). in the relevant regions of such states.
it is issued by a coastal state or a unit of general purpose for new or improved public facilities and public services
local government for the purpose of providing new or im- which are required as a result of such ex?ected employ-
proved public facilities or public smices, or both, which ment and the related new population.
arc required as a result of a coastal energy activity. (2) Criteria under which the Secretarv shall review
. (3) If the Secretary finds that any coastal state or unit each coastal state's compliance with the requirements of'
ot'gencral purpose I(xal government is unable to meet its subsection (g)(2).

%WWWd by THE SUAEAU OF NATIONAL AFFAIRS. iNC.. WsshvrVton. D.C. 2=7 45

71:8014 FEDERAL LAWS

(3) Criteria and procedures for evaluating the extent to (8) no guarantee shall be made unless the Secretary
which any loan or guarantee under subsection (dX 1) or determines that such bonds or other evidences of' in'-
(2) which is applied for by any coastal state or unit of debtedness will -
general purpose local government can be repaid through (i) be issued oniv to investors who meet the re-
its ordinary methods and rates for generating tax quiremcnts prescribed by the Secretary, or. if an offering
revenues. Such procedures shall require such state or unit to the public is contemplated. be underwritten up,n
to submit to the Secretary such information which is terms and conditions approved by the Secretar,@.-
specified by the Secretary to be necessary for such Oi) bear interest at a rate foun@ not to be excessive b%-
evaluation. including, but not limited to - the Secretary; and
(A) a statement as to the number of additional in- (iii) contain. or be subject to. repayment. muturitv. and
dividuals who are expected to become employed in the other provisions which are satisfactory to the Secretary;
new or expanded coastal energy activity involved. and the (C) the approval of the Secretary of the Treasury shall
related new population. who reside in such state or unit. be required with respect to any such guarantee. unle*ss the
(8) a description. and the estimated costs of the new Secretary of the Treasury waives- such approval: and
or improved public facilities or public services needed or (D) no guarantee shall be made after September 30.
likely to be needed as a result of such expected employ- 1986.
merit and related new population: (2) The full faith and credit of' the United States 'IN
(C) a projection of such state's or unit's estimated tax pledged to the pa%mcint. under paragraph (5). of an%
receipts during such reasonable time thereafter. not to default on any indebtedness guaranteed under subsection
exceed 30 years. which will be available for the repay- (dX2). Any such guarantee made by the Sceretarv shall
ment of' such loan or guarantee. and be conclusive evidence of the eligibi lity ol'the ohii gation
(D) a proposed repayment schedule. involved for such guarantee. and the validitv ol'an%. such
The procedures required by this paragraph shall also guarantee so made shall be incontestable in the hands of*
provide for the periodic verification, review, and a holder of the guaranteed obligation. except for fraud or
modification (if necessary) by the Secretary of the infor- material misrepresentation on the part of the holder. or
mation or other material required to be submitted pur- known to the holder at the time acquired,
suant to this paragraph. (3) The Secretar% shall prescribe and collect fees in
(4) Requirements. terms. and conditions (which may connection with guarantees made under subsection
include the posting of security ) which shall be imposed (dX2). These fees mu-, nut exceed the amount %%hich the
by the Secretary, in connection with loans and guarantees Sccrctar@ estimates to. b.c neccssarv to cover the ad-
made under subsections (d)(1) and (2), in order to assure ministrative costs pertaining to such guarantees.
repayment within the time fixed. to assure that the (4) The interest paid on any obligation which is
proceeds thereof may not be used to provide public scr- guaranteed under subsection (dX2) and which is received
vices for an unreasonable length of time, and otherwise to by the purchaser thereof (or the purchascr*s successor in
protect the financial interests of the United States. interest), shall be included in gross income for the pur-
pose of chapter I of the Internal Revenue Code of' 1954.
(5) Criteria under which the Secretary shall establish The Secretary ma% pay out of the Fund to the coastal
rates of interest on loans made under subsections (d)( 1) state or the 'Unit 'of general purpose local government
and (3). Such rates shall not exceed the current average issuing such obligations not more than such portion of
market yield on outstanding marketable obligations of the interest on such obligations as exceeds the amount of*
the United States with remaining periods to maturity interest that would be due at a comparable rate deter-
comparable to the maturity of such loans. mined for loans made under subsection (d)( 1).
In developing rules and regulations under this subscc- (5XA) Payments required to be made as a result Ufan%
tion, the Secretary shall. to the extent practicable, re- uarantec made under subsection (d)(21) shall be madc h'%
9
quest the views of. or consult with. appropriate persons the SecreturN from sums appropriated to the Fund o-r
regarding impacts resulting fi@om coastal energy activity. from monev's obtained from the Secrctar% of the
(1)(1) Bonds or other evidences of indebtedness Treasury pursuant to paragraph (6).
guaranteed under subsection (dX2) shall be guaranteed (8) If there is a default by a coastal state or unit of'
on such terms and conditions as the Secretary shall general purpose local government in any payment of
prescribe. except that - principal or interest due under a bond or other evidence
(A) no guarantee shall be made unless the indebtedness of indebtedness guaranteed by the Secretar% under sub-
section (dX2). anv holder of such bond or other evidence
involved will be completely amortized within a of indebtedness nay demand payment by the Secretary
reasonable period, not to exceed 30 years: of the unpaid interes't on and the unpaid p'rincipal of'sucii

Enywonmw" Pteporter 46

S-763
COASTAL ZONE ACT 11:8015

obligation as they become due. The Secretary. after in- on outstanding marketable obligations of the United
vcstigating the facts presented by the holder, shall pay to States on comparable maturities during the month
the holder the amount which is due such holder, unless preceding the issuance of such notes or other obligations.
the Secretary rinds that there was no default by such state Any sums received by the Secretary through such
or unit or that such default has been remedied. issuance shall be deposited in the Fund. The Secretary of'
(C) If the Secretary makes a payment to a holder un- the Treasury shall purchase any notes or other
der subparagraph (8). the Secretary shall - obligations issued under this paragraph. and for this pur-
(i) have all of the rights granted to the Secretary or the pose such Secretary may use as a public debt transaction
United States by law or by agreement with the obligor: the proceeds from the sale of any securities issued under
and the Second Liberty Bond Act. as now or hereafter in
force. The purposes for which securities may be issued
(ii) be subropted to all of the rights which were under that Act are extended to include any purchase of
granted such holder, by law. assignment, or security notes or other obligations issued under this paragraph.
agreement between such holder and the obligor. The Secretary of the Treasury may at any time sell any of
Such rights shall include. but not be limited to. a right the notes or other obligations so acquired under 'this
of' reimbursement to the United States against the paragraph. All redemptions. purchases. and sales of such
coastal state or unit of general purpose local government notes or- other obligations by the Secretary of the
for which the payment was made for the amount of such -Triasury shall be treated as pu'blic debt transactions of
payment plus interest at the prevailing current rate as the United States.
determined by the Secretary, if such coastal state. or the (gX 1) No coastal state is eligible to rcccivc any finan-
coastal state in which such unit is located, is due to cial assistance under this section unless such sta*tc -
receive any amount under subsection (b). the Secretary
shall, in lieu of paying such amount to such state. deposit (A) has a management program which has been ap-
such amount in the Fund until such right of reimburse- proved under section 306;
ment has been satisfied. The Secretary may accept, in (8) is receiving a grant under section 305(c) or (d). or
complete or partial satisfaction of any such rights, a con- (C) is, in the judgment of the Secretary, making
veyance or property or interests therein. Any property so satisfactory progress toward the development of a
obtained by the Secretary may t>c completed. main- management program which is consistent with the
tained. operated, held. rented, sold, or otherwise dealt policies set forth in section 303.
with or disposed of on sucit terms or conditions as the (1) .Each coastal state shall. to the maximum extent
Secretary prescribes or approves. If. in any case, the sum practicable, provide that financial assistance provided
received through t1c sale of such property is greater than under this section be apportibncd, allocated. and granted
the amount paid to the holder under subparagraph (D) to units of local government within such state on a bas' s
plus costs, the Secretary shall pay any such excess to'thc which is proportional to the extent to which such units
obligor, need such assistance.
(D) The Attorney General shall, upon the request of (h) There is established in the Trcasurv of the United
the Secretary. take such action as may be appropriate to States the (foastal Energy Impact Fund.'The Fund shall
enforce any right accruing to the Secretary or the United be available to the Secretary without fiscal Year limita-
States as a result of the making of any guarantee under tion as a revolving fund fOr the purposes of carrying out
subsection (dX2). Any sums received through any sale subsections (c) and M. The Fund shall consist of-
under subparagraph (C) or recovered pursuant to this (1) any sums appropriated to the Fund:
subparagraph shall be paid into the Fund. (2) payments of principal and interest received u6dcr
any loan made under subsection (d)(1). -
(6) 1 f the moneys available to the Secretarv are not suf- (3) any fees received in connection with any guarantee
ficient to pay any amount which the @ccrctary is made under subsection (dX2): and
obligated to pay under paragraph (5). the Secretary iliall (4) any recoveries and receipts under security, subroga-
issue. to the Secretary of the Treasury notes or other tion. and other rights and authorities described in subsec-
obligations (only to such extend and in such amounts as tion (1).
may be provided ror in appropriation Acts) in such forms All Pavmcnts made by the Secretary to carry out th-
and denominations, bearing such maturities. and subjw provisions of subsections (c). (d). and (n (including re-
to such terms and conditions as the Secretary of the imbursements to other Government accour!@,'
Treasury prexribes. Such notes or other obligations shall paid from the Fund. onl) tv the cttew pIrovideO for in
bear interest at a rate determined by the Secretary of the appropriation Acts. Sums in the Fund which arc not
Treasury on the basis of the current average market yield currenily needed for the purposes of subsections (c). (d).

