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ISt4 STATE OF OHIO DEPARTMENT OF NATURAL RESOURCES DIVISION OF WATER COASTAL ZONE MANAGEMENT SECTION OVERALL PROGRAM DESIGN for the OHIO COASTAL ZONE MANAGEMENT PROGRAM September, 1977 IS Consultant: Robert B. Teska Associates l This publication is financed in part by a federal grant from the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration, under the provision of Section 305 of the Coastal Zone Management Act of 1972 (P.L. 92-583). U.S. DEPARTMENT OF COMMERCE NOAA COASTAL SERVICES CENTER r 2234 SOUTH HOBION AVENUE o Csc Librao CHARLESTON, SC 29405-2413 ~W "~t~~~ sCOASTAL ZONE\ INFORMATION CENTER JAMES A. RHODES, Governor ROBERT W. TEATER, Director WAYNE S. NICHOLS, Chief - JAMES A. RHODES, Governor � ROBERT W. TEATER, Director � WAYNE S. NICHOLS, Chief OVERALL PROGRAM DESIGN FOR THE I ~~OHIO COASTAL ZONE MANAGEMENT PROGRAM CONTENTS 3 ~~PREFACE . .................... INTRODUCTION I ~~~The Legacy of Lake Erie .1...... 3 ~~~Past Activities of ODNR. ...........2 Current Problems. ..............6 The Coastal Zone Management Act of 1972 and 1976 Amendments. .............11 3 ~~~Ohio's Responsibility. ............13 OVERALL PROGRAM STRATEGY 5 ~~~State Agency Designation. ..........14 Program Goals and Objectives. ........14 I ~~~Schedule and Budget. .............18 3 ~~FIRST YEAR PROGRAM REVIEW Goals and Objectives. ............21 3 ~~~Summary of Work Elements. ..........23 Performance Review. .............23 I ~~SECOND YEAR PROGRAM REVIEW 5 ~~~Goals and Objectives ..............28 Summary of Work Elements. ..........31 3 ~~~Performance Review. .............36 THIRD YEAR PROGRAM I ~~~Goals and Objectives. ............39 I ~~~Summary of Work Elements. ..........40 I ~~~~~~~~~~iii FOURTH YEAR PROGRAMI Goals and Objectives. .............44 3 Summary of Work Elements. ...........45 APPENDICESI A. Coastal Zone Management Act of 1972, as Amended B. Executive Order C. Detailed Description of First Year Work Elements3 D. Detailed Description of Second Year Work Elements B. Detailed Description of Third Year Work ElementsI iv~~~~~~ PREFACE Lake Erie and its shoreline have been perceived in the past as an area providing virtually unlimited oppor- I ~~tunities for the development of commerce, industry, housing, and other land and water uses associated with man and his society. It is now apparent the natural resources of this region are limited, fragile, and often irreplaceable. It is becoming more evident with each generation that the survival of man may depend on the coastal regions of the world, and the future of our nation I ~~may depend on its waters, wetlands ,and shorelands. Lake Erie is among the most precious of these resources, and it is essential that its use and the development of its I ~~shorelands be considered in the context of a depreciated and nonrenewable resource. The Coastal Zone Management Act of 1972 (P.L.92-583) I ~~declares a national concern for these areas and provides conceptual and financial incentives for all oceanic and Great Lakes states to develop management plans and pro- I ~~grams for their coastal areas. The Act is administered by the U.S. Department of Commerce, National Oceanic and Atmospheric Administration. To date all 341 eligible states and territories have chosen to participate in this voluntary program. This document describes the Ohio Coastal Zone Management Program which is about to enter its thirdI year. It updates a similar document published in 1974f. Now, as then, the major purposes of this program are: 1. To identify and assess the value of the resources of Lake Erie and its shorelands; I ~~~2. To determine the vulnerabilities and limitations, as well as potentials, of these resources; and 3 ~~~3. To manage the use and development of these resources in a sound and rational manner. * ~~~The Ohio Coastal Zone Management Program is being developed over a five year period (19741-1979). Funding is predominantly provided by the U.S. Department of 3 ~~Commerce with a lesser share being provided by the State 'Ohio Department of Natural Resources, Division of I ~ ~Planning, Overall Program Design for the Lake Erie Shore Zone Management Program, April 25, 1974. 3 ~~~~~~~~~~~v of Ohio. At the conclusion of this planning period theI State may be eligible for five additional years of Federal financial assistance for implementation. Eligibility will be determined primarily by the level of commitment made to coastal resource management by the citizens of Ohio.3 Figure 1 illustrates the region within which the initial planning will be undertaken and the coastal zone will ultimately be designated. vi~~~~~~~ Figure I 3 ~~~~~~OHIO LAKE ERIE COASTAL ZONE PLANNING REGION I~~~~~~~~~~~~~~~~~ I ~~MICHIGAN ----- Lucas Lke> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~>I - Ashtabula z 1~~~~~~~~~~~taaCyhg zL Wood-, Erie Lorain a I~~~~~Snuk ID~~~~~~~~~~~~~i j ~~INTRODUCTION The presence of Lake Erie on Ohio's northern border I ~~has dramatically affected the history and development of the State. While the development patterns of most states reflect a reaction to the presence of natural barriers, few states can list such natural barriers as a major corn- petitive advantage. Ohio is fortunate to be one of these 5 ~~The Legacy of Lake Erie Three conditions largely account for the developmental significance of Lake Erie to the State of Ohio. First, the lake is a central link in the Great Lakes/St. Lawrence River freshwater system -- the greatest such resource in North America. The system extends inland over 2000 miles I ~~from the Atlantic Ocean; it includes over 95,000 square miles of freshwater surfaceI and 37,000 miles of shore- 3 ~~line excluding tributaries. � ~~~Second is the geophysical character of the region. To a young nation, the Appalachian Mountains represented a significant deterrent to westward migration. The Great Lakes region, formed by the Pleistocene glaciers and characterized by rolling plains, offered a natural land route eliminating the necessity for crossing mountains. It was well utilized by Indians, traders, farmers, and other settlers. 3 ~~~The third condition was a simple fact of economics. Surface water transportation was the cheapest form of moving bulk goods over long distances, including iron ore 3 ~~from Minnesota and coal from the Ohio Valley. Three groups, the Indians, British, and French, dominated early history, the common bond being fur trade. By 1800 trading outposts and settlements dotted the Ohio shoreline, including Cleveland and Fort Defiance (Toledo). The eastern half of the Lake Erie shore developed I ~~faster than the western half which was characterized by wetlands and drainage problems. With the coming of the 3 ~~railroads in 1837, the Cleveland area received added 1Ohio Department of Natural Resources, Division of I ~~Water, First Year Report of the Ohio Coastal Zone Management Program, June, 1976, p. 6. 1 ~~~~~~~~~~~~1 impetus and the completion of the New York Erie Canal in3 1856 solidified this position. Clearly, the area became a multimodal terminal for land and water transportation systems. The development of Toledo was similar, though later in the 1800's. This is the legacy and foundationI of Lake Erie and its coastal development in Ohio. Past Activities of ODNR3 Ohio?'s involvement in programs and projects related to the Lake Erie and its shorelands has been extensive. The primary purpose of this section is to describe the past activities of the Ohio Department of Natural Resources (ODNR). The Department first centered its Lake Erie activitiesI within the Division of Shore Erosion. This Division was essentially an engineering agency working to devise plans to minimize the erosion of the south shore of Lake ErieI and to survey the underwater resources of submerged lands of Lake Erie belonging to the State. It issued permits for the dredging of sand in Lake Erie; it worked very closely with the U.S. Army Corps of Engineers' Beach Erosion ControlI Board in the construction of experimental groins and protec- tive works to create beaches and protect state lands; and it participated with local political subdivisions in constructingI offshore protective structures. In 1951, the Division of Shore Erosion initiated projects to produce shore and offshore topographic mapping,I collect and analyze shore and lake sediments, make observa- tions of waves and currents, and do computations of data from earlier studies. This program, called the Lake Erie Geological Research Program, included studies to determine the amount and extent of sand and other deposits on the bottom of Lake Erie within the State's boundaries in order to plan for its extraction, particularly for commercial sand dredging. Also under this program a bibliography of the physical limnology of Lake Erie was compiled in 1953.3 The Division of Shore Erosion continued to administer and construct shore erosion projects during the 1950's3 and initiated a shore erosion control permit system which required that before construction could begin on a project it had to have approval from the Chief of the Division. The Division conducted an investigation of leasing procedures relating to future recovery of minerals lying below the waters of Lake Erie. 'Studies were made for mining of salt and leasing gas and oil under the bed of Lake Erie. The fivision of Shore Erosion administered a lease with International Salt Company for mining rock salt under the bed of Lake Erie off Cleveland's shore. During this period the Division conducted several cooperative studies with the Corps of Engineers on the Lake Erie shoreline and 2 with the Ohio State University concerning erosion. It I ~~conducted research on currents, water level changes, weather data, and other areas related to Lake Erie. It coordinated its efforts with the Department of Natural I ~~Resources' Divisions of Water and Wildlife, as well as Geological Survey, and cooperating with the Office of Naval Research. I ~~~In reaction to the opening of the St. Lawrence Seaway the Division of Shore Erosion, in conjunction with the Corps of Engineers, conducted hearings on harbor improvements. The Division also developed plans and studies for harbor projects, such as the study done in 1958 of inshore and offshore areas for Kellys Island refuge harbor. The Division of Shore Erosion in the late 1950's and early 1960's produced a set of engineering geology maps of Ohio's shoreline summarizing, in map form, the studies made by the Division and the Corps of Engineers. It published separate maps of the lake bottom and a pub- I ~~lication concerning these bottom studies. During this period a master plan for beach erosion control, which consisted of studies done in cooperation with the Corps I ~~of Engineers, was finished for the entire Ohio shoreline except Sandusky Bay. It included plans to keep it up to date with a program of marking shore points by aerial photography and repetitive offshore profiles. These lake studies of the shoreline contributed to understanding the lake and processes that work along the shore. Other activities, such as more sand dredging studies, were con- ducted, maps were made of the lake bottom, and geological studies were done of the Fairport and Cleveland salt mines. 3 ~~~In 1961, the Division of Shore Erosion was abolished and its Lake Erie Section assigned to the Division of Geological Survey. This Section continued to conduct basic geological research on Lake Erie; in addition, it carried on investigations into areas of specific erosion- related problems. The Lake Erie Section continued the erosion surveys begun by the Division of Shore Erosion. I ~~It also studied bottom~ sediments, surveyed the shoreline and adjacent land areas, and did water sampling. The Department's Chief Engineer was given the responsibility for shore eros~ion projects, issuing ero~s-1on control works permits, and reviewi'ng-shore erosjion problems of Lake Erie. Water levels were recorded, with the Division of Water taking care of the-gauges along the lake for water inventory purposes. The Division of Water also made water inventories of Lake Erie tributaries during the early I ~~1960's and did detailed studies of floods. In the late 1960's the Division of Water gathered data for P.L. 566 (Small Watershed) planning. The Division of Water started I ~~work on the Northeast Water Development Plan and Northwest 1 ~~~~~~~~~~~~~~~~~3 Water Development Plan to determine future water needs of those regions of the state, and to develop plans to provide water supply, agricultural irrigation, flood control, sus- tained stream flow, improved water quality, and water for recreation. The Division worked with water project programs of conservancy districts, the Soil Conservation Service, cities and counties. The Division of Geological Survey took over the leasing5 of mineral rights under Lake Erie, while the Office of7 Chief Engineer administers the leasing revenues for the funding of erosion control projects. In 1967, the Division of Geological Survey developed plans and procedures whichI would allow the opening of Lake Erie for offshore drilling, but there is still a legislative ban on such drilling. The Lake Erie Section of the Division of Geological SurveyI investigated the fundamental geology and physical limnology of the Lake Erie basin, including studies and surveys to provide geological and engineering data and advisory assistance for shore erosion problems and waterway projects along Lake Erie. In 1967 a major new project, a study of the physical characteristics of the principal reef areas of western Lake Erie, was initiated in cooperation with the3 U.S. Bureau of Commercial Fisheries. Royalties from Lake Erie sand, gravel, and salt have continued to grow. Additional programs to provide facts useful in the conser- vation and management of Lake Erie and other related projects were accomplished by the Lake Erie Section. In the late 1960's and early 1970's Geological Survey's Lake Erie Section worked on shore erosion studies in Lake andI Erie Counties. It also did a geological study of under- ground liquid disposal and water quality in the area of the Davis-Besse nuclear power plant on the *shore of Lake ErieI near Port Clinton. The Department of'Natural Resources, through theI Division of Wildlife, has always conducted an active fish management program. Over the years, numerous fish stu~dies have been conducted in Lake Erie; in 1971 the particular emphasis was on the walleye. Other projects have deter-I mined the abundance, diet, and growth rates of various fish in Lake Erie. In the last several years mercury and pesticide analyses were conducted in Lake Erie fisheries.I The Division of Wildlife has also developed several wildlife areas along the shoreline and actively manages them. The severe flooding which wrecked homes and caused millions of dollars in damage along Lake Erie -in November, 1972, emphasized the need for all communities to have Federal Flood Insurance. In response, the Flood Plain Management Section of the Division of Planning increased its efforts to educate the public to the benefits of the low-cost insurance and helped political subdivisions regulate their flood plain, making their residents eligible for the insurance.I 4~~~~~~~~~~~ The Department of Natural Resources has been actively exploring legislation and/or litigation strategies for the preservation of wetlands, having recognized the important role that the wetlands and their resources play in the state's shore zone development. Wetlands are biotic I ~~communities that support unique and diverse flora and fauna. They help stabilize the environment by minimizing water table fluctuations, by reducing downstream floods I ~~from rapid runoff and by removing sediment and chemicals which reduce pollution downstream. Wetlands in Ohio have been destroyed in the past and the remaining wetlands are threatened with filling and dredging. The Director of the Department of Natural Resources has issued a policy statement that "in considering any proposal which might offer a threat to wetland areas..-the Department will use its utmost influence to preserve and protect wetlands from damaging misuses." 3 ~~~Further, it is the Department's policy to: 1. Minimize adverse impact on wetlands due to modification of the natural flow of water, or through draining, filling,and contamination. 2. Attempt to acquire significant wetlands wherever possible. 3. Restore, or encourage restoration of, wetland areas that have been severely altered or destroyed through improper land use. 3 LF~~~. Support the creation of wetlands using material from the harbor dredging program on Lake Erie and in other areas of the state. In October, 1972, the Ohio Department of Natural Resources initiated the development of an aid to the land use planning process called "land capability analysis". The Planning Services Section was established in the Division of Planning to develop a method of evaluating I ~~the ability of the land to accommodate various types of development and of incorporating this evaluation into state and local planning processes. Those involved in the development of the analysis process can draw upon the expertise in other divisions within the Department, such as Geological Survey and Lands and Soil. I ~~~Land capability analysis can be defined as a methodology for evaluating the physical components of the environment in terms of their ability to support, I ~~withstand, or tolerate various land uses. The analysis is based on an inventory of the physical variables in an area and an assessment of how their inherent properties 3 ~~can affect, or be affected by, different types of land use. 1 ~~~~~~~~~~~~~~~~5 In 1975 two other important projects were initiated by the ODNR. The first was the statewide "Critical AreasI Program" to identify major environmentally sensitive areas worthy of preservation or conservation. The second was the update of the Statewide Comprehensive Outdoor Recreation Plan, published by the Office of Outdoor Recreation Services in 1976. During this period the Division of Geological Survey intensified its efforts to analyze the lakeshore erosion process and develop a computer model to forecast erosion recession rates from which fifty year and one hundred year recession contours could be mapped. Also accelerated was the Federal Flood Insurance Program which included, for the Lake Erie shoreline, areas subject to severe storm- influenced erosion hazards. Most recently, the ODNR has carried out a significant reorganization plan to emphasize and coordinate respon-I sibilities and activities related to Lake Erie and its shoreline. In 1975, the Ohio Capability Analysis Program and the Flood Plain Management Program were transferredI from the Division of Planning to the Division of Water, which was also assigned responsibility for the Ohio Coastal Zone Management Program in January, 1976. Thus, the pastI experience of Ohio in land and water use management was consolidated to deal effectively with current and future problems and opportunities.3 Finally, in July, 1977, the U.S. Department of Commerce awarded ODNR a $894,152 grant to acquire lands adjoining Lake Erie near Huron, Ohio for establishing the nation's first freshwater estuarine sanctuary. The 637 acre Old Woman Creek area will be designed to preserve unspoilied lands and water for scientific research and publicU appreciation. The ODNR has been working on this project for over two years and it represents a major step toward coastal zone management.3 Current Problems The issues and problems associated with Lake Erie are3 as many as the natural and man-made processes in the shore zone. The entire Lake Erie basin has experienced drastic changes in the last 200 years and now shows ample evidence of deterioration. The problems that exist in the shore area result prin- cipally from man's misunderstanding of the complexity of the area and the misuse of its resources. Wetlands have been altered and drained and vegetation and forests stripped from the land. Streams and rivers have been dammed andI channelized. Large urban and industrial centers have grown up along the shore. Almost the entire shoreline has been developed in some manner. These changes result in enormous3 61 ~~i mpacts on the area: air and water pollution, declining and/or deteriorated fish and wildlife habitat, the erosion of topsoil from the land, and loss of natural beauty. I ~~~A major aspect that confronts any program related to Lake Erie is the public's attitude concerning the lake and its shorelands. The lake has been given so much bad publicity that it is no longer considered a resource. Many perceive the lake as being dirty, oily, and dead. Such attitudes reflect distorted information. In fact, Lake Erie is still a major economic and recreational resource to the State of Ohio. During the first year of the program, a natural resource I ~~inventory assessed issues and problems in the shore area. In the inventory, opinions and data were sought from a number of persons with diverse interests: experts in the universities, members of wildlife and conservation organi- zations, local government officials, private citizens, and other staff members within the Department of Natural 3 ~~Resources. Many general issues and problems emerged. Each of the 3 ~~shoreline counties faces many of these problems. They are: Land-Water interface - Erosion of the beaches and bluffs I ~~~- Flooding of lake and river plains - Preservation of natural or scenic shoreline - Low quality of beaches I ~~~- Alteration of shore by construction of erosion or flood protection structures * ~~~-High water levels of Lake Erie Declining fish and wildlife resources and habitat - Declining commercial fisheries I ~~~- Decreasing amounts of forest and wetlands 3 ~~~Protection of unique and natural areas Protection of historical and archeological sites * ~~~Siting of power facilities Air quality I ~~~Harbor dredging activities 3 ~~~Public's negative attitude about Lake Erie I ~~~~~~~~~~~~~~~~~7 Development of key areas in the coastal zone3 - Prime agricultural land - Maintenance of facilities - Public access to lake/land interface, especially near and in urban areas - Traffic problems associated with the recreation areas3 Water quality - Sedimentation of rivers and Lake Erie3 - Nutrients in the water - Thermal pollution - Urban and rural runoff - Anoxic areas of the lakeI - Funding for construction and maintenance of sewage treatment plants and storm water systems -Turbidity of the waterI - Soil erosion resulting from agricultural practices Shore zone aesthetics3 Possible future development of offshore oil and gas reserves3 Dredging for sand and gravel - Conflict with recreation activitiesI - Depletion of littoral sediment supply - Effects on erosion3 Mineral deposits - Reclamation - Development of areas overlying mineral depositsI Certain issues and problems are more common to some shoreline areas than others. Below is a list of specificI problems and issues in each county: Lucas County* - Dredging activities at Toledo Harbor - Information on the ecological systems and significance of Maumee BayI - Severe flooding along Lake Erie - Maintenance of dikes along Lake Erie - Pollution of Maumee RiverI - Development of agricultural land - Alteration of wetlands - 8.8 miles of critical erosion3 - Protection of migratory waterfowl habitat 83 Lucas County (cont) - Maumee Bay Causeway proposal - Conservation of islands in Maumee River I ~~~- Problems associated with agricultural runoff *silt and sediment runoff *nutrient runoff I ~~~Wood County - Pollution of Maumee River - Development of agricultural land -Problems associated with agricultural runoff *silt and sediment runoff *nutrient runoff * ~~~Ottawa County - Severe flooding along Lake Erie - Dredging activities at Port Clinton Harbor I ~~~~- Public versus private development of Lake Erie islands - Nuclear power plant development - Alteration of wetlands - 10.8 miles of critical erosion - Protection of migratory waterfowl habitat - Maintenance of dikes along Lake Erie I ~~~- Transportation problems associated with Lake Erie islands and other recreational areas - Lack of information on the ecological systems I ~~~~~and significance of Sandusky Bay - Problems associated with agricultural runoff *silt and sediment runoff *nutrient runoff - Con'servation of islands in Sandusky Bay Sandusky County - Severe flooding along Sandusky Bay - Alteration of wetlands -Nuclear power plant siting -L4l miles of critical erosion - Protection of migratory waterfowl areas - Maintenance of dikes - Lack of information on the ecological systems and the significance of Sandusky Bay - Problems associated with agricultural runoff I * ~~~~silt and sediment runoff *nutrient runoff Erie County - Alteration of wetlands - Nuclear power plant development - Public versus private development on Lake ErieU islands - 8.2 miles of critical erosion - Severe flooding along Lake ErieI - Protection of migratory waterfowl habitat - Dredging activities at: *Sandusky Harbor: difficulty in locatingI potential site for spoil disposal *Huron Harbor: site construction associated with spoil disposalI *Vermilion Harbor - Lack of information associated with Cedar Point recreational area and the Lake Erie islands - Development on Cedar Point peninsula - Problems associated with agricultural runoff *silt and sediment runoff *nutrient runoff Lorain County3 - 1.2 miles of critical erosion - Dredging activities at Lorain Harbor Cuyahoga CountyI - Low water quality of the Cuyahoga River and Lake Erie - Complete development of shoreline - 3.0 miles of critical erosion -Jetport proposal - Dredging activities at: *Rocky River Harbor *Cleveland Harbor - Dev'elopment of the Cuyahoga Valley National Recreational Area - Problems associated with the Cuyahoga Valley industrial complex Lake County - Salt intrusion of Mentor MarshI - 12.7 miles of critical erosion - Flooding in Eastlake area (Operation Foresight dike)I - Nuclear power plant development - Dredging activities at Fairport Harbor - Continued development of shoreline1 103 Ashtabula County - Dredging activities at: Ashtabula Harbor I ~~~~~Conneaut Harbor - 6.3 miles of critical erosion - Potential development of a new steel plant in I ~~~~~northeast Ashtabula County The Coastal Zone Management Act of 1972 and 1976 Amendments I ~~~In 1972, the Congress of the United States enacted the Coastal Zone Management Act (Public Law 92-583). The entire act is reproduced in Appendix A of this report. I ~~Briefly stated, the goal of this new national program is to preserve, protect, develop, and restore the coastal zone by assisting states to develop and implement programs to achieve wise use of land and water resources in the coastal zone. Full consideration must be given to ecological values as well as cultural, historic, aesthetic, 3 ~~and economic needs. The Coastal Zone Management Act provides financial assistance to states in the amount of two-thirds of the I ~~approved budget for developing and implementing a coastal zone program in two broad phases. The first phase provides three annual grants for the preparation of a Coastal Zone Management Program in each of the 3i4 eligible states and territories. The second phase provides up to five annual grants for implementing programs in those states whose management program has been approved by the Governor and I ~~by the Secretary of U.S. Department of Commerce. Basic objectives to be accomplished during the three year "development grant" period have been published by National I ~~Oceanic and Atmospheric Administration (NOAA) pursuant to Section 305 of the 1972 Act. Coastal Zone Management Programs of each state are to include: 1 ~~~1. The boundaries of the state's coastal zone. 2. A process pursuant to which permissible land or II ~~~~water uses which have a direct and significant impact on coastal waters are defined. * ~~~3. Criteria for and designation of geographic areas in the coastal zone of particular concern to the state. I Lj*~~4 Identification of establishment of the means by which the state, together with other levels of government, shall exert control over land and I ~~~~water uses in its coastal zone. 5. Designation of priority uses within specific * ~~~~geographic areas throughout the coastal zone. 6. Description of the organizational structure and intergovernmental arrangements sufficient toI develop and maintain an effective and coordinated management process. This is a voluntary program. States are not required to participate, as they frequently are under other federal laws. Nor are there sanctions imposed upon any state that decides to withdraw from the program. Among the several benefits accruing to the partici- pating states are the following:I 1. The program provides for a comprehensive approach to coastal zone problems and issues which few,I if any, states have been able to afford previously. 2. The level of technical detail and expertise related to coastal phenomena will be greatly enhanced inI the planning phase, whether or not a state actually implements this program. 3. Coordination among the many local, state, and federal agencies is strongly encouraged and is, indeed, essential. 4. Once a state has its management program approved by the Secretary of the U.S. Department of Commerce, all federal agencies are expected to conduct their activities in a manner consistent with that program. To date, all eligible states and territories have elected to participate in this voluntary program under the supervision of the National Oceanic and Atmospheric Administration. In 1976, Congress amended the Act to the benefit of Ohio and other states. Amendments included: 1. Extension of the eligible planning period from three annual grants to four annual grants. 2. Increase in the federal share of funding from two-thirds to 80 percent of each approved annual budget. 3. A Coastal Energy Impact Fund to offset impacts of major energy f acilities.3 4. Funding for acquisition of lands to provide protection of and access to public beaches and for island preservation. 123 5. Authorization and funding for interstate compacts or regional agreements among states for coordina- tion of coastal zone programs. I ~~~Additional amendments in 1976 cover two other subjects: 1. A state may be eligible for partial implementation I ~~~~and funding of its coastal zone management program prior to final certification by the Secretary of Commerce. 