Pubftt*d by THE BUREAU OF NATIONAL AFFAIRS. INC.. W*s:iirqton. D.C. 20037 47

71:8016 FEDERAL LAWS

and (f) shall be kept on deposit or invested in obligations INTERSTATE GRANTS
of, or guaranteed by, the United States. [309 revised by PL 96-464)
[308(h) amended by PL 99-2721 SEC. 309. (a) The coastal States are encouraged
to give high priority-
(i) The Secretary shall not intercede in any land use or (1) to coordinating State coastal zone planning.
water use decision of any coastal state with respect to the policies. and programs with respect to contiguous areas
siting of any energy facility or public facility by making of such States.
siting in a particular location a prerequisite to, or a con- (2) to studying, planning. and implementing unified
dition of, financial assistance under this section. coastal zone policies with respect to such areas. and
0) The Secretary may evaluate, and report to the (3) to establishing an effective mechanism, and
Congress, on the efforts of the coastal states and units of adopting a Federal-State consultation procedure, for the
local government therein to reduce or ameliorate adverse identification. examination, and cooperative resolution
consequences resulting from coastal energy activity and of mutual problems with respect to the marine and
on the extent to which such efforts involve adequate con- coastal areas which affect, directly or indirectly. the
sideration or alternative sites. applicable coastal zone.
The coastal zone activities described in paragraphs (1).
(k) To the extent that Federgl funds are available un- (2), and (3) of this subsection may be conducted
der. or pursuant to, any other law with respect to - pursuant to interstate agreements or compacts. The
(1) study and planning for which financial assistance may Secretary may make grants annually, in amounts not
be provided under subsection (bX4XB) and (cX]). or to exceed 90 percent of the cost of such activities. ir the
(2) public facilities and public services for which Finan- Secretary rinds that the proceeds of such grants will be
cial assistance may be provided under subsection used for purposes consistent with sections 305 and 306.
(bX4XB) and (d). the Secretary shall, to the extent prac- (b) The consent of the Congress is hereby given to
ticable, administer such subsections - two or more coastal States to negotiate, and to enter
(A) on the basis that the financial assistance shall be in into, agreements or compacts, which do not conflict with
addition to. and not in lieu of. any Federal funds which any law or treaty of the United States, ror-
any coastal state or unit of general purpose local govern- (1) developing and administering coordinated coastal
ment may obtain under any other law; and zone planning, policies, and programs pursuant to
sections 305 and 306: and
(B) to avoid duplication. (2) establishing executive instrumentalities or agencies
(1) As used in this section - which such States deem desirable for the effective
(1) The term 'retirement,' when used with respect to implementation of such agreements or compacts.
bonds, means the redemption in full and the withdrawal Such agreements or compacts shall be binding and
from circulation of those which cannot be repaid by the obligatory upon any State or party thereto without
issuing jurisdiction in accordance with the appropriate further approval by the Congress.
repayment schedule. (c) Each executive instrumentality or agency which
(2) The term 'unavoidable.* when used with respect to a is established by an interstate agreement or compact
loss of any valuable environmental or recreational pursuant to this section is encouraged to give high
resource. means a loss, in whole or in part - priority to the coastal zone activities described in
(A) the costs of prevention, reduction. or amelioration subsection (a). The Secretary, the Secretary of the
of which cannot be directly or indirectly attributed to. or interior, the Chairman of the Council on Environmental
assessed against, any identifiable person, and Quality, the Administrator of the Environmental Protec-
. (8) cannot be paid for with finds which are available tion Agency, the Secretary of the department in which
under, or pursuant to. any provision of Federal law other the Coast Guard is operating, and the Secretary of
than this section. Energy, or their designated representatives. shall partici-
(3) The term 'unit of general purpose local govern- pate ex officio on behalf of the Federal Government
ment' means any political subdivision of an coastal state whenever any such Federal-Statc consultation is rc-
y quested by such an instrumentality or agency. .
or any special entity created by such a state or subdivi- (d) If no applicable interstate agreement or compact
sion which (in whole or part) is located in. or has authori- exists, the Secretary may coordinate coastal zone
ty over, such state's coastal zone, and which (A) has activities described in subsection (a) and may make
authority to levy taxes or establish and collect user grants to assist any group of two or more coastal
fees. and (B) provides any public facility or public service States to create and maintain a temporary planning and
which is financed in whole or part by taxes or user fees. coordinating entity to carry out such activities. The

&ft*WWMM* Aspormw 48

S-763
COASTAL ZONE ACT 71:8017

amount of such grants shall not exceed 90 percent (2) is failing to make satisfactory progress in provid-
of the cost of creating and maintaining such an entity. Ing in its management program for the matters referred
The Federal officials specified in subsection (c), or to in section 306(i)(A) and (B).
their designated representatives, shall participate on [312(c) amended by PL 99-2721
behalf of the Federal Government, upon the request of
any such temporary planning and coordinating entity (d) 'The Secretary shall withdraw approval of the
for a Fedcral-Statc consultation. management program of any coastal state. and shall
(c) A coastal State is eligible to receive Financial withdraw anv financial assistance available to that
assistance under this section if such State meets the state under tl@is title as well as any unexpcnded portion
criteria established under section 308(g)(1). of such assistance, if the Secretary determines that the
RESEARCH AND TECHNICAL ASSISTANCE coastal state is failing to adhere to, is not justified in
FOR COASTAL ZONE MANAGEMENT deviating from (1) the management program approved
by the Secretary. or (2) the terms of any grant or
SEC. 310 [Repealed] Co'opcrative agreement funded under section' 306. and
[310 repealed by PL 99-272] refuses to remedy the deviation.
(e) Management program approval and financial
PUBLIC HEARINGS assistance may not be withdrawn under subsection (d).
SEC. 311. All public hearings required under this title unless the Secretary gives the coastal state notice of
must be announced at least thirty daN Is prior it) the hear- the proposed withdrawal and an opportunit% for a
ing date. At the time of the announcement. all agenc% I public hearing on the proposed action. Upon the with-
materials pertinent to the hearings. including documents. drawal of management program approval under this
studies. and other data. must be made available to the subsection (d), the Secretary shall provide the coastal
public for review and study. As similar materials are sub- state with written specifications of the actions that
sequcntly developed. they shall be made available to the should be taken. or not engaged in. by the state in
public as they become available to the agency. order that such withdrawal may be canceled by the
Secretary.
REVIEW OF PERFORMANCE (f) The Secretary shall carry out research on, and
[312 revised by PL 96-4641
offer technical assistance to the coastal states with
SEC. 312. (a) The Secretary shall conduct a con- respect to, those activities, projects. and other relevant
tinuing review of the performance of coastal states matters evaluated under this section that the Secretar%
with respect to coastal management. Each review shall considers to offer promise toward improving coastal
include a written evaluation with an assessment and zone management.
detailed rind ings'concer n I ng the extent to which the state
has implemented and enforced the program approved by (Editor's note: Section 9(b) of PL 96-464 provides:
the Secretary, addressed the coastal management needs -(b) Within two hundred and seventy days after
identified in section 303(2)(A) through (1). and the date of the enactment of this Act. the Secrctar-, . of
adhered to the terms of any grant, loan, or cooperative Commerce shall issue such regulations as may be
agreement funded under this title. necessary or appropriate to administer section 312 of
(b) For the purpose.of making the evaluation of a the Coastal Zone Management Act of 1972 (as
coastal state's performance. the Secretary shall conduct amended bv subsection (a)* of this section).-]
public meetings and provide opportunity for oral and
written comments by the public. Each such evaluation
shall be prepared in report form and the Secretary RECORDS ANDAUDIT
shall make copies thereof available to the public. SEC. 3 13. (a) Each recipient of a grant under this
(c) The Secretary shall reduce any financial as- title or of financial assistance under Sec. 308 shall
si3tance extended to any coastal state under section 306 keep such records as the Secretar\ shall prescribe.
(but not below 70 per centum of the amount that including records which fully disclos'e the amount and
would otherwise be available to the coastal state under disposition of the funds rccJved under the grant and of
such section for any year). and withdraw any unexpended the proceeds of such assistance. the total cost ofthe pro-
portion of such r4uction, if the Secretary determines J.ect or undertaking supplied by other sources. and such
that the coastal state- other records as will facilitate an effectiVe audit.
(1) is failing to make significant improvement in
achieving the coastal management objectives specified in
section 303(2)(A) through (I); or 'Suh%cction (ji rc%i.,ed Se%:tiun 312ofthis %ct.