1 ~~~2. Each state shall establish and document a planning process for: (1) the protection of and access to public beaches and other public coastal areas of I ~~~~environmental, recreational, historical, aesthetic, ecological, or cultural value; (2) energy facilities likely to be located in or which may significantly I ~~~~affect the coastal zone, including, but not limited to a process for anticipating and managing the impacts from such facilities; and (3) assessing the effects of shoreline erosion and evaluating I ~~~~ways to control or lessen the impact of such erosion and to restore areas adversely affected * ~~~~by such erosion. These amendments enhance the purpose and applicability of the Coastal Zone Management Act of 1972. Ohos Responsibility On behalf of its shoreline municipalities and all I ~~concerned citizens of Ohio, the State voluntarily recon- firmed its responsibility for managing Lake Erie waters and shorelands when it chose to participate in the U.S. I ~~Coastal Zone Management Program. This step was taken by former Governor John J. Gilligan in February, 1973. It represents a commitment which is fully supported by 3 ~~current Governor James A. Rhodes. OVERALL PROGRAM STRATEGYI Pursuant to its responsibility for coastal zone management, the State of Ohio has adopted an overall program strategy involving the organization of state agency resources, formulation of goals and objectives, and establishment of a work schedule and budget. State Agency Designation By executive order dated February 28, 1973, theI Governor designated the Ohio Department of Natural Resources as the agency responsible for the Ohio Coastal Zone Management Program (Appendix B). In turn, theI Director of ODNR assigned this responsibility to the Division of Planning, to be supported by other Divisions as needed. The Division retained this responsibilityI through the first year of the program. At the outset, the Division determined that, for the initial phase of program development, the nine Lake Erie shoreline counties should constitute the coastal zone "planning area". Within this area the ODNR would ultimately designate a much more limited zone for managing land andI water uses having direct and significant impact on the lake (Figure 1). In January, 1976, the Director transferred responsibility from the Division of Planning to the Division of Water. This action enhanced coordination between coastal zone management and other water-related programs within that Division, suchI as river basin planning, floodplain management, permit issuance, capability analysis, etc. The result is to strengthen the Department's commitment to coastal zoneI management. Shortly thereafter, the Chief of the Division of Water created the Coastal Zone Management Section, headed by an Ad-I ministrator and staffed by specialized professionals and support personnel.3 Figure 2 illustrates the organization of the Ohio Department of Natural Resources. Program Goals and Objectives The ultimate purpose of the Ohio Coastal Zone Manage-3 ment Program is to develop processes and mechanisms for allocating resources among competing users in a sound and rational manner. These processes and mechanisms will be developed for Ohio in a manner that is consistent with theI declaration of policy that accompanied the Coastal Zone Management Act of 1972, as amended. 14~~~~~~ ORGANIZATION CHART GOVERNOR II I ~~~~~~~~~~~~~~COMMISSIONS, BOARDS AND AUTHORITIES EXECUTIVE I j I RECREATION AND ON WHICH THE DIRECTOR SERVES: ASSISTANTS RESOURCES ~~~~I I COMMISSION GREAT LAKES COMMISSION OhioI~ ~~~~~~~~~~~~~ ~OHIO WATER & SEWER ROTARY ~~~~~~~~~~~~Ohio l |< ~~~~~~~~~~COMMISSION DIRECTOR NATURAL AREAS COUNCIL Department STATE CANAL LANDS AUTHORITY OHIO RIVER BASIN COMMISSION Ofd~~~~~~~~~~~~ GREAT LAKES BASIN COMMISSION Iatural OHIO SOIL & WATER CONSERVATION Natura1 I COMMISSION NaturalRECREATION AND RESOURCES COMMISSION ~~~~~~~~~~~~IResources CUYAHOGA VALLEY NATIONAL Resources RECREATION AREA ADVISORY Resources ~~~~~~~~~~II II IICOMMISSION l l I II l ZOOLOGICAL ADVISORY COMMITTEE II ~~~~~~~II jj~ ~INTER-AGENCY PESTICIDE ADVISORY COUNCIL DEPUTY DIRECTOR OR| DEPUTY DIRECTOR FOR D EPUTY DIRECTOR FOR CIVILIAN CONSERVATION ADVISORY RESOURCE ADMINISTRATION RESOURCE PROTECTION COUNCIL MANAGEMENT II OFFICE OF OFFICE OF OFFICE OF OFFICE OF OFFICEOF OFFICEOF OFFICEOF O OFFICEOF CHIEF GENERAL PUBLIC INFO. REAL ESTATE EMPLOYEE BUSINESS & OUTDOOR CIVILIAN Civillan ENGINEER SERVICES & EDUCATION SERVICES FINANCE RECREATION CONSER Coneamaion Council DIVISIONOF DIVISIONOF DIVISIONOF DIVISONOF DIVISONOF I DIVISIONOF I I DIVISION OF I DIVISIONOF DIVISION OF DIVISIONOF | DIVISION OF RECLAMATION WILDLIFE LANDS& SOIL |FORESTRY | WATERCRAFT NAT.AREAS GEOLOGICAL PARKS& SOIL & WATER OIL & GAS WATER & PRESERVES SURVEY RECREATION DISTRICTS Reclamation Commercial I Forestry Advisory Waterways ietioal RiAa ral Areas Boafe t ory Council A d i eoy Courai o Councilsevio Fi ilAdlife Council Recraav nal 2 Cou R The Congress finds and declares that it is the national policy (a) to preserve, protect,I develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourageI and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of managementI programs to achieve wise use of the land and water resources of the coastal zone giving full con- sideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, Cc) for all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with state and local governmentsI and regional agencies in effectuating the purposes of this title, and (d) to encourage the partici- pation of the public, of Federal, state, andI local governments and of regional agencies in the development of coastal zone management programs. With respect to implementation of such management programs, it is the national policy to encourageI cooperation among the various state and regional agencies including establishment of interstate and regional agreements, cooperative procedures,I and joint action particularly regarding environ- mental problems. On the basis of the policy framework of P.L. 92-583 and the special requirements of the State of Ohio, the Division of Planning published its initial Overall Program Design (OPD) in 1974 and recommended that program develop-I ment objectives be reflected in two phases: Program Phase I. Policy Development Problem Identification.3 Program Phase II. Technical Plan and Management Program. These Program Phases are illustrated in Figure 3.I The OPD was an excellent document highly regarded by the NOAA Office of Coastal Zone Management. The necessity for its revision and republication arises from three sources: the normal benefit of a periodic review, the delays incurred in the program during 1975, and theI revised guidelines issued by NOAA. With modest refinements, the basic goals and objectives of the Ohio Coastal Zone Management Program remain valid.I 16 FIGURE 3 - THE OHIO LAKE ERIE SHORE ZONE MANAGEMENT OVERALL PROGRAM DESIGN FIRST YEAR I PROGRAM I. POLICY DEVELOPMENT| PROBLEM IDENTIFICATION SUBPROGRAM I.A. SUBPROGRAM I.B. SUBPROGRAM I.C. SUBPROGRAM I.D. RESOURCES ANALYSIS LEGAL AND ADMIN-CITIZEN COORDINATION: ISTRATIVE ANALYSIS INVOLVEMENT INTER g INTRA STATE, FEDERAL, g LOCAL SUBPROGRAM I.E. SYNTHESIS: PROGRAM GOALS & OBJECTIVES, LEGISLATION I SECOND g THIRD YEARS PROGRAM II. TECHNICAL PLAN AND MANAGEMENT PROGRAM SUBPROGRAM II.A. SUBPROGRAM II.B. SUBPROGRAM II.C. SUBPROGRAM II.D. SUBPROGRAM II.E. PERMISSIBLE USE PRIORITY OF USE AREAS OF PARTIC- LAND AND WATER SPECIAL STUDIES REVIEW PROCESS SYSTEM ULAR CONCERN RESOURCE ANALYSIS (Delineation of REVIEW7~~ PROCESS SYSTEM ULAR CONCERN ~~~~Zone boundary) | PROGRAM III. IMPLEMENTATION | However, at the suggestion of NOAA the format of the program design for the second through fourth years hasI been reorganized into the following elements: 1. BoundariesI 2. Permissible Uses 3. Geographic Areas of Particular Concern 4t. Planning Processes (third year only)I S. Public and Governmental Involvement 6. State-Federal Interaction and National Interest 7. Organization 8. Authorities 9. Administration 10. Program Synthesis This revised format will not only assist program development, but will expedite periodic and final reviews and certifications by the Department of Commerce (NOAA). Schedule and Budget The National Oceanic and Atmospheric Administration,I Office of Coastal Zone Management, authorized the Ohio Department of Natural Resources to begin planning effective May 15, 1974. The Ohio Coastal Zone ManagementI Program was originally conceived as requiring three 12-month planning grant periods following this date. A current and more realistic schedule, takingI advantage of recent Federal Act Amendments, envisions four planning grant periods ending December 31, 1979. If all required approvals are received, the program willI enter the full implementation phase effective January 1, 1980 (Figure 14). The first annual grant period emphasized the assembly of background information and required a total period of approximately twenty-five months. The second annual grant period, currently underway, emphasizes analysisI of background information and public participation. It will require a period of fifteen months. Emphasis on the third annual grant period, for which an application has been submitted to NOAA, will be on management program recommendations, public review, and adoption by ODNR. A period of fifteen months is scheduled for this effort. It is anticipated that new state enabling legislationI will be required to implement portions of the recommended program. Such legislation cannot be considered by the Ohio General Assembly until its 1979 session. Hence,I the ODNR anticipates the necessity of a fourth annual 181 *- - - m i - I! - m m FIGURE 4 OVERALL WORK SCHEDULE STATE OF OHIO COASTAL ZONE MANAGEMENT PROGRAM 1974 1975 1976 1977 1978 1979 1980 FIRST ANN 1A.L GRANT 5/15] 16/30 Total cost $366,300 ENSION AUTHORIZ _ EXTENSION I 1 GRANT 7/1 I A'APPLICATIONI 6/30 SECOND AN 4IUAL GRANT II -EXTENSION 7/1 --T9/30 REQUESTED Total cost $639,000 GRANT _ I APPLICATION THIRD ANNUAL GRANT 1o/1l I/ IIIN12/31 REPORT / PUBLIC PROGRAM PRODUCTION HEARING ADOPTION GRANT - I APPLICATION L_ FOURTH ANNUAL GRANT 3051/2 PARTIAL IMPLEMENTATION LEGISLATIVE'ACTION REVIEWAND AND CERTIFICATION I I I APPROVAL BY GOVERNOR L_ _ L BY U.S.D.C. FULL 306\ IMPLEMENTATION Prepared by ROBERT B. TESKA ASSOCIATES grant period to be culminated with certification by the Governor of all aspects of the adopted program. If desirable, the ODNR will request approval and funding from NOAA for partial program implementation during this period. The total budget for program development will be approximately $2,020,300.00, of which 70 percent will be federally funded. The State of Ohio investment will be $601,300.00, most of which is covered by the commitment of previously existing staff resources (Table 1). TABLE 1 OVERALL BUDGET OHIO COASTAL ZONE MANAGEMENT PROGRAM Year Federal State Total First $200,000 $166,300 $366,300 Second 379,000 220,000 599,000 Third 600,000 155,000 755,000 Fourth 240,000 60,000 300,000* Total $1,419,000 $601,300 $2,020,300 Percent 70 30 100.0 * Includes estimated program development budget only; does not include partial implementation budget. 20 I ~~FIRST YEAR PROGRAM REVIEW This chapter describes the first year program in more detail -- its goals and objectives, its work elements and budgets, and its performance. 5 ~~Goals and Objectives Goal: To develop a comprehensive overview of the character, value, and limitation of shore zone resources, as I ~~~~well as a summary of the problems associated with the use and development of these resources. * ~~Objectives: 1. To inventory the social, economic, and environmental * ~~~resources of the Ohio shore zone. 2. To assess the social value of the shore zone resources and the social implications of current and future uses of these resources. 3. To assess the economic value of the shore zone resources and the economic implications of current and future uses of these resources. 4t. To assess the environmental value of the shore zone resources and the environmental implications of current and future uses of these resources. Goal: To develop a comprehensive overview of the legal U ~~~~and administrative arrangements underlying state, regional, and local planning and management pro- grams in the Ohio shore zone and, on the basis of I ~~~~this overview, to develop recommendations regarding legislative and administrative changes that will be required to implement the Ohio Lake Erie Shore Zone I ~~~~Management Program. Objectives: 1 ~~1. To inventory and review state laws, executive orders, and administrative arrangements underlying planning * ~~~and management programs in the Ohio shore zone. 2. To evaluate these state laws, executive orders, and administrative characteristics in order that recommenda- * ~~~tions on legal and administrative arrangements can be formulated. 3. To develop a legislative package and administrative I ~~~recommendations for the implementation of the Lake Erie Shore Zone Management Program. * ~~~~~~~~~~~21 Goal: To provide individual citizens and interested groups the opportunity to participate in the developmentI and implementation of the Ohio Lake Erie Shore Zone Management Program.3 Objectives: 1. To provide formal and informal mechanisms to solicit3 ideas, assess opinions, and incorporate the views of citizens and interested groups in the development and implementation of the shore zone program. 2. To provide formal and informal mechanisms for dissemina- ting pertinent information regarding the shore zone program among all interested citizens and groups. Goal: To develop processes and mechanisms for coordinating and resolving conflicts in the development andI implementation of the Ohio Lake Erie Shore Zone Management Program among Federal agencies and programs, Great Lakes States, state governmental agencies, and local regional agencies in theI Ohio shore zone. Objectives:3 1. To provide formal and informal mechanisms to solicit ideas, assess opinions, and incorporate the views of interested governmental agencies and universities in the development and implementation of the shore zone program. 2. To identify the programs, projects, and plans of the various governmental agencies and universities that will affect the Ohio shore zone.I 3. To notify all appropriate agencies and universities of departmental programs, projects, and plans that will affect the shore zone. 4. To provide the opportunity for the various agencies and universities to participate in the development andI implementation of the shore zone program. 5. To provide a mechanism for resolving conflicts amongI the various agencies and universities and the Depart- ment in the development and implementation of the shore zone program.3 Goal: To synthesize the results of the programs of the first year as the basis for developing the legal, administrative, and policy framework within whichI the technical shore zone management plan and process will be formulated. 2 2 3 ~~Objectives: 1. To synthesize the results of all programs of the 3 ~~~first year. 2. To formulate goals and objectives which will serve as the framework for developing the technical management 3 ~~~plan and process. 