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71:8018 FEDEAAL LAWS

(b) The Secretary and the Comptroller General ot'thc (8) the law of the coastal State provides long-term
United States. or any of their duly authorized represen- protection for reserve resources to ensure a stable envi-
tatives, shall - ronment for research;
( I ) after any grant is made under this title or any finan- (C) designation of the area as a reserve will serve to
is cial assistance is provided under section 308(d): and enhance public awareness and understanding of tstuar-
(2) until the expiration of 3 years after - ine areas, and provide suitable opportunities for public
(A) completion of the project. program. or other un- education and interpretation; and
dcrtaking for which such-grant was made or iised. or. (D) the coastal State in which the area is located has
(B) repayment of the loan or guaranteed indebtedness complied with the requirements of any regulations issued
for which such Financial assistance was provided. by the Secretary to implement this section.
have access for purposes of audit and examination to any (c) Estuarine Research Guidclines.-The Secretary
record. book, document, and paper which belongs to or is shall develop guidelines for the conduct of research
used or controlled by. any recipient of the grant fufids or within the System that shall include-
any person who entered into any transaction relating to (1) a mechanism for identifying, and establishing
such financial assistance and which is pertinent for pur- priorities among. the coastal management issues that
poses of determining if the grant funds or the proceeds of should be addrewd through coordinated research within
such financial assistance are being. or were, used in ac- the System;
cordance with the provisions of this title. (2) the establishment of common research principles
and objectives to guide the development of research
programs within the System;
ADVISORY COMMITTEE (3) the identification of uniform research methodolo-
gies which will ensure comparability of data. the broad-
SEC. 314. [Repealed] est application of research results, and the maximum use
(314 repealed by PL 99-272] of the System for research purposes,
(4) the establishment of performance standards upon
NATIONAL ESTUARINE RESERVE which the cffectiveness of the research efforts and the
RESEARCH SYSTEM value of reserves within the System in addressing the
coastal management issues identified in subsection (I
SEC. 315. (a) Establishment of the System.-Therc is may be measured; and
established the National Estuarine Reserve Rmarch (5) the consideration of additional sources of funds for
System (hereinafter refe"ed to in this section as the estuarine ?e=rch than the funds authorized under this
'System') that consists of- Act, and strategies for encouraging the use of such funds
(1) each estuarine sanctuary designated under this within the System, with particular emphasis on mecha-
section as in effect before the date of the enactment of nisms established under subsection (d).
the Coastal Zone Management Reauthorization Act of In developing the guidelines under this section. the
1985; and Secretary shall consult with prominent members of the
(2) each estuarine area designated as a national es- estuarine research community.
tuarine reserve under subsection (b). (d) Promotion and Coordination of Estuarine Rc-
Each estuarine sanctuary referred to in paragraph (1) is search.-The Secretary shall take such action as is
hereby designated as a national estuarine reserve. necessary to promote and coordinate the use of the
(b) Designation of National Estuarine Reserves.- System for research purposes including-
After the date of the enactment of the Coastal Zone (1) requiring that the National Oceanic and Atmo-
Management Reauthorization Act of 1985, the Secre- spheric Administration. in conducting or supporting es-
tary may designate an estuarine area as a national tuarine research give priority consideration to research
cstuafine reserve if- that uses the System; and
(I ) the Governor of the coastal State in which the (2) consulting with other Federal and State agencies
area is located nominates the area for that designation; to promote use of one or more reserves within the
and System by such agencies when conducting estuarine
(2) the Secretary finds that- research.
(A) the area is a representative estuarine ecosystem (e) Financial Assistance.-(I) The Sccretary may. in
that is suitable for long-term research and contributes to accordance with such rules and regulations as @he Secre.
the biogeographical and typological balance of the tary shall promulgate, make grants-
System-. (A) to a coastal State-

Efwwonnw" Peponw so

S-763
COASTAL ZONE ACT 71:8019

(i) for purposes of acquiring such lands and waters, consistent with the research guidelines developed under
and any property interests therein, as are necessary to subsection (c).
ensure he appropriate long-term management of an (g) Report.-The Secretary shall include in the report
area as a national estuarine reserve, required under section 316 information regarding-
(ii) for purposes of operating or managing a national (I) new designations of national estuarine reserves.
estuarine reserve and constructing appropriate reserve (2) any expansion of existing national estuarine
facilities. or reserves;
(iii) for purposes of conducting educational or inter- (3) the status of the research program being conduct-
pretive activities; and cd within the System, and
(B) to any coastal State or public or private person for (4) a summary of the evaluations made under subsec-
purposes of supporting research and monitoring within a tion M.
national estuarine reserve that are consistent with the 1315 amended by PIL 96-464; revised by PL 99-2721
research guidelines developed under subsection (c).
(2) Financial assistance provided under paragraph (1)
shall be subject to such terms and conditions as the COASTAL ZONE MANAGEM' ENT REPORT
Secretary considers necessary or appropriate to protect [316 head revised by PL 96-464)
the interests of the United States, including requiring SEC. 316. (a) The Secretary shall consult with the
coastal States to execute suitable title documents setting Congress on a regular basis concerning the administra-
forth the property interest or interests of the United tion of this title and shall prepare and submit to
States in any lands and waters acquired in whole or part the President for transmittal to the Congress a report
with such financial assistance. summarizing the administration of this title during each
(3)(A) The amount of the financial assistance pro- period of two consecutive fiscal years. Each report. which
vided under paragraph (1)(A)(i) of subsection (c) with shall be transmitted to the Congress not later than
respect to the acquisition of lands and waters, or inter- April I of the year following the close of the
ests therein. for any one national estuarine reserve may biennial period to which it ptrtains. shall include. but
not exceed an amount equal to 50 per centurn of the not be restricted to (1) an identification of the state
costs of the lands, waters, and interests therein or programs approved pursuant to this title during the
S4.000,000. whichever amount is less. preceding Federal fiscal year and a description of those
(B) The amount of the financial assistance provided programs; (2) a listing of the states participating in
under paragraph (1)(A)(ii) and (iii) and paragraph the provisions of this title and a description of the
(1)(B) of subsection (e) may not exceed 50 per centum status of each state's programs and its accomplishments
of the costs incurred to achieve the purposes described in during the preceding Federal fiscal year: (3) an itemiza-
those paragraphs with respect to a reserve. tion of the allocation of funds to the various coastal
(f) Evaluation of System Pcrformance.-(I) The Sec- states and a breakdown of the major projects and areas
retary shall periodically evaluate the operation and man- on which these funds were expended; (4) an idcritifi-
agement of each national estuarine reserve, including cation of any state programs which have been reviewed
education and interpretive activities, and the research and disapproved and a statement of the reasons for such
being conducted within the reserve. action; (5) a summarv of evaluation Findings prepared
(2) If evaluation under paragraph (I) reveals that the in accordance with subsection (a) of section-3 12. and a
operation and management of the reserve is deficient, or description of any sanctions imposed under subsections
that the research being conducted within the reserve is (c) and (d) of this section; (6) a listing of all activities
not consistent with the research guidelines developed and projects which, pursuant to the provisions of sub-
under subsection (c), the Secretary may suspend the section (c) or subsection (d) of section @67. are not
eligibility of that reserve for financial assistance under consistent With an applicable approved state manage-
subsection (e) until the deficiency or inconsistency is ment program; (7) a summary of the regulations issued
remedied. by the Secretary or in effect during the preceding
(3) The secretary may withdraw the designation of an Federal fiscal year; (8) a summary of a coordinated
cstuafine area as a national estuarine reserve if evalua- national strategy and program for the Nation's coastal
tion under paragraph (1) reveals that- zone including identification and discussion of Federal.
(A) the basis for any one or more of the findings made regional, state 'and local responsibilities and functions
under subsection (b)(2) regarding that area no longer therein: (9) a summary ofoutstanding problems arising
exists-, or in the administration of this title in order of priority:
(B) a substantial portion of the research conducted ( 10) a description of the economic, environmental. and
within the area, over a period of years, has not been social consequences of energy activity affecting the