3. To prioritize the problems and issues identified through the programs of the first year and to identify the need for special studies resulting from these problems and issues. * LI~~. To formulate recommendations for administrative arrangements necessary to implement the Ohio Lake Erie Shore Zone Management Program. * 5~~. To develop a legislative package for submission to the Ohio General Assembly which will provide for the implementation of the Ohio Shore Zone Management I ~~~Program. Summary of Work Elements I ~~~Table 2 summarizes all 26 work elements in the first year program and their budgets. Figure 5 illustrates the work sequence. A detailed description of each work element is contained in Appendix C. 3 ~~Performance Review The first year resource analysis was generally con- sidered the most effective subprogram, especially as related to environmental resources. The program staff conducted a natural resource inventory of the entire shore zone resulting in basic data for the Ohio Capability Analysis Program, a natural resource matrix, natural I ~~resource maps, identifying 27 resource units for each of nine shore zone counties, and complementary maps illustrat- ing preliminary areas of concern and management potential. I ~~These areas were divided into four categories: environmental resource areas, economic resource areas, hazard areas, and Federal land. Under contract to the ODNR, the Battelle Columbus Laboratories prepared a companion report, Critical Land Areas in Ohio: An Overview. Finally, a land capability analysis was completed for Lake County. * ~~~Progress was also made on social and economic analyses. Considerable basic data were assembled and coordinated with the Department of Economic and Community Development. I ~~The utility of mathematical models for economic and social analyses was evaluated. It was determined by the staff that a regional input-output model would not be cost 3 ~~~~~~~~~~~23 TABLE 2 STATE OF OHIO LAKE ERIE SHORE ZONE MANAGEMENT PROGRAM FIRST YEAR WORK PROGRAM OUTLINE Work Activity Subtotal I.A. Resource Analysis $135,384.00 I.B. Legal and Administrative Analysis 33,245.00 I.C. Citizen Involvement 44,361.00 I.D. Organizational Arrangements 23,861.00 I.E. Synthesis 129,449.00 TOTAL $366,300.00 Federal Share 200,000.00 State Share 166,300.00 24 FIGURE 4 - THE OHIO LAKE ERIE SHORE ZONE MANAGEMENT ANNUAL WORK PROGRAM DESIGN PROGRAM I. POLICY DEVELOPMENT AND PROBLEM IDENTIFICATION SURAMI SUBPROGRAM .A. SUBI.B. I SUBPROGRAM I.C. SUBPROGRAM I.D. RESOURCE ANALYSIS LEGAL � ADMINISTRATIVE CITIZEN INVOLVEMENT COORDINATION ANALYSIS W.E. I.A.1. . |.. W.E. I.C.1. W.E. I.D.1. W.E. I.D.5. Inventory W.E. I.B.1. Development of Participation Organize Fed- Review of State Questionnaires A-95 Review eral Coordin- Laws � Executive ation Mechanism W.E. I.A.2. Orders Social Analysis W.E. I.C.2. W.E. I.D.2. Development of Development of W.E. I.D.6. W.E. I.B.2. Workshops Federal, Local, _ Organize Inter- W.E. I.A.3. Review of Admin- � Regional state Coordina- Analysis cedures W.E. I.C.3. Publication of Quarterly W.E. I.D.3. W.E. I.D.7. W.E. I.A.4. W.E. I.B.3. Newsletter Development of Organize Intra- Economic | Evaluate Legal g Federal, Local, state Coordin- Analysis Administrative & Regional ation Mechanism Arrangements W.E. I.C.4. Workshops I Organization of Public Hearings W.E. I.D.8. | W.E. I.B.4. 1 1 t | W.E. I.D.4. Organize Local | Legislative & Ad- Development and Regional Coordin- ministrative Re- Maintenance of ation Mechanism commendations Shore Zone Pro- ject Bibliography SUBPROGRAM I.C. SYNTHESIS W.E. I.E.1. .E. I.E.2. W.E. I.E.3. W.E. I.E. W.E. I.E.5. W.E. I.E.6. Environmental Social Policy Economic Policy Priority of Preparation Preparation Policy Frame- Framework | | Framework Problems and of Final of Final Pwork l l F ra eo Issues Legislative Document Package PROGRAM II. TECHNICAL PLAN AND MANAGEMENT PROGRAM W.E. - Work Element effective. Another more specific modeling technique was tested--the Battelle impact assessment model, which can be applied to a single land use or project. Evaluation findings were mixed and additional testing will be required before the technique can be considered successful and beneficial to the coastal zone program. The legal and administrative analysis was conducted primarily under a single consultant contract. The end product was a report, Legal and Administrative Analysis, identifying existing state laws and other legal considera- tions. The report also contained very preliminary recom- mendations regarding coastal zone boundaries and management approaches. The review of administrative procedures was initiated, but will require additional effort. Citizen involvement was less successful than desired in the first year. Quarterly newsletters were publishedI and distributed to over 4,O00 recipients each issue. They were considered effective and the format was reviewed for future improvements. A widely distributed questionnaire and a good citizen response provided a useful perception of local needs and concerns. The most serious problems identified by the recipients were: - Beach and shore erosion. - Lake level too high. - Flooding.U - Poor quality of shoreline and beaches. On the other hand, direct public involvement in the program was not able to achieve the level desired. AnI initial series of citizen workshops held in each shore zone county was moderately successful, but program staff and citizens alike agreed that a much more extensive and betterI organized effort would. be required if the overall program was to be understood, supported, and implemented. Due to the program extension and the loss of program staff, it will be necessary to reorganize this aspect of the Coastal Zone Management Program. Similarly, coordination with other state and Federal agencies was emerging successfully, but most communications were disrupted by the departure of program staff. Efforts of the Division of Water to prepare for the second yearI grant application reestablished many contacts and have established new contacts. Files and records have been well maintained and the prospect of effective coordination is very good. Due to staff reductions prior to or during the com- pletion of the foregoing subprograms, it was impossibleI to complete many of the important synthesis phase work elements, specifically the environmental, social, and economic policy frameworks and the final legislative 2 63 package. However, progress was made on priorities for I ~~problems and issues and a final report was published. During the first year of the program, the Shoreland I ~~Management Section carried out two other responsibilities. First, under Section 312 of P.L.92-583 it chaired an inter- departmental committee to develop an application for an Estuarine Sanctuary Grant to acquire Old Woman Creek in Erie County. Second, it was the Section's responsibility to I ~~coordinate with the U.S. Corps of Engineers dredged spoil disposal program. The major responsibility consisted of maintaining liaison among local community interests, agencies I ~~of the State of Ohio, the Corps of Engineers, and other allied Federal agencies involved in the construction, operation, and maintenance of confined areas in Lake Erie * ~~for containment of polluted dredged spoil material. Throughout the first year program, the Office of Coastal Zone Management within NOAA reviewed progress of the Ohio I ~~program to determine conformance with previously published guidelines. In addition, the Office of Coastal Zone Management amended its guidelines during the same period. Although these amendments are not retroactive, considera- 1 ~~tion of them is important when evaluating performance of tefirst Year and designing an effective transition into 5~~~h second year. A review of program status was conducted at a meeting between NOAA representatives and the ODNR in October, 1975. Among considerations to be taken into account in the second year were: * ~~1. Need for a state level policy body of some type and a means for local community input on a continuing basis. 2. Reassessment of the social-economic impact analysis capability and utility of modeling techniques to decision-makers. * ~~3. Need for enabling legislation. 4. Overall program goals and objectives, given the staff * ~~~reduction and time extension of the first year. Keeping in mind these considerations, it was generally agreed that the first year program had followed NOAA guidelines. 3 ~~~~~~~~~~~27 SECOND YEAR PROGRAM REVIEWU This chapter describes the second year program including minor modifications to the proposed program - such modifications having been approved by NOAA. This chapter embodies the revised program format as previously described. Goals and Objectives The experience of the first year program in Ohio,1 progress in other Great Lakes states, and emerging guide- lines from NOAA, permit and suggest the desired refinement of second year goals and objectives. Basically, theI second year is one of program reorganization and revitali- zation, emphasizing the culmination of research and analysis, the acceleration of participatory activities,I and the evaluation of alternative management opportunities. By contrast, the first year was one of organization and research and the third year will be one of program develop- ment and certification. Specific goals and objectives for the second year are:* Goal: To reorganize and revitalize administrative responsi- bilities for the conduct of the Ohio Coastal Zone Management Program (CZMP).1 Objectives: 1. To reassign overall program responsibility within theI Division of Water. 2. To retain qualified direction, staff, and consultants. 3. To establish an effective administrative process. Goal: To continue research and technical assistanceI relative to the character, value, and limitation of shore zone natural resources and hazards. Objectives: 1. To expand coverage and utilization of the Ohio Capability 3 Analysis Program in the coastal zone. 2. To intensify the analysis of environmentally-sensitive critical areas.I 3. To expedite analysis and technical assistance in erosion and flood hazard areas.I 28 Goal: To continue studies of social and economic trends and impacts in the coastal zone. * ~~Objectives: 1. To coordinate social and economic forecasting with similar activities under the HUD 701 and EPA 208 I ~~~programs. 2. To consider the social and economic impacts of potential management techniques in the coastal zone. 3. To evaluate the potentials and constraints related to development of energy and mineral resources in, or adjacent to, Lake Erie. Goal: To consider' the unique coastal problems and opportuni- ties related to urban areas, especially central cities, developed adjacent to Lake Erie. * ~~Objectives: 1. To consider the needs of commerce and industry dependent * ~~~on relationships to the lake and shoreline. 2. To consider the needs of maritime trade, ports, and 'harbors, including long-term solutions to the problem of dredge spoil disposal. 3. To consider the needs of, and opportunities for, resi- dential and related recreational improvements adjacent to the lake. Coal: To significantly expand and revitalize the program of public information and participation initiated in the first year. * ~~Objectives: 1. To establish a statewide Advisory Group representing a diversity of public and private interests affecting or affected by the future of Lake Erie. 2. To continue relationships with regional planning I ~~~organizations and to establish a program of direct interactions with counties, municipalities, and special districts adjacent to the lake. I ~~3. To expand the dissemination of information to partici- pating and affected organizations and individuals * ~~~utilizing a variety of media. Coal: To establish strong and continuing interaction with Federal agencies and other Great Lakes States I ~~~~in respect to national interests and interstate coordination. * ~~~~~~~~~~~~29 Obj ectives: 1. To comply with the intent and spirit of NOAA guidelines regarding national interest in facility siting and to take full advantage of Federal programs providing solutions to coastal zone problems. 2. To be an active participant in established organiza- tions dealing with common interstate and international issues related to the Great Lakes. Goal: To establish and maintain intimate and effective operating relationships with other state agencies, divisions, and commissions of the State of Ohio. Objectives: 1. To establish a workgroup of state agencies to coordinate basic policies related to the coastal zone, especially those emerging from the HUD 701 and EPA 208 programs. 2. To pursue the formulation and effective implementation of coordinated permit issuance and project review procedures in the coastal zone. 3. To coordinate closely with the Ohio Land Use Review Committee in the study and recommendation of land use policies and legislation for the entire state. Goal: To establish and maintain liaison with the state legislature, and to recommend new legislation as is deemed appropriate to the implementation of the Coastal Zone Management Program. Objectives: 1. To brief the state legislature on the purpose and pro- gress of the Ohio CZMP and to maintain a continuing liaison with legislators whose districts are within the coastal zone. 2. To prepare, submit to the legislature, and support newI legislation that may be desireable in the second year program to improve its overall effectiveness.U Goal: To identify and evaluate alternative means of managing land and water uses in the coastal zone in order to solve problems and pursue opportunities for improvement. Objectives:3 1. To evaluate alternative coastal zone management boundaries in concert with alternative means of management. 30I 2. To evaluate alternative means of managing land and water uses of direct and significant impact, uses of regional benefit, and areas of particular concern. I ~~3. To coordinate means of management with existing Federal and state programs of air and water pollution * ~~~control. i4. To consider methods and techniques for resolving con- flicts between them within the public and private 3 ~~~sectors. Summary of Work Elements * ~~~The second year program consists of forty separate work elements in eight categories, totaling $599,000 over a fifteen-month planning period. Of this total, $220,000 is provided as state match, and $379,000 is a grant from the U.S. Department of Commerce. An outline of work elements and their budgets is contained in Table 3, and the schedule of work is illustrated in Figure 6. A detailed description of each work element is contained in Appendix D. TABLE 3 OUTLINE OF SECOND YEAR WORK ELEMENTS Work Element Budget 1. Boundaries 1.1 Evaluation of Boundary Alternatives $ 5,000 5,000 2. Permissible Uses 2.1 Ohio Capability Analysis Program (OCAP) 150,000 2.2 Uses of Direct and Significant Impact 12,000 2.3 Social and Economic Analysis 11,000 2.4 Commercial and Industrial Uses 7,000 2.5 Residential and Recreational Uses 7,000 187,000 3. Geographic Areas of Particular Concern 3.1 Ports and Harbors 5,000 3.2 Dredge Spoil Disposal 5,000 3.3 Fisheries Resources 5,000 3.4 Environmental Areas Program 35,000 3.5 Land Ownership Patterns 5,000 3.6 Sand and Gravel Resources 10,000 3.7 Island Resources 14,000 3.8 Historic Resources 6,000 3.9 Flood Plains 5,000 3.10 Erosion Areas 50,000 3.11 Water Quality Assessment 5,000 3.12 Air Quality Assessment 5,000 150,000 4. Public and Governmental Involvement 4.1 Public Information 65,000 4.2 Meetings, Workshops, and Seminars 8,000 4.3 Advisory Groups 70,000 4.4 Local Agency Participation 12,000 4.5 Policy Issues Summary 5,000 160 ,000 5. State/Federal Interaction and National Interest 5.1 NOAA Conferences 1,000 5.2 Great Lakes Basin Commission 4,000 5.3 Great Lakes Commission 1,000 5.4 National Interest in Facility Siting 5,000 5.5 U.S.C.E. Permitting Procedures 2,000 13,000 32 Work Element Budget 6. Organization 6.1 Information Clearinghouse $ 1,000 6.2 State Agency Coordination 10,000 6.3 Ohio Land Use Review Committee 3,000 6.4 Project Review 4,000 19,000 7. Authorities 7.1 Legislative Liaison 1,000 7.2 Legislation 2,000 7.3 Codes and Ordinance Review 7,000 10,000 8. Administration 8.1 Program Management 20,000 8.2 Clerical and Graphic Support 20,000 8.3 Overall Program Design 10,000 8.4 Third Year Grant Application 3,000 8.5 Annual Audit 2,000 55,000 33 Summary of Program Budget 1. Boundaries $ 5,000 2. Permissible Uses 187,000 3. Geographic Areas of Particular Concern 150,000 4. Public and Governmental Involvement 160,000 5. State-Federal Interaction and National Interest 13,000 6. Organization 19,000 7. Authorities 10,000 8. Administration 55,000 TOTAL $599,000 State Share, 220,000 Federal Share, 379,000 Allocation of State Share: Ohio Capability Analysis Program $150,000 Ohio Geological Survey 40,000 Other Department of Natural Resources 30,000 TOTAL $220,000 34 FIGURE 6 WORK SEQUENCE DIAGRAM STATE OF OHIO COASTAL ZONE MANAGEMENT PROGRAM SECOND PROGRAM DEVELOPMENT YEAR TIME IN MONTHS 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 CALENDAR MONTHS JULY 1976 AUG. SEPT. OCT. NOV. DEC. JAN. 1977 FEB. MAR. APRIL MAY JUNE JULY AUG. SEPT. BOUNDARIES NAASTIOlA PERMISSIBLE LAND IMPACT AND WATER USES .� 'I IT L l [ [ IE LPLANNING PROCESSES MANAGEMENT PROGRAM SYNTHESIS ASUAIF I STATE AND FEDERAL AS' M 1 INTERACTION I FTX/IP TA/SIS~iitil I , I AL AUTHORITIES S , L ADMINISTRATION. . Prepared by ROBERT B. TESKA ASSOCIATES Performance Review3 The second year program has achieved its many goals and objectives. Perhaps the three most important accomplishments have been to reestablish staff capability and programI momentum, to accelerate the land capability analyses, and to involve citizen and technical personnel at all levels of government.1 First, following the virtual moratorium on the first year program, the ODNR Division of Water created a Coastal Zone Management Section, appointed a new supervisor, and assembled a support staff of seven professionals and technicians. Additional staff was added to the Ohio Capability Analysis Program team, and personnel resourcesI of other ODNR groups were made available as needed. The result: Ohio's Coastal Zone Management Program has established full capability and has exceeded the momentumI established at the peak of the first year program. Second, representative of this progress is the fact that the program has been a-mended to include four (rather than three) coastal counties in its land capability analysis this year. It was determined that intensive mapping of resource data would be accomplished at the *magnified scaleI of 1:14,800 for the 1,000 meters nearest the shoreline and that the remainder of the counties would be mapped at a scale of 1:214,000.1 Third, in all aspects of the program the Coastal Zone Management Section has involved a substantial number of participants from other governmental agencies and theI general public. Much of the work originally identified as a staff or consultant responsibility has been subcon- tracted to county or regional planning agencies, municipalities, port districts, and other state agencies. This has many advantages, including improved coordination and the sharing of existing technical expertise--especially that which derives from day-to-day local contact with coastal problems and opportunities. A critical step taken during the year was the creationI of Citizen Advisory Groups for each of the nine coastal counties (see Figure 7). All of these groups are active and have met on several occasions. The ODNR providesI direct staff support for these groups. In addition, the ODNR Office of Public Information and Education has formulated and documented an extensive * public relations program, including a slide-film presenta- tion, brochures, radio, television and newspaper coverage, and personal appearances. 361 m ImIm m - - m i i - - FIGURE 7 PUBLIC AND GOVERNMENTAL INVOLVEMENT Governor I Ohio Department of Natural Resources Shoreland Management Unit I . l~~~~~~~~~~~~~~~~~~~~ State CZM | | Ashtabula County Lorain County | | National and Interstate Coordinating Committee Advisory Group Advisory Group Coordination Cuyahoga Cony Lucas-Wood County Advisory Group Advisory Group Ohio Shoreline Advisory Group Erie County Ottawa-Sandusky County Advisory Group J Advisory Group Lake County Advisory Group Finally, in order to accomplish this substantial second year effort in an orderly fashion and avoid undue haste in critical work elements, the ODNR requested and received from NOAA a three-month extension to its twelve- month program. In virtually every way, however, theI effort has remained consistent with its work programs and has remained on or close to its intended schedule. ~~~~~~~~~~~~~~~~~38: THIRD YEAR WORK PROGRAM As of this writing, the Ohio Coastal Zone Management Program is entering its third program year. By contrast with the preparatory activities of previous years, the third year will be one of program development, evaluation, and recommendation. It is a period of intense involvement for professional staff, 3 ~~responsible public officials, and citizen advisors. Goals and Objectives 3 ~~~Specific goals and objectives for the third year are: Goal: To continue research and technical assistance relative to the character, value, and limitation of coastal zone natural resources and hazards. * ~~Objectives: To complete coverage and expand utilization of the Ohio Capability Analysis Program in the coastal zone. Goal: To substantially expand public and local govern- mental involvement in the coastal zone program. I ~~Objectives: 1. To increase funding for local agency participation I ~~~in analysis and planning. 2. To accelerate the activities of county advisory 3 ~~~~groups. 3. To provide a local assistance office of the Division * ~~~of Water in the coastal zone. 4. To continue the dissemination of information, including educational material, to participating and affected I ~~~organizations and individuals, utilizing a variety of media. Goal: To maintain strong and continuing interaction with Federal and other state agencies, including other Great Lakes states. I ~~Objectives: 1. To comply with the intent and spirit of N\OAA guide- U ~~~lines regarding national interest in facility siting. 1 ~~~~~~~~~~~~39 2. To be an active participant in established organizations dealing with common interstate and international issuesI related to the Great Lakes. 3. To maintain a workgroup of state agencies and to5 coordinate related policies and programs. 4b. To strengthen liaison with the state legislature.5 Goal: To recommend and publish a composite Coastal Zone Management Program for Ohio and Lake Erie.3 Objectives: 1. To recommend coastal zone boundaries, permitted land 1 and water uses, areas of particular concern, means of management, organizational structure, and proposed legislation if required. 2. To document the state's planning process for beach access, energy facilities, and shoreline erosion. 3. To evaluate environmental impacts of program recom- mendations. 4b. To hold public hearings on the preliminary Coastal Zone Management Program. 5. To approve, at the departmental level, a refined andI recommended Coastal Zone Management Program for review and certification by the legislature and Governor in the fourth year. Summary of Work Elements The third year program consists of thirty-six work elements in ten categories. It is Ohio's largest annual program in the plan development phase, totaling $755,000. Of this total eighty percent is to be funded by theI U.S. Department of Commerce and twenty percent by the State of Ohio. The state share will be provided by existing staff; no cash outlay is required. An outline of work elements and budgets is contained in Table Lb and the schedule of work is illustrated in Figure 8. A detailed description of each work element is contained in Appendix E. 40~~~~~~~ TABLE 4 STATE OF OHIO COASTAL ZONE MANAGEMENT PROGRAM THIRD YEAR WORK PROGRAM OUTLINE Work Activity Budget Subtotal 1. Boundaries 1.1 Coastal Zone Boundaries $ 20,000 $ 20,000 2. Permissible Uses 2.1 Ohio Capability Analysis Program 57,000 2.2 Permissible Uses and Priorities 16,000 2.3 Uses of Regional Benefit 9,000 2.4 Management Techniques for Uses 20,000 102,000 3. Areas of Particular Concern 3.1 Areas of Particular Concern 15,000 3.2 Management Techniques for APCs 20,000 35,000 4. Planning Processes 4.1 Beach Access 10,000 4.2 Energy Facilities 15,000 4.3 Shoreline Erosion 10,000 35,000 5. Public and Governmental Involvement 5.1 Public Information 47,000 5.2 Meetings g Presentations 6,000 5.3 Advisory Groups 42,000 5.4 Local Agency Participation 155,000 250,000 6. Federal and Interstate Coordination 6.1 NOAA Conferences 1,000 6.2 Great Lakes Basin Commission 4,000 6.3 Great Lakes Commission 1,000 6.4 National Interest and Consistency Agreements 12,000 6.5 Environmental Assessment 25,000 6.6 Water and Air Requirements 8,000 51,000 41 Work Activity Budget Subtotal 7. Organization 7.1 Information Clearinghouse $ 4,000 7.2 State Agency Coordination 12,000 7.3 Project Review 15,000 7.4 Organizational Structure 45,000 $ 76,000 8. Authorities 8.1 Legislative Liaison 5,000 8.2 Legislation 10,000 8.3 Local-State Authorities 33,000 48,000 9. Administration 9.1 Program Management 15,000 9.2 Clerical and Technical Support 18,000 9.3 Application for Fourth Year Grant 3,000 9.4 Annual Audit 2,000 9.5 Local Assistance Office 15,000 53,000 10. Management Program Synthesis 10.1 Goals and Objectives 10,000 10.2 Composite Management Program 40,000 10.3 Publish Preliminary Program 20,000 10.4 Public Hearing and Adoption 15,000 85,000 TOTAL $755,000 Federal Share 600,000 State Share 155,000 42 FIGURE 8 'WORK SEQUENCE DIAGRAM TATE OF OHIO COASTAL ZONE MANAGEMENT PROGRAM THIRD PROGRAM DEVELOPMENT YEAR TIME IN MONTHS 1 2 3 4 5 B 7 8 9 10 11 12 13 14 15 A LENDAR MONTHS OCT. NOV. DEC. JAN. 1978 FEB. MAR. APRIL MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. PERMISSIBLE LAND AND WATER USES EDOGRAPHIC AREAS OF ____ ARTICULAR CONCERN IPLANNING PROCESSES ,TES MIANAGEMENT I tJ4ANIS7VO~l PROGRAM SYNTHESIS - SNLNYAEE- I _ _I~~~~~~~~~~~~~~~~~~~~~~~I ---- .......... . ~EB Is~IA _A' [A ,[CC5 IT T MI NTERACT I ON l I 1prepared by ROBERT BI~.._ _KAASOIAE OROGANIZATION I SNALNAS ~ ~ ~ ~ :IA I I AUTHOAITIES AD15 I _ DM IHASAL 1NNASA I I I Iprepared by ROBERT B. TESKA ASSOCIATES I~~ 5UI5C FOURTH YEAR WORK PROGRAM The specific nature of the fourth year program is highly speculative at this time. However, if the third year program accomplishes its goals and objectives, the purpose of the fourth annual program development grant is clear -- to establish full eligibility for program implementation. The following is a brief introduction to the fourth year. Goals and Objectives Specific goals and objectives for the fourth year are: Goal: To receive legislative authority to implement the recommended Ohio Coastal Zone Management Program (CZMP). Objectives: 1. To present the recommended Ohio CZMP to members of the Ohio General Assembly. 2. If required, to receive approval of the Ohio CZMP from the General Assembly. 3. If required, to obtain enactment by the General Assembly of new enabling legislation required to implement the CZMP. Goal: To receive certification of the CZMP from the Governor. Objectives: 1. To present the recommended CZMP to the Governor. 2. To obtain the Governor's approval of the CZMP. 3. To receive the Governor's certification that the State has all resources required to implement the CZMP. Goal: To receive approval of the CZMP from the U.S. Secretary of Commerce. Objectives: 1. To present the certified CZMP to the U.S. Secretary of Commerce. 2. To receive approval for full implementation of the CZMP. 44 3. To present a grant application for first year imple- I ~~~mentation to the U.S. Secretary of Commerce. 4~. To receive approval of the first year implementation I ~~~grant. Goal (Optional): To initiate partial implementation of the recommended CZMP. Objectives: I ~~1. To present a grant application to NOAA for partial implementation funding. I ~~2. To receive approval from NOAA for the partial implementation grant. * ~~Summary of Work Elements No specific summary of work elements has been prepared at this time. However, it is estimated that the fourth year planning budget will be approximately $300,000, of which eighty percent will be funded by the U.S. Department of Commerce. If partial implementation is pursued, the additional budget is estimated to approximate $600,000. Most of these funds would be allocated to counties, municipalities, and regional agencies for local coastal zone management activities. I ~ ~~These activities might include: acquisitio fpbi beach access and wetlands; technical assistance for hazard area protection; conflict resolution; educational programs; I ~~maintenance of a Coastal Zone Management Office in the coastal zone. I~~~~~~~~~~~4 I I I I I I I I I I I APPENDICES I I I I I I I I I I I I I I I I I APPENDIX A COASTAL ZONE MANAGEMENT ACT OF 1972 U AS AMENDED, 1976 i I I I I I I I * ~~~~~~~~~~~~~A- I COASTAL ZONE MANAGEMENT1 ACT AMENDMENTS OF 1976 (P..L. 94-370) INCORPORATED IN!IO THE COASTAL ZONE MANAGEMENT ACT OF 1972 (P.L. 92-583) U ~~~~~~~~~~~AN ACT I ~To establish a national policy and develop a national program for the management, beneficial use, protection, and development of the land and water resources of 3 ~~~the Nation's coastal zones, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for a U ~comprehensive, long-range, and coordinated national program in marine science, to establish a National Council on Marine Resources and Engineering Development, and a Commission on Marine Science, Engineering and Resources, and for other purposes", approved June 17, 1966.(80 Stat. 203), as amended (33 U.S.C. 1101-1124), is further amended by adding at the end thereof the following new title: I ~~~~~~~TITLE III--MANAGEMENT OF THE COASTAL ZONE SHORT TITLE Sec. 301. This title may be cited as the "Coastal Zone Management Act of 1972:." CONGRESSIONAL FINDINGS Sec. 302. The Congress finds that -- I ~~~(a) There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. (b) The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. I ~~~(c) The increasing and competing demands upon the lands and waters of our coastal' zone occasioned by population growth and economic development, inclucing requirements for industry, commerce, residential development, recreation, extraction I ~of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. (d) The coastal zone, and the fish, shellfish, other living marine resources, ana wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations. (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. A-2 (f) Special natural and scenic characteristics are being damaged by ill-planned aevelopment that threatens these values. (q) In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state ana local institutional arrangements for planning and regulating land and water uses in such areas are inaaequate. (h) The Key to more effective protection and use of the lana ana water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooperation with Federal and local governments ana other vitally affected interests, in developing land and water use programs for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with lana and water use decisions of more than local significance. (i) The national objective of attaining a greater degree of energy self- sufficiency would be advanced by providing Federal financial assistance to meet state and local needs resulting from new or expanded energy activity in 'or affecting the coastal zone. DECLARATION OF POLICY Sec. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourage ana assist the states to exercise effectively their responsibilities in the coastal zone through the development and implemention ot management programs to achieve wise use o� the lana and water resources of the coastal zone giving full consioera- tion to ecological, cultural; historic, ana esthetic values as well as to neeas for economic aevelopment, (c) tor all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with state anm local governments and regional agencies in effectuating the purposes of this title, an6 (a) to encourage the participation of the public, of Federal, state, and local governments am of regional agencies in the development of coastal zone management programs. with respect to implementation of such management programs, it is the national policy to encourage cooperation among the various state am regional agencies, including establishment of interstate and regional agreements, cooperative procedures, and joint action particularly regarding environmental programs. DEF INITIONS Sec. 304. For the purposes of this title-- (l) The term "coastal zone" means the coastal waters (including the lanas therein and thereunder) and the adjacent shorelands (incluaing the waters therein ano thereunoer), strongly influenceo by each other and in proximity to the shorelines of the several coastal states, and incluaes islands transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States an Canada and, in other areas, seaward to the outer limit of the United States territorial sea. The zone extenos inland from the shorelines only to the extent necessary to control shorelanos, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. A-3 (2) The term "coastal waters" means (A) in the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, roadsteads,and estuary-type areas such as bays, shallows, and marshes; and (B) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries. (3) The term "coastal state" means a state of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. For the purposes of this title, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Samoa. (4) The term "coastal energy activity" means any of the following activities if, and to the extent that (A) the conduct, support, or facilitation of such activity requires and involves the siting, construction, expansion, or operation of any equipment or facility; and (B) any technical requirement exists which, in the determination of the Secretary, necessitates that the siting, construction, expansion, or operation of such equipment or facility be carried out in, or in close proximity to, the coastal zone of any coastal state; (i) Any outer Continental Shelf energy activity; (ii) Any transportation, conversion, treatment, transfer, or storage of liquefied natural gas. (iii) Any transportation, transfer, or storage of oil, natural gas, or coal (including, but not limited to, by means of any deepwater port, as defined in section 3(10) of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10)). For purposes of this paragraph, the siting, construction, expansion, or operation of any equipment or facility shall be "in close proximity to" the coastal zone of any coastal state if such siting, construction, expansion, or operation has, or is likely to have, a significant effect on such coastal zone. (5) The term "energy facilities" means any equipment or facility which is or will be used primarily-- (A) in the expl oration for, or the development, production, conversion, storage, transfer, processing, or transportation of, any energy resource; or (B) for the manufacture, production, or assembly of equipment, machinery, products, or devices which are involved in any activity described in subparagraph (A). The term includes, but is not limited to (i) electric generating plants; (ii) petroleum refineries and. associated facilities; (iii) gasification plants; (iv) facilities used for the transportation, conversion, treatment, transfer, or storage of liquefied natural gas; (v) uranium enrichment or nuclear fuel processing facilities; (vi) oil and gas facilities, including platforms, assembly plants, storage depots, tank farms, crew and supply bases, and refining complexes; (vii) facilities, including deepwater ports, for the transfer of petroleum; (viii) pipelines and transmission facilities; and (ix) terminals which are associated with any of the foregoing. (b) The term "estuary" means that part of a river or stream or other body of water having unimparied connection with the open sea, where the sea water is measurably diluted with fresh water derive( from l&i drainage. The term includes estuary-type areas of the Great Lakes. 3 (7) The term "estuarine sanctuary" means a research area which may include any part or all of an estuary and island, transitional area, and upland in, adjoining, or adjacent to sucn estuary, and which constitutes to the extent feasible a natural unit, set aside to provioe scientists and students the opportunity to examine over a period of time the ecological relationships within the area. (8) The term "Fund" means the Coastal Energy Impact Fund established by I section 30U(h). (9) The term "land use" means activities which are conducted in, or on the shorelands within, the coastal zone, subject to the requirements outlined in section 307(g). (10) The term "local government" means any political subdivision of, or any special entity created by, any coastal state which (in whole or part) is located in, or has authority over, such state's coastal zone and which (A) has authority to levy taxes, or to establish and collect user fees, or (B) provides any public facility or public service which is financed in whole or part by taxes or user tees. The term includes, but is not limited to, any school district, fire district, transportation authority, and any other special purpose district or authority. (11) The term "management program" includes but is not limited to, a comprehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this title, setting torth objectives, policies, and standards to guide public and private uses of lands and waters in the coastal zone. (12) The term "outer Continental Shelf energy activity" means any exploration tor, or any development or production of, oil or natural gas from the outer Continental Shelf (as aefined in section 2(a) of the Outer Continental Shelf Lands Act (43 U.S.C. 1331(a)), or the siting, construction, expansion, or operation of any new or expanded energy facilities directly required by such exploration, development, or production. (13) The term "person" means any individual, any corporation, partnership, association, or other entity organized or existing under the laws of any state; the Federal Government; any state, regional or local government; or any entity of any such Feoeral, state, regional, or local government. (14) The term "public facilities and public services" means facilities or I services which are financed, in whole or in part, by any state or political subdivision thereof, including; but not limited to, highways anm secondary roaas, parking, mass transit, docks, navigation aids, fire and police protection, water supply, waste collection ana treatment (including drainage), schools and education, arn hospitals and health care. Such term may also include any other facility or service so financed which the Secretary finds will support increased population. (15) The term "Secretary" means the Secretary of Commerce. I ~~~~~~~~~~~~~~A- 5 (16) The term "water use" means activities which are conducted in or on the I ~water; but does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria, or regulations which are incorporated in any program as I ~ ~required by the provisions of section 307(f). MANAGEMENT PROG3RAM DEVELOPMENT GRANTS I ~Sec. 305. (a) The Secretary may make grants to any coastal state-- (1) under subsection (c) for the purpose of assisting such state in the I ~development of a management program for the land and water resources of its coastal zone; and U ~~~(2) under subsection (d) for the purpose of assisting such state in the m ~completion of the development, and the initial implementation, of its management program before such state qualifies for administrative grants under section 306. I ~~~(b) The management program for each coastal state shall include each of the following requirements: j ~~~(1) An identification of the boundaries of the coastal zone subject to the management program. (2) A definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the 1 ~~~(3) An inventory and designation of areas of particular concern within the coastal zone. 1 ~~~(4) An identification of the means by which the state proposes to exert control over the land uses and water uses referred to in paragraph (2), including a listing of relevant constitutional provisions, laws, regulations,, and judicial I ~decisions. (5) Broad guidelines on priorities of uses in particular areas, including I ~specifically those uses of lowest priority. (6) A description of the organizational structure proposed to implement such management program, including the responsibilities and interrelationships of local, areawide, state, regional, and interstate agencies in the management process. (7) A definition of the term "beach" and a planning process for the protection of, and access to, public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value. (8) A planning process for energy facilities likely to be located in, or I ~which may significantly affect, the coastal zone, including, but not limited to, a process for anticipating and managing the impacts frcrm such facilities. (9) A planning process for (A) assessing the effects of shoreline erosion (however caused), and (B) studying and evaluating ways to control, or lessen the impact of, such erosion, and to restore areas adversely affected by such erosion. A-6 No management program is required to meet the requirements in paragraphs (7), (8), ana (9) before October 1, 1978. (c) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a)(1) if such state reasonably demonstrates to the satisfaction of the Secretary that such grant will be used to develop a manage- ment program consistent with the requirements set forth in section 306. The amount of any such grant shall not exceed 80 per centum of such state's costs for such purposes in any one year. No coastal state is eligible to receive more than four grants pursuant to this subsection. After the initial grant is made to any coastal state pursuant to this subsection, no subsequent grant shall be made to such state pursuant to this subsection unless the Secretary finds that such state is satisfacto- rily developing its management program. (d)(1) The Secretary may make a grant annually to any coastal state for the purposes described in subsection (a)(2) if the Secretary finds that such state meets the elibibility requirements set forth in paragraph (2). The amount of any such grant shall not exceea 80 per centum of the costs for such purposes in any one year. (2) A coastal state is eligible to receive grants under this subsection if it has-- (A) developed a management program which-- (i) is in compliance with the rules and regulations promulgated to carry out subsection (b), but (ii) has not yet been approved by the Secretary under section 306; (B) specifically identified, after consultation with the Secretary, any deficiency in such program which makes it ineligible for approval by the Secretary pursuant to section 306, and has established a reasonable time schedule during which it can remedy any such deficiency; (C) specified the purposes for which any such grant will be used; (D) taken or is taking adequate steps to meet any requirement under section 306 or 307 which involves any Federal official or agency; and (E) complied with any other requirement which the Secretary, by rules and regulations, prescribes as being necessary and appropriate to carry out the purposes of this subsection. (3) No management program for which grants are maae under this subsection shall be considered an approved program for purposes of section 307. (e) Grants under this section shall be made to, and allocated among, the coastal states pursuant to rules and regulations promulgated by the Secretary; except that -- (1) no grant shall be made under this section in an amount which is more than 10 per centum of the total amount appropriated to carry out the purposes of this section, but the Secretary may waive this limitation in the case of any coastal state which is eligible for grants under subsection (d); and A-7 (2) no grant shall be made under this section in an amount which is less than I per centum of the total amount appropriated to carry out the purposes of this section, but the Secretary shall waive this limitation in the case of any coastal state which requests such a waiver. (f) The amount of any grant (or portion thereof) made under this section which is not obligated by the coastal state concerned during the fiscal year for which it was first authorized to be obligated by such state, or during the fiscal year immediately following, shall revert to the Secretary who shall acid such amount to the funds available for grants under this section. (g) With the approval of the Secretary, any coastal state may allocate to any local government, to any areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, to any regional agency, or to any interstate agency, a portion of any grant received by it under this section for the purpose of carrying out the provision of this section. (h) Any coastal state which has completed the development of its management program shall submit such program to the Secretary for review and approval pursuant to section 306. Whenever the Secretary approves the management program of any coastal state under section 306, such state thereafter -- (1) shall not be eligible for grants under this section; except that such state may receive grants under subsection (c) in order to cemply with the require- ments of paragraphs (7), (8), and (9) of subsection (b); and (2) shall be eligible for grants under section 306. (i) The authority to make grants under this section shall expire on September 30, I ~1979. ADMINISTRATIVE GRANTS Sec. 306. (a) The Secretary may make a grant annually to any coastal state for not more than 80 per centum of the costs of administering such state's management program if the Secretary (1) finds that such program meets the requirements of section 305(b), and (2) approves such program in accordance with subsections (c), (d), and (e). (b) Such grants shall be allocated to the states with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other relevant factors. Provided, that no annual grant made under this section shall be in excess of $2,000,000 for fiscal year 1975, in excess of $2,500,000 for fiscal year 1976, nor in excess of $3,000,000 for fiscal year 1977: Provided further, that no annual grant made under this section shall be less than I per centum of the total amount appropriated to carry out the purposes of the section: And provided further, That the Secretary shall waive the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal state involved requests such a waiver. (c) Prior to granting approval of a management program submitted by a coastal state, the Secretary shall find that: A-8 (1) The: state has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, am with the opportunity of full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, public and private, which is adequate to carry out the purposes of this title and is consistent with the policy aeclared in section 303 of this title. (2) The state has: (A) coordinated its program with local, areawide, and interstate plans applicable to areas within the coastal zone existing on January 1 of the year in which the state's management program is submitted to the Secretary, which plans have been developed by a local government, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agency or an interstate agency; and (B) established an effective mechanism for continuing consultation and coordination between the management agency designated pursuant to paragraph (5) of this subsection ana with local government, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the purposes of this title; except that the Secretary shall not find any mechanism to be "effective" for purposes of this subparagraph unless it includes each of the following requirements: (i) Such management agency is requirea, betore implementing any management program cecision which would conflict with any local zoning ordinance, decision, or other action, to send a notice of such management program decision to any local government whose zoning authority is affected thereby. (ii) Any such notice shall provide that such local government may, within the 30-day period commencing on the date of receipt. of such notice, submit to the management agency written comments on such management program decision, and any recommendation for alternatives thereto, if no action is taken during such period which would conflict or interfere with such management program decision, unless such local government waives its right to comment. (iii) Such management agency, if any such camments are submitted to it, within such 30-day period, by any local government -- (I) is required to consider any such comments, (II) is authorized, in its discretion, to holo a public hearing on such comments, ana (III) may not take any action within such 30-day period to implement the management program decision, whether or not modified on the basis of such comments. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed ari approved by the Governor. I ~~~~~~~~~~A-9 (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the management program required under I ~paragraph (1) of this subsections (b) The state is organized to implement the management program required under paragraph (1) of this subsection. 3 ~~(7) The state has the authorities necessary to implement the program, includ- ing the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration of the national interest involved in planning for, and in the siting of, facilities (inclucing energy facilities in, or which significantly affect, such state's coastal zone) which are necessary to meet requirements which are other than local in nature. In the case of such energy'facilities, the Secretary shall find that the state has given such consideration to any applicable interstate energy plan or program. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or esthetic values. I ~~(d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration I ~Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with I ~the management program. Such authority shall include power -- (1) to administer land and water use regulations, control development in order to ensure compliance with the management program, and to resolve conflicts U ~among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program. (e) Prior to granting approval, the Secretary shall also find that the 3 ~program provides: (1) for any one or a combination of the following general techniques for 3 ~control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement of compliance; I ~ ~~(B) Direct state land and water use planning and regulation; or (C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any state or local authority or private developer, with power to approve or disapprove after. public notice and an opportunity for hearings. (2) for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. A-10 (f) With the approval of the Secretary, a state may allocate to a localI government, an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agency, or an interstate agency, a portion of the grant under this section for the purpose of carrying out5 the provisions of this section: Provided, that such allocation shall not relieve the state of the responsibility for ensuring that any funds so allocated are applied in furtherance of such state's approved management program. (g) Any coastal state may amend or modify the management program which it has submnitted and which has been approved by the Secretary under this section, pursuant to the required procedures described, in subsection (c). Except with-respect to, any such amendment which is made before October 1, 1978, for the purpose of complying with the requirements of paragraphs (7), (8), and (9) of section 305(b), no grant shall be made under this section to any coastal state after the date of such an amendment or modification, until the Secretary approves such amerndent or modification. (h) At the discretion of the state and with the approval of the Secretary, a 3 management program may be developed and adopted in segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management programs: Provided, that the state adequately provides for the ultimate coordination ot the various segments of the management program into a single unified program and that the unified program will be comnpleted as soon as is reasonably practicable.3 COORDINATION AND COOPERATION See. 307.1 (a) In carrying out his functions and responsibilities under this title, the Secretary shall consult with, cooperate with, and to the maximum extent practicable, I coordinate his activities with other interested Federal agencies. (b) The Secretary shall not approve the management program submitted by a state pursuant to section 306 unless the views of Federal agencies principallyI affected by such program have been adequately considered. (c)(1) Each Federal agency conducting or supporting activities directly3 affecting the coastal zone shall conduct or support those activities in a manner which is, to the maximum extent practicable, consistent with approved state manage- ment programs.3 (2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs. (3)(A) After final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct an activityI affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permitting agency a certification that the proposed activity complies with the state's approved ~program and that such- activity will be conducted in a manner consistent with the program. At'the sanie 'time, the applicant shall furnish to the state or its designated agency a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such certifications and, to theI A-11 Iextent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable time, the state or its designated agency shall notify the Federal agency concerned that. the state concurs with or objects to the applicant's certification. 1i the state or its designated agency tails to furnish the required I notification within six months after receipt of its copy of the applicant's certifica- tion, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its Idesignated agency has concurred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds, after providing a reasonable opportunity for detailed comments from the Federal agency I involved and from the state, that the activity is consistent with the objectives of this title or is otherwise necessary in the interest of national security. (B) After the management program of any coastal state has been approved by I the Secretary under section 306, any person who submnits to the Secretary of the interior any plan for the exploration or developmnent of, or production from, any I area which has been leased under the Outer Continental Shelf Lands Act (43 U.S.C. 1331, et seq.) and regulations under such Act shall, with respect to any exploration, development, or production described in such plan and af fecting any land use or water use in the coastal zone of such state, attach to such plan a certification I that each activity which is described in detail in such plan complies with such state's approved management program and will be carried out in a manner consistent with such program. No Federal official or agency shall grant such person any Ilicense or permit for any activity described in detail in such plan until such state or its designated agency receives a copy of such certification and plan, together with any other necessary data and information, and until -- (i) such state or its designated agency, in accordance with the procedures I required to be established by such state pursuant to subparagraph (A), concurs with such person's certification and notifies the Secretary and the Secretary of the I Interior of such concurrence; (ii) concurrence by such state with such certification is conclusively presumed, I as provided for in subparagraph (A); or (iii). the Secretary finds, pursuant to subparagraph (A), that each activity which is described in detail in such plan is consistent with the objectives of this I title or is otherwise necessary in the interest of national security. If a state concurs or is conclusively presumed to concur, or if the Secretary I makes such a finding, the provisions of subparagraph (A) are not applicable with respect to such person, such state, and any Federal 'license or permit which is required to conduct any activity affecting land uses or water uses in the coastal zone of such state which is described in detail in the plan to which such concurrence or finding applies. If such state objects to such certification and if the Secretary fails to make a finding under clause (iii) with respect to such certifica- tion, or if such person fails substantially to comply with such plan as submitted, such person shall submit an amendment to such plan, or a new plan, to the Secretary I of the Interior. With respect to any amendment or new plan submitted to the Secretary of the Interior pursuant t6 the preceding sentence, the applicable time Iperiod for purposes of concurrence by conclusive presumption under subparagraph (A) is 3 months; and A-12 (6) State and local governments submitting applications for Federal assistance 3 under other Federal programs affecting 'the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management program for the coastal zone. Such applications shall be sulmitted and coordinated in accordance with the provisions of Title IV of the Intergovernmental Coordination Act of l166 (82 Stat. 1098). Federal agencies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding by the Secretary that such project is consistent with the purposes of this title or necessary in the interest of national security. (e) Nothing in this title shall be construed -- I (1) to diminish either Federal or state jurisdiction, responsibility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more states or of two or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; (2) as superseding, modifying, or repealing existing laws applicable to the 3 various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pursuant to the Columbia River Basin Treaty, signed at washington, January 17, 1961, or the International Boundary and Nater Commission, United States and Mexico. (f) Notwithstanding any other provision of this title, nothing in this title 3 shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, asamended, or the Clean Air Act, as amended, or (2) established by the Federal Government or by any state or local government pursuant to such 3 Acts. Such requirements shall be incorporated in any program developed pursuant to this title and shall be the water pollution control and air pollution control requirements applicable to such program. (g) When any state's coastal zone management program, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be hereafter enacted, the Secretary, prior to approving such program, shall obtain the concurrence of the Secretary of the Interior, or such other Federal official as may be designated to administer the national lana use program, with respect to that portion of the coastal zone manage- ment program affecting such inland areas. (h) In case of serious disagreement between any Federal agency and a coastal I state -- (1) in the development or the initial implementation of a management program 3 under section 305; or (2) in the administration of a management program approved under section 306; the Secretary, with the cooperation of the Executive Office of the President, shall seek to mediate the differences involved in such disagreement. The process of such mediation shall, with respect to any disagreement described in paragraph (2), include public hearings which shall be conducted in the local area concerned . A-13 COASTAL ENERGY IMPACT PROGRAM SEc. 308. (a)(l) The Secretary shaill amlinister and coordinate, as part of thile coastal zone 1management. activities of the Federal Gov- ernienet provided for under this title, a coastal energy impact prograIn. Such programn shall consist of the provision of financial assistance to meet the needs of coastal states and local governments in such states resulting from specified activities involving energy devel- opment. Such assistance, whicll inelhides-- (A) grants, undler subsection (I,), to coastal stall(es ro thi' pIurposes set. forth in sub.se:tion (h)(4.) with respect to conlse- qliences resulting from thile energy aetivilies specified tlherlin: (1B) grants, minder silbsection (e), to coastal states for studyl of, and pl:lnin for, consequllences relating to now or expande,; ener.gy facilities in, or which significant Iv affect, tile co:asal zone: (C) loans, under subsection (d) (1), to coastal states and units of general purpose. local. government to assist such states andi units to provide new or improved public facilities or public serv- ices which are required as a result of coastal energy activity: (D) guarantees, under subsection (d) (2) and subject to tile provisions of sulbsetion (f), of bonds or other evidences of in- debtedness issued by coastal states and units of general purpose local government for the purpose of providing new or improved public facilities or public services which are required as a result of coastal energy activity; (E) grants or other assistance, under suhsection (d) (3). to coastal states and units of general purpose local government to enable such states and units to meet obligations under loans or guaranteets under subsection (d) (1) or (2) which they are unable to meet as they mature, for reasons specifiedl in subseetion (d )(3); and (F) grants, ulnder sutbseetion (d) (4), to coastal states which have suffered, are suffering, or will suffer any unavoidable loss of a valuable environmental or recreational resource; shall be provided, administered, and coordinated by the Secretary in accordance with the provisions of this section and under the rules and regulations required to be promulgated pursuant to paragraph (2). Any such financial assistance shall be subject to audit under section 313. (2) The Secretary shall promulgate, in accordance with section 317. such rules and regulations (including, but not limited to, those -required under subsection (e) ) as may be necessary and appropriate to carry out the provisions of this section. (b) (1) The. Seretary shall make grants annually to coastal states, in accordance with the provisions of this subsection. (2) The amounts granted to coastal states under this subsection shall be, with respect to any such state for any fiscal year, the sum of the amounts calculated, with respect to such state, pursuant to subpara- graphs (A), (B). (C), and (D): (A) An amount which bears, to one-third of the amount appropriated for the purpose of funding grants.under this subsec- tion for such fiscal vear, the same ratio that the amount of outer Continental Shelf acreage which is adjacent to such state and which is-newly leased by the Federal Government in the immedi- ately preceding fiscal year bears to the total amount of outer Continental Shelf acreage which is newly leased by the Federal Government in such preceding year. (B) An amount which bears, to one-sixth of the amount appropriated for such purpose for such fiscal vear, the same ratio that the volulme of oil and natural gas prodtuced in the immediately preceding fiscal year from the outer Continental Shelf acreage which is adjacent to such state and which is leased by the Federal A-14 Government bears to the total volume of oil and natural gas pro- duceed in such year from all of the outer Continental Shelf acre- age which is leased by the Federal Government. (C) An amount which bears, to one-sixth of the amount appropriated for such purpose for such fiscal year, the same ratio that the volume of oil and natural gas pro(luced from outer Con- tinental Shelf acreage leased by the Federal Governnment which is first landed in such state in the inulledliately preceding fiscal year bears to the total volume of oil and natural gas produced from all outer Continental Shelf acreage leased by the Federal Government which is first landed in all of the coastal states in such year. (DI) An amount which bears. to one-third of the amount appropriated for such purpose for such fiscal