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71:8= FEDERAL LAWS

coastal zone and an evaluation of the effectiveness of under sections 306 and 306A, to remain available until
financial assistance under section 308 in dealing with expended.
such consequences, (11) a description and evaluation [318(a)( I) revised by PL 99-2721
of applicable interstate and regional planning and (2) such sums, not to exceed $75,000,000 for each of
coordination mechanisms developed by the coastal the fiscal years occurring during the period beginning
states: (12) a summary and evaluation of the research. October 1. 1980, and ending September 30, 1988, as
studim and training conducted in support of coastal zone may be necessary for grants under section 308(b).
management: and (13) such other information as may [318(a)(2) deleted and (a)(3) redesignated as (2)
be appropriate. - by PL 99-2721
(316(a) amended by PL 96-4641
(b) The report required by subsection (a) shall contain (3) such sums, not to exceed S1,000.000 for the fiscal
such recommendations for additional legislation as the year ending September 30, 1986, and not to exceed
Secretary deems necessary to achieve the objectives of $1,500,000 for each of the fiscal years occurring during
this title and enhance its effective operation. the period beginning October 1, 1986, and ending Sep-
(c) (1) The Secretary shall conduct a systematic tember 30. 1990. as may be necessary for grants under
review of Federal programs. other than this title, that section 309. to remain available until expended:
affect coastal resources for purposes of identifying (4) such sums, not to exceed S2,500,000 for the fiscal
conflicts between the objectives and administration of year ending September 30. 1986, not to exceed
such programs and the purposes and policies of this S3,800,000 for the fiscal year ending September -30.
title. Not later than I year after the date of the enact- 1987, S4.500.000 for the fiscal year ending September
ment of this subsection. the Secretary shall notify each 30. 1988, S5.000.000 (or the fiscal year ending Septcm-
Federal agency having appropriate jurisdiction of any ber 30, 1989. and S5,500,000 for the fiscal year ending
conflict between its program and the purposes and September 30, 1990. as may be necessary for grants
policies of this title identified as a result of such review. under section 315. to remain available until expended;
(2) The Secretary shall promptly submit a report to and
the Congress consisting of the information required (5) such sums, not to exceed S3,300,000 for the fiscal
under paragraph (1) of this subsection. Such report year ending September 30, 1986, not to exceed
ihall include recommendations for changes necessary to S3,300.000 for the fiscal year ending September 30.
resolve existing conflicts among Federal laws and 1987, S3,300.000 for the fiscal year ending September
prognams that affect the uses of coastal resources. 30, 1988. $4.000,000 for the fiscaLyear ending Septem-
[316(c) added by PL 964641 bcr 30, 1989, and S4.000,006 for the fiscal year ending
September 30. 1990. as may be necessary for adminis-
RULES AND REGULATIONS trative expenses incident to the administration of this
SEC 317. The Secretary shall develop and promulgate, title.
pursuant to section 553 of title 5. United States Code. [3 18(a)(4)-(6) revised and redesignated
ijftcr notice and opportunity for full participation by rele- as (3)-(5) by PL 99-2721
vant Federal agencies. state agencies. local governments.
regional organizations. port authorities. and other in-
terested parties. both public and private, such rules and (b) There are authorized to be appropriated until
regulations as may be necessary to carry out the October 1. 1986, to the Fund. such sums. not to exceed
provisions of this title. S800,000,000. for the purposes of carrying out the
provisions of section 308, other than subsection (t). of
AUTHORIZATION OF APPROPRIATIONS which not to exceed S 150,000.000 shall be for purposes
SEC. 3 IS. (u) There arc authorized to be appropriated of subsections (c)( I ). (c)(2) and (c)(3) of such
to the Secretary - section.
13 1 8(a) revised by PL 96-4641 [318(b) amended by PL 96464)
(c) Federal funds received from other sources shall
(1) such sums, not to exceed $35,000,000 for the fiscal not be used to pay a coastal state's share of costs under
year ending September 30, 1986, not to exceed section 306 or 309.
$36.600,000 for the fiual year ending September 30, [318(c) amended by PL 96-4641
1987, $37,900,00 for the fiscal year ending September [Editor's note.- In addition to amending existing sec-
30, 1988, $38,800,000 for the fiscal year ending Septem- tions of the Coastal Zone Management Act of 1972 and
ber 30. 1989. and $40,600,000 for the fiscal year ending adding new sections to the Act. PL 94-370 includes the
September 30, 1990, as may be necessary for grants following sections:]

Envwonnw" PAKXXW S2

S-763
COASTAL ZONE ACT 71:8021

SEC. /5. ADMINISTRATION the same date and to each House of the Congress while
(a) [Repealed by PL 95-2191 it is in session. Such Final rule shall be referred to the
(b) (Superseded by subsection (b) of PL 95-219. Committee on Commerce, Science. and Transportation
See editor's note below.1 of the Senate and to the Committee on Merchant
Marine and Fisheries of the House. respectively.
(c) [Repealed by PL 99-2721 (2) Any such final rule shall become effective in
accordance with its terms unless, before the end of the
SEC /0. SHELLFISH SANITA TION REGULA- period of sixty calendar days of continuous session.
TIONS. after the date such final rule is submitted to the Congress.
(a) The SeLretary ol'Cummerce shall - both Houses of the Congress adopt a concurrent resolu-
tion disapproving such final rule.
1) undertake a comprehensive review of all aspects of
the molluscan shellfish industry. including. but not (b) (1) The provisions of this subsection are
limited to. the harvesting. processing. and transportation enacted by the Congress-
of' such shellfish; and (A) as an exercise in the ruiemaking power of the
(2) evaluate the impact of' Federal law concerning
water quality on the molluscan shellfish industry. House of Reprewntatives and as such they are deemed
a part of the Rules of the House of R@presentatives
The Secretary ofCommerce shall. not later than .-%prII but applicable only with respect to the procedure to be
30. 1977. submit a report to the Congress of the findings
comments. and recorn mendat ions (if any) which result followed in the H@use of Representatives in the case of
frorn such revic%% and evaluation. concurrent resolutions which are subject to this section.
(b) The Secrctarv of Health. Education. and Welfare and such provisions supersede other rules only to the
extent that they are inconsistent with such other rules:
shall not promulgate final regulations concerning the and
national shellfish safety program before June 30. 1977 * (8) with full recognition of the constitutional right
At least 60 days prior to the promulgation of any such of either House to change the rules (so far as relatine
regulations. the Secretary of Health. E Iducation. and to the procedure of that House) at any time in the sarn@
Welfare. in consultation with the Secretar% ofCommerce.
manner and to the same extent as in the case of an%
shall publish an analysis ( 1) of' the economic impact
1 0 other rule of that House.
such rcuulations on the domestic shellfish lndustr\. and (2) Anv concurrent resolution disapproving a Final
(2) the cost of such national shellfish safety program
relative to the benefits that it is expected to'achieve. rule of the Secretary shall. upon introduction or receipt
from the other House of the Congress, be referred
[Edi(or's note.- In addition to repealing Section 15(a) immediately b the presiding officer of such House to
. y
of PL 94-370, subsection (b) of PL 95-219 amended the Committee on Commerce. Science. and Transporta-
Section 5316 of Title 5, United States Code as follows: tion of the Senate or to the Committee on Merchant
-(140) Assistant Administrator for Coastal Zone Marine and Fisheries of the House. as the case may be.
Management. National Oceanic and Atmospheric Ad- (3) (A) When a committee has reported a con-
ministration. current resolution. it shall be at any time thereafter in
(141) Assistant Administrator for Fisheries. National order (even though a previous motion to the same effect
Oceanic and Atmospheric Administration. has been disagreed to ') to move to proceed to the con-
(142) Assistant Administrators (3). National Oceanic sideration of the concurrent resolution. The motion
and Atmospheric Administration. shall be highly privileged in the House of Representa-
(143) General Counsel, National Oceanic and tives. and shall not be debatable. An amendment to
Atmospheric Administration."] such motion shall not be in order, and it shall not be
in order to move to reconsider the vote bv which the
fEditur's note.- Sections 2 through I I and 13 of motion was agreed to or disagreed to.
PL 96-464 amended and have been incorporated into the (B) Debate in the House of Representatives on the
existing language of' this .\ct. Section 12 of PL 96-464 concurrent resolution shall be limited to not more than
follows:) ten hours which shall be divided equal[\ between those
favoring and those opposing such concurrent resolution
SEC 12. CONGRESSIONAL DISAPPROVAL and a motion further to limit debate shall not be
PROCEDURE. debatable. In the House of Representati%es. an amend-
(a) (1) The Secretary. after promulgating a final ment to. or motion to recommit. ifte concurrent
rule. shall submit such final rule to the Congress for resolution shall not be in order. and it shall not be
review in accordance with this section. Such final rule in order to move to reconsider the vote h% which such
shall be delivered to each House of the Congress on concurrent resolution was agreed to or disagreed to.

S-16416 Put*Vwd by THE BUREAU OF NAMNAL AFFAIRS. INC.. W&SHM9tOM O.C 20037 53

71:8022 FEDERAL LAWS

(4) Appeals from the decision of the Chair relating shall be reviewablc by appeal directly to the Supreme
to the application of the rules of the House of Rcprc- Court of the United States. Such appeal shall be brought
sentatives to the procedure relating to a concurrent not later than twenty days after the decision of the
resolution shall be decided without debate. court of appeals.
(5) Notwithstanding any other provision of this (3) [Repealcd]
subsection, if a House has approved a concurrent
resolution with respect to any final rule of the 12(c)(3) repealed by PL 98-6201
Secretary, then it shalt not be in order to consider in
such House any other concurrent resolution with respect (f) (1) For purposes of this section-
to the same final rule. (A) continuity of session is'broken only by an ad-
(c) (1) If a final rule of the Secretary is disapproved journment sine die: and
by the Congress under subsection (a)(2), then the (B) days on which the House of Representatives is
Secretary may promulgate a final rule which relates not in session because of an adjournment of more
to the same acts or practices as the final rule disapproved than five days to a day certain are excluded in
by the Congress in accordance with this subsection. the computation of the pc-riods specified in subsection
Such final rule- (a)(2) and subsection (b).
(A) shall be based upon- (2) If an adjournment sine die of the Congress
(i) the rulemaking record of the final rule dis- occurs after the Secretary has submitted a final rule
approved by the Congress; or under subsection (aX 1), but' such. adjournment occurs-
(ii) such rulemaking record and the record cstab-
lished in supplemental rulcmaking proceedings con- (A) before the end of the period specified in
ducted by the Secretary in accordance with section 553 of subsection (aX2), and
title 5. United States Code, in any case in which the (B) before any action necessary to disapprove the
Secretary determines that it is necessary to supplement final rule is completed under subsection (a)(2):
the existing rulemaking record, and then the Secretary shall be required to resubmit the
(B) may contain such changes as the Secretary final rule involved at the beginning of the next regular
considers necessary or appropriate. session of the Congress. The period specified in sub-
(2) The Secretary after promulgating a Final rule section (a)(2) shall begin on the date of such resub-
under this subsection, shall submit the final rule to the mission.
Congress in accordance with subsection (a)(1). (g) For purposes of this section:
(d) Congressional inaction on, or rejection of a (1) The term "Secrctarv" means the Secretary of*
concurrent resolution of disapproval under this section Commerce.
shall not be construed as an expression of approval (2) The term "concurrent resolution" means a con-
of the final rule involved, and shall not be construed current resolution the matter after the resolving clause
to create any presumption of validity with respect to of which is as follows: "That the Congress disapproves
such final rule. the final rule promulgated by the Secretary of Commerce
(c) (1) Any interested party may institute such dealing with the matter of wiiich final rule
actions in the appropriate district court of the United was submlittcd to the Congress on (The
States. including actions for declaratory judgment, as
may be appropriate to construe the constitutionality blank spaces shall be Filled appropriatelv.)
of any provision of this section. The district court (3) The term "rule" means any' rule promulgated
immediately shall certify all questions of the consti- by the Secretary pursuant to the Coastal Zone Manage-
tutionality of this section to the United States court merit Act (16 U.S.C. 1450 ct. seq.).
of appeals for the circuit involved, which shall hear (h) The provisions of this section shall take effect
the matter sitting en banc. on the date of the enactment of this Act and shall
(2) Notwithstanding any other provision of law, any cease to have any force or effect after September 30.
decision on a matter certified under paragraph (1) 1985.

Envirormom ftporw 54

a -, - W-

0
L
j7G@

Key Players

APPENDIX B

KEY PIAYERS

Key Players are people whose names and phone numbers may be needed
in reference to the Alaska Coastal Management Program. Key Players
include coastal management staffs from the Division of Governmental
Coordination (DGC) and other state agencies, Coastal Policy Council
members, and district coastal coordinators. The bold subheadings
in the following tables correspond to the geographical regions
shown on Figures VIII-B.1 and VIII-B.2.

Table VIII-B.1 Coastal Policy Council Members and Alternates
Table VIII-B.2 Coastal District Coordinators
Table VIII-B.3 DGC Coastal Management Staff Contacts by District
Table VIII-B.4 Department of Community and Regional Affairs
(DCRA) Coastal Management Staff by District
Table VIII-B.5 State of Alaska Resource Agency Contacts by
Region
Figure VIII-B.1 Coastal management regions (for determining which
coastal staff to contact, based on location of
proposed project)
Figure VIII-B.2 Agency regions (for determining which state or
federal staff to contact, based on location of
proposed project)

B-1
September 1988

Northwest Alaska

Bering Straits

Upper Cook Inlet

Prince William
a Sound

Lower Cook Inlet

Southwest Alaska
Northern-/
Southeast Alaska

Kodiak- Aleutians Southern Southeast Alaska

COASTAL Figure
MANAGEMENT REGIONS 3M-8.1

TABLE VIII-B.1

ALASKA COASTAL POLICY COUNCIL MEMBERS AND ALTERNATES

LOCAL REPRESENTATIVES

NOTE: The date in parentheses LjRper Cook inlet Regio
beside each member's name indicates
the expiration date of his or her Mr. Joseph Evans (9/88)
CPC term. Provided they retain Anchorage Assembly
their local elective office, 4741 Southpark Bluff Drive
public members serve until a Anchorage, Alaska 99516
replacement is appointed.
Alternate:
Northwest Region
Mr. Craig Campbell
The Honorable Willie Goodwin, Jr. Anchorage Assembly
(9/88) 18324 Parkview Terrace Loop
Mayor, City of Kotzebue Eagle River, Alaska 99577
P.O Box 334
Kotzebue, Alaska 99752 Kodiak-Aleutians Regio

Alternate: Vacant The Honorable Alex Samuelson
(9/89)
Bering Straits Regio Mayor, City of King Cove
P.O. Box 37
Mr. Johnson Eningowuk (9/89) King Cove, Alaska 99516
Shishmaref City Council
P.O. Box 72009 Alternate: Vacant
Shishmaref, Alaska 99772
Lower Cook Inlet Region
Alternate:
Mr. John L. Crawford (9/89)
The Honorable Tim Towarak Kenai Borough Assembly
Mayor, City of Unalakleet Drawer M
P.O. Box 89 Seldovia, Alaska 99663
Unalakleet, Alaska 99684
Alternate:
Southwest Region
Ms. Betty Glick
Ms. Cheryl (Chow) Taylor (9/88) Kenai Borough Assembly
Dillingham City Council Box 528
P.O. Box 10051 Kenai, Alaska 99611
Dillingham, Alaska 99576
Prince William Sound
Alternate:
Mr. George Maykowskyj (9/88)
Mr. Harry Wilde, Sr. Valdez City Council
Mountain Village City Council P.O. Box 307
P.O. Box 32085 Valdez, Alaska 99686
Mountain Village, Alaska 99559

B-3
September 1988

TABLE VIII-B.1 (Continued)

ALASKA COASTAL POLICY COUNCIL MEMBERS AND ALTERNATES

LOCAL REPRESENTATIVES

Alternate: Southern S.E. Region

The Honorable Georgia Buck Dennis L. McCarty, Esq. (9/89)
Mayor, City of Whittier Ketchikan Gateway Borough
P.O. Box 608 320 Bawden Street, #309
Whittier, Alaska 99693 Ketchikan, Alaska 99901

Northern Southeast Region Alternate:

The Honorable Lawrence E. Powell The Honorable Donald James, Sr.
(9/89) Mayor, City of Kake
Mayor, City of Yakutat P.O. Box 500
P.O. Box 159 Kake, Alaska 99830
Yakutat, Alaska 99689

Alternate: Vacant

STATE REPRESENTATIVES

Division of Governmental Department of Community and
Coordination Regional Affairs

Mr. Robert L. Grogan, Director The Honorable David Hoffman,
P.O. Box AW (MS 0165) Commissioner
Juneau, Alaska 99811 P.O. Box B (MS 2100)
(907) 465-3562 Juneau, Alaska 99811
(907)465-4700
Alternate: Vacant
Alternate:
Department of Commerce and Economic
Development Ms. Marty Rutherford, Director
Municipal and Regional
The Honorable Anthony Smith, Assistance Division
Commissioner 949 East 36th Ave., Suite 404
P.O. Box D (MS 0800) Anchorage, Alaska 99508
Juneau, Alaska 99811 (907) 561-8586
(907) 465-2500
Department of Environmental
Alternate: Conservation

Mr. John Williams, Deputy The Honorable Dennis Kelso,
Commissioner Commissioner
P.O. Box D (MS 0800) P.O. Box 0 (MS 1800)
Juneau, Alaska 99811 Juneau, Alaska 99811
(907) 465-2500 (907) 465-2600

B-4
September 1988

TABLE VIII-B.1 (Continued)

ALASKA COASTAL POLICY COUNCIL MEMBERS AND ALTERNATES

STATE REPRESENTATIVES (Continued)

Alternate: Alternate:

Ms. Amy Kyle, Deputy Commissioner Ms. Lennie Gorsuch, Deputy
P.O. Box 0 (MS 1800) Commissioner
Juneau, Alaska 99811 P.O. Box M (MS 1000)
(907) 465-2600 Juneau, Alaska 99811
(907) 465-2400
Department of Fish and Game
Department of Transportation and
The Honorable Don Collinsworth, Public Facilities
Commissioner
P.O. Box 3-2000 (MS 1100) The Honorable Mark Hickey,
Juneau, Alaska 99802 commissioner
(907) 465-4100 P.O. Box Z (MS 2500)
Juneau, Alaska 99811
Alternate: (907) 465-3900

Mr. Norman A. Cohen, Deputy Alternate:
Commissioner
P.O. Box 3-2000 (MS 1100) Mr. Jeffrey Ottesen, Director
Juneau, Alaska 99802 Engineering and operation
(907) 465-4100 P.O. Box Z (MS 2500)
Juneau, Alaska 99811
Department of Natural Resources (907) 465-2951

The Honorable Judith Brady,
Commissioner
P.O. Box M (MS 1000)
Juneau, Alaska 99811
(907) 465-2400

B-5
Septwber 1988

TABLE VIII-B.2

COASTAL DISTRICT COORDINATORS

NORTHWEST REGION SOUTHWEST REGION

North Slope Borough Bristol Bay Borough

Ms. Karla Kolash, ACMP Coordinator Mr. Dale Peters
North Slope Borough Bristol Bay Borough
P.O. Box 69 P.O. Box 189
Barrow, Alaska 99723 Naknek, Alaska 99633
PROFS: ZCKCNSB Phone: 246-4224
Phone: 852-2611
City of Bethel
Northwest Arctic Borough
Ms. Suzanne Little, Planner
Mr. Jason Jessup City of Bethel
Planning Director P.O. Box 388
Northwest Arctic Borough Bethel, Alaska 99559
P.O. Box 1110 Phone: 543-4456
Kotzebue, Alaska 99752
Phone: 442-2500 Bristol Bay Coastal Resource
Service Area

BERING STRAITS REGION Ms. Sue Flensburg
Bristol Bay CRSA
City of Nome P.O. Box 3110
Dillingham, Alaska 99576
Ms. Polly Prchal, City Manager PROFS: ZCECBRB
City of Nome Phone: 842-2666
P.O. Box 281
Nome, Alaska 99762 Cehaliulriit (Yukon-Kuskokwim)
Phone: 443-5242 Coastal Resource Service Area

Bering Straits Coastal Resource- Ms. Anna Phillip
Service Area Coastal Management Coordinator
Cefialiulriit CRSA
Mr. Bryan MacLean, Program Director P.O. Box 1169
c/o City of Unalakleet Bethel, Alaska 99559
Box 28 PROFS: ZCACCEN
Unalakleet, Alaska 99684 Phone: 543-2243
PROFS: ZCGCBRS
Phone: 624-3062

B-6
September 1988

TABLE VIII-B.2 (Continued)

COASTAL DISTRICT COORDINATORS

KODIAK-ALEUTIANS REGION UPPER COOK INLET REGION

Kodiak Island Borough Municipality of Anchorage

Ms. Linda Freed, Director Mr. Mark Dalton
Community Development Department Department of Economic Develop-
Kodiak Island Borough ment and Planning
P.O. Box 1246 Municipality of Anchorage
Kodiak, Alaska 99615-6340 P.O. Box 196650
Phone: 486-5736 Anchorage, Alaska 99519-6650
PROFS: ZCCCANC
Aleutians East Borough Phone: 343-4252

Ms. Marjorie Dunaway Matanuska-Susitna Borough
Aleutians East CRSA
P.O. Box 349 Mr. Claud Oxford
Sand Point, Alaska 99661 Planning Department
PROFS: ZCJCALE Matanuska-Susitna Borough
Phone: 383-2699 P.O. Box 1608
Palmer, Alaska 99645
Aleutians West Coastal Resource PROFS: ZCRCMSB
Service Area Phone: 745-9669

Mr. Darcy Lockhart
Aleutians West CRSA LOWER COOK INLET REGION
P.O. Box 100460
Anchorage, Alaska 99510-0460 Kenai Peninsula Borough
Phone: 276-7569
PROFS: ZCGCAWC Ms. Sylvia Spearow
Kenai Peninsula Borough
City of St. Paul P.O. Box 850
Soldotna, Alaska 99669
Mr. Vern McCorkle, City Manager PROFS: ZCQCKPB
City of St. Paul Phone: 262-4441
P.O. Box 29
St. Paul, Alaska 99660
Phone: 546-2331 PRINCE WILLIAM SOUND REGION

City of Cordova

Mr. Donald Moore
City Manager
City of Cordova
P.O. Box 1210
Cordova, Alaska 99574
Phone: 424-6300

B-7
September 1988

TABLE VIII-B.2 (Continued)

COASTAL DISTRICT COORDINATORS

City of Valdez City and Borough of Juneau

Ms. Pam Ulvestad Ms. Karen Boorman/
City of Valdez Mr. Murray Walsh
P.O. Box 307 Planning Department
Valdez, Alaska 99686 City and Borough of Juneau
Phone: 835-4313 155 South Seward Street
Juneau, Alaska 99801
City of Whittier Phone: 586-5235

Mr. Doug Bolle City of Kake
City of Whittier
P.O. Box 608 Mr. Bill Cheney
Whittier, Alaska 99693 Coastal Coordinator
Phone: 472-2330 City of Kake
P.O. Box 500
Kake, Alaska 99830
NORTHERN SOUTHEAST REGION PROFS: ZCCCKAK
Phone: 785-6448
City of Angoon
City of Pelican
Ms. Pauline Johnson
ACMP Coastal Coordinator Ms. Jenny Weaver
P.O. Box 189 Coastal Planner
Angoon, Alaska 99820 City of Pelican
Phone: 788-3653 P.O. Box 733
Pelican, Alaska 99832
City of Haines Phone: 735-2202

Mr. Walt Wilcox City and Borough of Sitka
City Administrator
City of Haines Mr. Stuart Denslow
P.O. Box 1049 City Administrator
Haines, Alaska 99827 City and Borough of Sitka
Phone: 766-2231 304 Lake Street
Sitka, Alaska 99835
Phone: 747-3294
City of Hoonah
City of Skacrway
Ms. Sharon Parks, Clerk
City of Hoonah Mr. Thomas Healy, City Manager
P.O. Box 360 City of Skag-way
Hoonah, Alaska 99829 P.O. Box 415
Phone: 945-3663 Skagway, Alaska 99840
Phone: 983-2297

B-8
September 1988

TABLE VIII-B.2 (Continued)

COASTAL DISTRICT COORDINATORS

City of Yakutat City of Klawock

Ms. Cheryl Easterwood, Planner Mr. Al Macasaet, Sr.
City of Yakutat City of Klawock
P.O. Box 6 P.O. Box 113
Yakutat, Alaska 99689 Klawock, Alaska 99925
Phone: 784-3323 Phone: 755-2261

SOUTHERN SOUTHEAST REGION

Annette Islands Indian Reserve
(Metlakatla)

Mr. Gordon Thompson
Natural Resources Department
Metlakatla, Alaska 99926
Phone: 886-5111

City of Craig

Ms. Rochelle Rollenhagen
City Planner
City of Craig
P.O. Box 23
Craig, Alaska 99921
PROFS: ZCVCCRG
Phone: 826-3273

City of Hydaburg

Mr. Adrian LeCornu
City Administator
City of Hydaburg
P.O. Box 49
Hydaburg, Alaska 99922
Phone: 285-3793

Ketchikan Gateway Borough

Mr. Bill Jones, Planning Director
Ketchikan Gateway Borough
334 Front Street
Ketchikan, Alaska 99901
PROFS: ZCHCKET
Phone: 225-6151

B-9
Septwber 1988

TABLE VIII-B.3

DEPARTMENT OF GOVERNMENTAL COORDINATION
COASTAL MANAGEMENT STAFF CONTACTS
BY DISTRICT

NORTHWEST REGION

North SIORe Borough Aleutians East Borough
Northwest Arctic Borough
Jan Caulfield
Jan Caulfield Coastal Program Coordinator
Coastal Program Coordinator PROFS; GCHCJCM
PROFS: GCHCJCM Phone: 465-3562
Phone: 465-3562
Aleutians West CRSA,
City of St. Paul
BERING STRAITS REGION
Joaqlin Estus
City of Nome PROFS: GCHCJME
Bering Straits CRSA Phone: 465-3562

Nancy Holguin
PROFS: GCHCNAH UPPER COOK INLET REGION
Phone: 465-3562
Municipality of Anchorage
Matanuska-Susitna Borough
SOUTHWEST REGION
Nancy Holguin
Bristol Bay Borough PROFS: GCHCNAH
Bristol Bay CRSA Phone: 465-3562

Sara Hunt
PROFS: GCHCSLH LOWER COOK INLET REGION
Phone: 465-3562
Kenai Peninsula Borough
City of Bethel
Cefialiulriit (Yukon-Kuskokwim)- Nancy Holguin
CRSA PROFS: GCHCNAH
Phone: 465-3562
Joaqlin Estus
PROFS: GCHCJME
Phone: 465-3562 PRINCE WILLIAM SOUND REGION

City of Cordova
KODIAK - ALEUTIANS REGION City of Valdez
City of Whittier
Kodiak Island Borough
Sara Hunt
Sara Hunt PROFS:
PROFS: Phone: 465-3562
Phone: 465-3562

B-10
September 1988

TABLE VIII-B.3 (Continued)

DEPARTMENT OF GOVERNMENTAL COORDINATION
COASTAL MANAGEMENT STAFF CONTACTS
BY DISTRICT

NORTHERN SOUTHEAST REGION

City of Angoon
City and Borough of Juneau
City of Kake
City of Pelican

Sara Hunt
PROFS:
Phone: 465-3562

City of Haines
City of Hoonah
City and Borough of Sitka
City of Skagway
City of Yakutat

Joaqlin Estus
PROFS: GCHCJME
Phone: 465-3562

SOUTHERN SOUTHEAST REGION

Annette Islands Indian Reserve
(Metlakatla)
city of Craig
City of Hydaburg
Ketchikan Gateway Borough
City of Klawock

Nancy Holguin
PROFS: GCHCNAH
Phone: 465-3562

B-11
Septwiber 1988

TABLE VIII-B.4

DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS
COASTAL MANAGEMENT STAFF
BY DISTRICT

NORTHWEST REGION KODIAK-ALEUTIANS REGION

North Slope Borough Kodiak Island Borough

Diane Stevens Tom Peterson
Fairbanks Kodiak
Phone: 452-7126 Phone: 486-7536

Northwest Arctic Borough Aleutians East CRSA

Clovis Bowles John Gliva
Nome Anchorage
Phone: 443-5457 Phone: 561-8586
PROFS: JTLC 358

BERING STRAITS REGION Aleutians West CRSA

City of Nome Christy Miller
Bering Straits CRSA Anchorage
Clovis Bowles Phone: 561-8586
Nome
Phone: 443-5457 UPPER COOK INLET REGION

Municipality of Anchorage
SOUTHWEST REGION
Dave Tremont
Bristol Bay Borough Anchorage
Bristol Bay CRSA Phone: 561-8586
PROFS: JTLC358
Chow Taylor
Dillingham Matanuska-Susitna Borough
Phone: 842-5135
Christy Miller
City of Bethel Anchorage
Cefialiulriit (Yukon-Kuskowim) Phone: 561-8586
QRSA PROFS: JTLC358

Jim Duffy LOWER COOK INLET REGION
Bethel
Phone: 543-3475 Kenai Peninsula Borough

Tom Peterson
Kodiak
0 Phone: 486-7536

B-12
September 1988

TABLE VIII-B.4 (Continued)

DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS
COASTAL MANAGEMENT STAFF
BY DISTRICT

PRINCE WILLIAM SOUND SOUTHERN SOUTHEAST REGION

City of Cordova Annette Islands Indian Reserve
City of Valdez (Metlakatla)
City of Whittier

John Gliva city of Craig
Anchorage Ketchikan Gateway Borough
Phone: 561-8586 City of Klawock
PROFS: JTLC358
Peter Freer
NORTHERN SOUTHEAST REGION Juneau
Phone: 465-4750
City of Haines PROFS: JTLC308
City of Pelican

Tom Lane
Juneau
Phone: 465-4750
PROFS: JTLC301

City of Angoon
City and Borough of Juneau
City of Kake
City of Hoonah
City and Borough of Sitka
City of Skagway
City of Yakutat

Peter McKay
Juneau
Phone: 465-4750
PROFS: JTLC304

B-13
September 1988

Northern Region

Southcentral Regi on 0

'Southeast Region

AGENCY REGIONS Figure
3X-13.2

TABLE VIII-B.5

STATE OF ALASKA RESOURCE AGENCY CONTACTS
BY REGION

SOUTHEAST REGION

DEPARTMENT OF NATURAL RESOURCES All Other Activities

Oil and Gas Activities Southeast District Office
DNR/Land and Water Management
DNR/Oil and Gas 400 Willoughby Ave.
Box 107034 Juneau, Alaska 99801-1796
Anchorage, Alaska 99510-7034 (907) 465-3400
(907) 762-2547 CONTACT: Andy Pekovitch
CONTACT: Bill Van Dyke
DEPARTMENT OF FISH AND GAME
Mining Activities
Habitat Division
DNR/Mining
Box 107016 Department of Fish and Game
Anchorage, Alaska 99510-7016 P.O. Box 20
(907) 762-2163 Douglas, Alaska 99824-0020
CONTACT: Jerry Gallagher (907) 465-4290, 465-4291
CONTACT: Janet Hall
Forestry Activities RESPONSIBLE FOR: Haines,
Juneau, Skacjway
DNR/Forestry
400 Willoughby Ave. Department of Fish and Game
Juneau, Alaska 99801-1796 P.O. Box 667
(907) 465-2491 Petersburg, Alaska 99833
CONTACT: Jim McAllister (907) 772-3801
CONTACT: Don Cornelius
Agriculture Activities RESPONSIBLE FOR: Kake,
Petersburg, Wrangell
DNR/Agriculture
915 S. Bailey Department of Fish and Game
P.O. Box 949 2030 Sealevel Drive, Room 205
Palmer, Alaska 99645-0949 Ketchikan, Alaska 99901
(907) 745-7200 (907)225-2027
CONTACT: Mark Weaver CONTACT: Jack Gustafson
RESPONSIBLE FOR: Craig,
Activities on State Park Lands Hydaburg, Klawock,
Ketchikan
DNR/Parks
400 Willoughby Ave. Department of Fish and Game
Juneau, Alaska 99801-1796 State Office Building
(907) 465-4563 P.O. Box 510
CONTACT: Linda Kruger Sitka, Alaska 99835
(907)747-5828
CONTACT: Dave Hardy
RESPONSIBLE FOR: Angoon,
Hoonah, Pelican, Sitka

B-15
September 1988

TABLE VIII-B.5 (Continued)

STATE OF ALASKA RESOURCE AGENCY CONTACTS
BY REGION

Hatchery Permits DIVISION OF GOVERNMENTAL
COORDINATION
DFG/FRED Division
1255 West Eighth Street Division of Governmental
P.O. Box 3-2000 Coordination
Juneau, Alaska 99802-2000 Pouch AW
(907) 465-4160 431 N. Franklin Street
CONTACT: Jerry Madden Juneau, Alaska 99811-0165
Kevin Duffy (907) 465-3562
CONTACT: Diane Mayer
Lorraine Marshall
DEPARTMENT OF ENVIRONMENTAL
CONSERVATION

DEC/Southeast Office
P.O. Box 2420
9000 Old Glacier Highway
Juneau, Alaska 99803
(907) 789-3151
CONTACT: Dick Stokes

SOUTHCENTRAL REGION

DEPARTMENT OF NATURAL RESOURCES
Agriculture Activities
Oil and Gas Activities
DNR/Agriculture
DNR/Oil and Gas 915 S. Bailey
Box 107034 P.O. Box 949
Anchorage, Alaska 99510-7034 Palmer, Alaska 99645
(907) 762-2547 (907) 745-7200
CONTACT: Bill Van Dyke CONTACT: Dean Brown

Mining Activities Activities on State Park Lands

DNR/Mining DNR/Parks
Box 107016 Box 107001
Anchorage, Alaska 99510-7016 Anchorage, Alaska 99510-7001
(907) 762-4222 (907) 762-4565
CONTACT: Jerry Gallagher CONTACT: Al Meiners

Forestry Activities

DNR/Forestry
Box 107005
Anchorage, Alaska 99510-7005
(907) 762-2123
CONTACT: Dan Ketchum

B-16
Septeffber 1988

TABLE VIII-B.5 (Continued)

STATE OF ALASKA RESOURCE AGENCY CONTACTS

All Other Activities Hatchery Permits

Public Information DFG/FRED Division
Southcentral District Office 1255 W. Eight Street
DNR/Land and Water Management P.O. Box 3-2000
Box 107005 Juneau, Alaska 99802-2000
Anchorage, Alaska 99510-7005 (907)465-4160
(907) 762-2270 CONTACT: Jerry Madden
CONTACT: Janetta Pritchard Kevin Duffy

DEPARTMENT OF FISH AND GAME DEPARTMENT OF ENVIRONMENTAL
CONSERVATION
DFG/Habitat Division
333 Raspberry Road DEC/Southcentral Office
Anchorage, Alaska 99518-1599 437 E Street, Second Floor
CONTACT: Phil Brna Anchorage, Alaska 99501
RESPONSIBLE FOR:Kenai, Anch. (907) 274-2533
CONTACT: Tim Rumfelt
CONTACT: Gary Liepitz
RESPONSIBLE FOR:Cordova, Valdez
(907) 267-2284 DIVISION OF GOVERNMENTAL
COORDINATION
CONTACT: Wayne Dolezal
RESPONSIBLE FOR:Aleutians East, Division of Governmental
Aleutians West, Bristol Bay CRSA, coordination
Cenaliulriit, Bethel, Kodiak) 2600 Denali Street, Suite 700
Anchorage, Alaska 99503-2798
CONTACT: Cevin Gilleland
RESPONSIBLE FOR: Matanuska-
Susitna Borough

NORTHERN REGION

DEPARTMENT OF NATURAL RESOURCES Mining Activities

Oil and Gas Activities DNR/Mining
Box 107016
DNR/Oil and Gas Anchorage, Alaska 99510-7016
Box 107034 (907) 762-4222
Anchorage, Alaska 99510-7034 CONTACT: Jerry Gallagher
(907) 762-2547
CONTACT: John Wharam

B-17
September 1988

TABLE VIII-B.5 (Continued)

STATE OF ALASKA RESOURCE AGENCY CONTACTS

Forestry Activities CONTACT: Carl Hemming, CRSA
RESPONSIBLE FOR: Bering Straits,
DNR/Forestry Nome, North Slope Borough
Box 107005
Anchorage, Alaska 99510-7005 CONTACT: Matt Robus (Red Dog)
(907) 762-4500 Al Townsend (placer)
CONTACT: Dan Ketchum RESPONSIBLE FOR: Northwest
Arctic Borough
Agriculture Activities
Hatchery Permits
DNR/Agriculture
915 S. Bailey DFG/FRED Division
P.O. Box 949 1255 West Eighth Street
Palmer, Alaska 99645 P.O. Box 3-2000
(907) 745-7200 Juneau, Alaska 99802-2000
CONTACT: Mark Weaver (907) 465-4160
CONTACT: Jerry Madden
Activities on State Park Lands Kevin Duffy

DNR/Parks
4418 Airport Way DEPARTMENT OF ENVIRONMENTAL
Fairbanks, Alaska 99709 CONSERVATION
(907) 479-4136
CONTACT: Al Meiners DEC/Northern Office
Dave Snarski 1001 Noble Street, Suite 350
Fairbanks, Alaska 99701
All Other Activities (907) 452-1714
CONTACT: Paul Bateman (Arctic)
North Central District Office Joyce Beelman(Interior)
DNR/Land and Water Management
4420 Airport Way
Fairbanks, Alaska 99709 DIVISION OF GOVERNMENTAL
(907) 479-2243 COORDINATION
CONTACT: Gayle Berger
Division of Governmental
Coordination
DEPARTMENT OF FISH AND GAME 675 Seventh Avenue, Station H
Fairbanks, Alaska 99701-4596
DFG/Habitat Division (907) 451-2818
1300 College Road CONTACT: Elizabeth Benson
Fairbanks, Alaska 99709 Patti Wightman
(907) 452-1531
CONTACT: Al Townsend (placer
mining)
Bob McLean (non-placer
mining)

B-18
September 1988

A-7-- -

List of Federal Permits
0 Requiring Consistency
4

Review

FEDERAL PERMITS APPLICABLE TO COASTAL MANAGEMENT

U.S. Army Corps of Engineers Section 404 Permit
Discharge of Dredged or Fill Material into Waters of the United
States.

Purpose: The Discharge of Dredge or Fill Material Permit is
issued to insure that all factors which may be relevant to the
proposal will be considered. Among these factors are
conservation, economics, aesthetics, general environmental
concerns, historic values, fish and wildlife values, navigation,
recreation, water quality and, in general, the needs and welfare
of the people.

Description: All individuals, organizations, commercial
enterprises and federal, State and local agencies must contact
the Army Corps of Engineers in order to receive authorization
for the discharge of dredged or fill material into U.S. waters.

The permit applies to all tidal influenced waters shoreward to the
extreme high tide line and their adjacent wetlands, and all other
waters of the United States landward to the ordinary high water
line and their adjacent wetlands. Permits under this section will
also require that the applicant obtain a 401 Water Quality
Certification from the State of Alaska. The application for a
Corps Permit will serve as an application for the State
certification under a joint memorandum of understanding.

Requirements: Applicants should contact the Corps of Engineers
to obtain an application form (Form 4345) and information about
this permit.

Within 15 days after receiving a completed application, a public
notice, normally allowing a 30-day comment period, is issued to
all known interested individuals, groups and governmental
agencies. Substantive comments received in response to the
public notice are furnished to the applicant to afford him an
opportunity to resolve or rebut the comments or objections. If
there are no substantive objections to the proposed activity, a
permit can usually be issued within 90 days after receipt of a
completed application. The permittee then normally has one year
from the date of permit issuance to start work and must complete
work within three years of the permit issuance date. Permit
fees are: $100.00 if proposed activity is for commercial or
industrial use; $10.00 if the proposed activity is for
noncommercial use. The fee is not due until approval is
granted.

D - 1

A public hearing will be held if there is sufficient interest to
warrant such action. The decision whether to issue a permit will
be based on an evaluation of the probable impact of the proposed
activity and its intended use on the public interest.

Authority: 33 USC 1344. Permits for Dredged or Fill Material.

U.S. Army Corps of Engineers Section 10 Permit
Structures on Work in or Affecting Navigable Waters of the United
States.

Purpose: The Permit for Structures or Work in or Affecting
Navigable Waters of the U.S. is issued in order to insure that
all factors which may be relevant to the proposal will be
considered. Among these factors are conservation, economics,
aesthetics, general environmental concerns, historic values, fish
and wildlife values, navigation, recreation, water quality, and,
in general, the needs and welfare of the people.

Description: All individuals, organizations, commercial
enterprises, and federal, State and local agencies must contact
the U.S. Army Corps of Engineers in order to receive
authorization for the construction of any structure in or over a
navigable water of the U.S., the excavation of material in such
waters, or the accomplishment of any other work affecting the
course, location, condition or capacity of such waters.

Requirements: Applicants should contact the Corps of Engineers
to obtain an application form (Form 4345) and information about
this permit.

Within 15 days after receiving a complete application, a public
notice, normally allowing a 30-day comment period, is issued to
all known interested individuals, groups and governmental
agencies. Substantive comments received in response to the
public notice are furnished to the applicant to afford him an
opportunity to resolve or rebut the comments or objections. If
there are no substantive objections to the proposed activity, a
permit can usually be issued within 90 days after receipt of a
completed application. The permittee then normally has one year
from the date of permit issuance to start work and must complete
work within three years of the permit issuance date. Permit
fees are: $100.00 if the proposed activity is for commercial or
industrial use; $10.00 if the proposed activity is for
noncommercial use. Fee is not due until approval is granted.

A public hearing may be held if there is sufficient interest to
warrant such action. The decision whether to issue a permit will
be based on an evaluation of the probable impact of the proposed
activity and its intended use on the public interest.

D - 2

Certain Section 10 activities may require that the applicant
obtain a 401 Water Quality Certification from the State of Alaska
(Department of Environmental Conservation). The Corps permit
application will serve as the application for State certification
under a joint memorandum of understanding.

Authority: 33 USC 403. Obstruction of Navigable Waters
Generally: Wharves, Piers, etc.: Excavation and Filling In.

U.S. Environmental Protection Agency Section 402 Permit
Wastewater Discharge Permit; National Pollutant Discharge Elimination
System.

Purpose: The purpose of the National Pollutant Discharge
Elimination System is to prevent water pollution by morritoring
and controlling the discharge of waste.

Description: The owner and/or operator of any activity or
wastewater system, publicly or privately owned, which
discharges from one of more point sources into a waterway, must
obtain a permit for such discharges. This permit is a part of
the Environmental Protection Agency's (EPA) National Pollutant
Discharge Elimination System (NPDES).

A "point source" is any discernible, confined and discrete
conveyance including but not limited to a pipe, ditch, canal,
tunnel, conduit, well, discrete fissure, container, rolling stock,
concentrated animal feeding operation, or vessel or other floating
craft from which pollutants are, or may be, discharged.

Applicants are not required to obtain NPDES permits for the
following types of waste discharges:

1. Sewage discharged from vessels (e.g., ships).

2. Water, gas or other materials injected into a well to
facilitate production of oil and gas; or water derived
in association with oil and gas; or water derived in
association with oil and gas production and disposed of
in a well where authorized by the state in which the
well is located.

3. Dredged or fill material.

4. Discharges from properly functioning marine engines.

5. Those discharges conveyed directly to a publicly or
privately-owned waste treatment facility (however,
discharges originating from publicly or privately-owned
waste treatment facilities are not excluded).

D - 3

6. Most discharges f rom separate storm sewers.
Discharges from storm sewers which receive industrial,
municipal and/or agricultural wastes or which are
considered by EPA or the state to be significant
contributors to pollution, are not excluded.

Requirements: There are two sets of National Pollution
Discharge Elimination System forms which may be used, short
forms (A, B, C, D) and standard forms (A and C). The
standard forms are requested for the larger and more significant
discharges as defined in 40 CFR 125.12.

Short Forms - $10.00 application fee
Short Form A - Municipal Wastewater Discharges
Short Form B - Agriculture
Short Form C - Manufacturing Establishments and Mining
Short Form D - Services, Wholesalers and Retail Trade, and
all other commercial establishments,
including vessels not engaged in
manufacturing or agriculture.

Standard Forms - $100.00 application fee for first discharge;
$ 50.00 for each additional discharge.

Form A - Municipal Waste Systems
10 Form C - Manufacturing and Commercial (including mining
and vessel discharge)

Federal, State or local governments are not required to pay any
fee.

The discharge permit is good for up to a maximum of five years
and is renewable.

Permits establish schedules for achieving the required degree of
treatment, limit the volume and quality of discharges and
periodically require monitoring reports.

The application must be filed 180 days prior to commencing the
discharge. There is a 30-day review by the State for
certif ication (Department of Environmental Conservation). A
public hearing may be held if it is in the public interest.
Potential new source applications will be required to complete a
questionnaire provided by EPA. If the activity is determined to
be a new source, a NEPA (National Environmental Policy Act)
review will be necessary. Additional time may be required to
complete this process before construction and/or discharging may
commence.

Authority: PL 92-500, Section 402. Federal Water Pollution
Control Act (FWPCA) Amendments of 1972 (see sections 306, 502,
511).

40 CFR 125. National Pollutant Discharge Elimination System.

D - 4

FEDERAL ACTS APPLICABLE TO COASTAL MANAGEMENT

National Environmental Policy Act (NEPA) of 1969 as Amended

Purpose: The purpose of the National Environmental Policy Act
(NEPA) and the Environmental Impact Statement (EIS) is to
insure that environmental information is available to public
officials and citizens before decisions are made and before
activities begin. The regulations are intended to help public
officials make decisions that are based on an understanding of
the environmental consequences, and to take actions that
protect, restore and enhance the environment.

Coastal Zone Management Act of 1972 as Amended

Purpose: Section 307(c) requires federal agencies conducting
activities which could directly affect the Alaskan coastal area to
comply, to the maximum extent practicable, with an approved
state coastal management program and approved district coastal
management programs (e.g. North Slope Borough Coastal
Management Program). Non-federal applicants for federal
permits are required to submit certification that the proposed
activity will comply with the approved state coastal management
program.

Fish and Wildlife Coordination Act

Purpose: Act requires any federal agency which proposes to
control or modify a body of water to first consult with the U.S.
FIsh and Wildlife Service, the National Marine Fisheries Service
and, as appropriate, the Alaska Department of Fish and Game.

National Historic Preservation Act of 1966

Purpose: Act authorizes the Advisory Council on Historic
Preservation to review and comment upon any activities
authorized by the federal government which would have an affect
on properties listed in or eligible for listing in the National
Register of Historic Places.

Endangered Species Act of 1973

Purpose: This act requires federal agencies to use their
authority to carry out programs for the conservation of
endangered or threatened species and to insure that any
authorized action does not jeopardize the continued existence of
such endangered or threatened species or results in destruction
or modification of its habitat.

D - 5

Marine Mammal Protection Act of 1972

Purpose: The act expresses the intent of Congress that marine
mammals be protected and encouraged to develop in order to
maintain the health and stability of the marine ecosystem.

FEDERAL EXECUTIVE ORDERS APPLICABLE TO COASTAL
MANAGEMENT

Executive Order 11988, Floodplain Management

P u rpose: The main purpose of Executive Order 11988 is to
avoid, to the extent possible, long and short term adverse
impacts associated with the occupancy and modif ication of
floodplains and to avoid direct and indirect support of floodplain
development wherever there is practicable alternatives.

Executive Order 11990 Protection of Wetlands

Purpose: The main purpose of Executive Order 11990 is to
avoid, to the extent possible, the long and short term adverse
impacts associated with the destruction or modif ication of
wetlands and to avoid direct or indirect support of new
construction in wetlands whenever there is a practicable
alternative. This order applies only to federally owned or
controlled wetlands.

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