year, the same ratio that the number of individuals residing in such state in the imme- diately preceding fiscal year who obtain new employment in such year as a result of new orexpanded outer Continental Shelf energy activities bears to the total number of individuals residing in all of the coastal states in such year who obtain new employment in such year as a result of such outer Continental Shelf energy activities. (3) (A) The Secretarv shall determine annually the amounts of the grants to be provided under this sulbsection an shall collect and evaluate such information as may be necessary to make such deter- minations. Each Federal department. agency, and instrumnentality shall provide to the Secretary such assistance in collecting andl evaluat- ing relevant. information as the Secretary may request.. The Secretary shall request the assistance of any appropriate state agency in collect- ing and evaluating such information. (B) For purposes of making calculations under paragraph (2), outer Continental Shelf acreage is adjacent to a particular coastal state if such acreage lies on that state's side of the extended lateral seaward boundaries of such state. The extended lateral seaward boundaries of a coastal state shall be determined as follows: (i) If lateral seaward boundaries have been clearly defined or fixed by an interstate compact, agreement, or judicial decision (if entered into, agreed to, or issued before the date of the enactment of this paragraph), such boundaries shall be extended on the basis of the principles of delimitation used to so define or fix them in such compact, agreement, or decision. (ii) If no lateral seaward boundaries, or any portion thereof, have been clearly defined or fixed by an interstate compact, agree- ment, or judicial decision, lateral seaward boundaries shall be determined according to the applicable principles of law, includ- ing the principles of the Convention on the Territorial Sea and the Contiguous Zone, and extended on the basis of such principles. (iii) If, after the date of enactment of this paragraph, two or more coastal states enter into or amend an interstate compact or agreement in order to clearly define or fix lateral seaward bound- aries, such boundaries shall thereafter be extended on the basis of. the principles of delimitation used to so define or fix them in such compact or agreement. (C) For purposes of making calculations under this subsection, the transitional quarter beginning July 1, 1976, and ending Septem- ber 30, 1976, shall be included within the fiscal year ending June 30, 1976. A-15 (4) Each coastal state shall use the proceeds of grants received by it under this subsection for tile following purposes (except that priority shall Ibe given to the use of such I)roceeds for the purpose set forth in subl)paragraph (A) ): (A) The retirement of state and local bonds, if any, which are guaranteed undler sulbsection ((d) (2); except that, if the amount of such grants is insufficient to retire both state and local bonds, priority shall be. given to retiring local bondls. (B) The stu(ldy of, planning for, development of. and the carrying out of projects and programs in such state which are- (i) necessary, because of the unavailability of adequate financing under any other subsection, to provide new or improved public facilities and public services which are required as a direct result of new or expanded outer Conti- nental Shelf energy activity; and (ii) of a type approved by the Secretary as eligible for grants under this paragraph, except that the Secretary may not. disapprove any project or program for highways and secondary roads, docks, navigation aids, fire and police pro- tection, water supply, waste collection and treatment (including drainage), schools and education, and hospitals and health care. (C) The prevention, reduction, or amelioration of any unavoidal)le loss in such state's coastal zone of any valuable environmental or recreational resource. if such loss results from coastal enerr, activity. (5) The Selcr(tary, ill IL tilmely nlnnlllr, slla (letermine thiat each constal stale has ex)pended or commit ted,. andl may dletermine, that sicll tate will expend or commnit, grants which such state has received ufnder this sul)section in accordancea with tihe purposes set forth in parlagraphll (4). The U7nited States shall he entitled to recover from any coastal state an amount equal to any ~portion of any such grant received y such state under this sulbsection which-- (A) is not expended or committed by such state before the close of the fiscal year immediately following the fiscal year in which the grant was disbursed, or (B) is expended or committed by such state for any purpose other than a purpose set forth in paragraph (4). Before disbursing the proceeds of any grant under this subsection to any coastal state, the Secretary shall require such state to provide adequate assurances of being able to return to the United States any amounts to which the preceding sentence may apply. .(c) The Secretary shall make grants to any coastal state if the Sec- retary finds that. the coastal zone of such state is being, or is likely to be. significantly affected by the siting, construction, expansion, or oper- ation of new or expanded energy facilities. Such grants shall be used for the study of. and planning for (including. but not limited to, the application of the planning process include(l in a management pro- gram pursuant to section 305 (b) (8) ) any economic, social, or environ- mental consequence which has occurred, is occurring, or is likely to occur in such state's coastal zone as a result of the siting, constnruction. expansion, or operation of such new or expanded energy facilities. The amount of any such grant shall not exceed 80 per centum of the cost. of such study and planning. (d) (1) The Secretarv shall make loans to any coastal state and to anyv unit of general purpose local government, to assist such state or unit to provide new or improved public. facilities or public services, or A-16 both. which are required as a result of coastal ener-.gy activity. Such loans shall be made solely pursuant to this title, and no such loan shall require as a condition thereof thnt anll such state or unit pledge its full faith and credit to the repayment there of. No loan shall he madle under this paragraph after September 30, 19P6. (2) The Secretary shall, subject to the provisions of subsection (f), guarantee, or enter into conimitnients to guarantee. the payment of interest on, and the principal aonunt of. any liond or other evidence of indebtedness if it is issued hv a coastal state or a unit of general puripose local government for the pulrpose of providing new or improved public facilities or pulhlic services, or both, nwhich are required as a result of a coastal en(r'v activity. (3) If the Secretary finds tliat any coastal state or unit of general purpose local government is u111:nle to meet its obligations pursuant to a loan or guarantee made under paragra ph (1) or (2) because the actual increases in employnment, and related populat ion resulting from coastal energy activity and the facilities associated with such activity do not provide adequate revermcls to enable such state or unit to meet such obligations in accordance with the appropriate repaynment sched- tile. the Secretary shall, after review of the information submitted by such state or unit pursuant to subsection (e) (3), take any of the following actions: (A) Modify appropriately the terms and conditions of such loan or guarantee. ( B) Refinance such loan. (C) Make a supplemental loan to such state or unit the pro- ceeds of which shall be applied to the payment of principal and interest due under such loan or guarantee. (D) Make a grant to such state or unit the proceeds of which shall be applied to the payment. of principal and interest due under such loan or guarantee. Not wit hlstanding the preceding sentence. if the Secretarv- (i) has taken action under subparagraph (A), (B), or (C') with respect to any loan or guarantee made un(ler paragraph (1) or (2), and (ii) finds that additional action under subparagraph (A), (B), or (C) will not enable such state or unit to meet, within a reasonable time, its obligations under such loan or guarantee and any additional obligations related to such loan or guarantee; the Secretary shall make a grant or grants under subparagraph (D) to such state or unit in an amount sufficient to enable such state or unit to meet such outstanding obligations. (4) The Secretary shall make grants to any coastal state to enable such state to prevent, reduce, or ameliorate any unavoidable loss in such state's coastal zone of any valuable environmental or recreational resource, if such loss results from coastal energy activity. if the Secre- tary finds that such state has not received amounts under subsection (b) which are sufficient to prevent, reduce. or ameliorate such loss. (e) Rules and regulations with respect to the following matters shall be promulgated by the Secretary as soon as practicable. but not later than 270 days after the date of the enactment of this section: (1) A formula and procedures for apportioning equitably, among the coastal states. the amounts which are available for the provision of financial assistance under subsection (d). Such for- mula shall be based on, and limited to. the following factors: (A) The number of additional individuals who are expected to become employed in new or expanded coastal A-17 energy activity, and the related new population, who reside in the respective coastal states. (B) The standardized unit costs (as determined by the Secretary by rule), in the relevant regions of such states, for new or improved publlic facilities and public services whicll are required as a result of such expected employment anid tile (2) Critriteria under which tie Secretary shall review each coastal state's compliance with the requirements of subsection (g) (2). (3) Criteria and procedures for evaluating the extent to which any loan or guarantee under subsection (d) (1) or (2) which is applied for by any coastal state or unit of general purpose local government can be repaid through its ordinary methods and rates for generating tax revenues. Such procedures shall require such state or unit to submit to the Secretary such information which is specified by the Secretary to be necessary for such evaluation, including. but not limited to- (A) a statement as to the number of additional indi- viduals who are expected to become employed in the new or expanded coastal energy activity involved, andl the related new ponpulation, who reside in such state or unit; (B) a description, and the estimated costs, of the new or improved public facilities or public services needed or likely to be needed as a result of such expected employment andl related new population; (C) a projection of such state's or unit's estimated tax receipts during such reasonable time thereafter, not to exceed 30 years, which will he available for the repayment of such loati or guarantee; and (D) a proposed repayment schedule. The procedures required by this paragraph shall also provide for the periodic verification, review, and modification (if necessary) by the Secretary of the information or other material required to be submitted pursuant to this paragraph. (4) Requirements, terms, and conditions (which may include .the posting of security) which shall be imposed by the Secretary, in connection with loans and guarantees made tinder subsections (d) (1) and (2), in order to assure repayment within the time fixed, to assure that the proceeds thereof may not be used to pro- vide public services for an unreasonable length of time, and other- wise to protect the financial interests of the United States. (5) Criteria under which the Secretary shall establish rates of interest on loans made under subsections (d) (1) and (3). Such rates shall not exceed the current average market yield on out- standing marketable obligations of the United States with remaining perinods to maturity comparable to the maturity of such loans. In developing rules and regulations under this subsection, the Secre- tary shall, to the extent practicable, request the views of, or consult wit'h, appropriate persons regarding impacts resulting froml coastal energy activity. (f) (1) Bonds or other evidences of indebtedness gualranteed under subsection (d) (2) shall be guaranteed on such terms and conditions as the Secretary shall prescribe, except that- (A) no guarantee shall be made unless the indebtedness involved will be completely amortized within a reasonable period, not to exceed 30 years; A-18 (B) no guarantee shall be made unless the Secretary determines that such bonds or other evidences of indebtedness will- (i) be issued only to investors who meet the requirements prescribed by the Secretary, or, if an offering to the public s. contemplated, be underwritten upon terms and conditions approved by the Secretary; (ii) bear interest at a rate found not to be excessive by the Secretary; and (iii) contain, or be subject to, repayment, maturity, and other provisions which are satisfactory to the Secretary; (C) the approval of the Secretnry of the Treasury shall be required with respect to any such guarantee, unless the Secretary of the Treasury waives such approval; and (D) no guarantee shall be made after September 30, 1986. (2) The full faith and credit of the United States is pledged to the paymennt, under paragraph (5). of any default on any indebted- ness guaranteed under subsection (d) (2). Any such guarantee made by the Secretary shall be conclusive evidence of the eligibility of the obligation involved for such guarantee, and the validity of any such guarantee so made shall be incontestable in the hands of a holder of the guaranteed obligation,, except for fraud or material misrepre- sentation on the part of the holder, or known to the holder at the time acquired. (3) The Secretary shall prescribe and-collect fees in connection with guarantees made under subsection (d) (2). These fees may not exceed the amount which the Secretary estimates to be necessary to cover the administrative costs pertaining to such guarantees. (4) The interest paid on any obligation which is guaranteed under subsection (d) (2) and which is received by the purchaser thereof (or the purchaser's successor in interest), shall be included in gross income for the purpose of chapter 1 of the Internal Revenue Code of 1954. The Secretary may pay out of the Fund to the coastal state or the unit of general purpose local government issuing such obligations not more than such portion of the interest on such obligations as exceeds the amount of interest that would be due at a comparable rate determined for loans made under subsection (d) (1). (5) (A) Payments required to be made as a result of any guaran- tee made under subsection (d) (2) shall be made by the Secretary from sums appropriated to the Fund or froln moneys obtained from the Sec- retary of the Treasury pursuant to paragraph (6). (B) If there is a default by a coastal state or unit of general pur- pose local government in any payment of principal or interest due under a bond or other evidence of indebtedness guaranteed by the Secretary under subsection (d) (2), any holder of such bond or other evidence of indebtedness may demand payment by the Secretary of the unpaid interest on and the unpaid principal of such obligation as they become due. The Secretary, after investigating the facts presented by the holder, shall pay to the holder the amount which is due such holder, unless the Secretary finds that there was no default by such state or unit or that such default.has been remedied. (C) If the Secretary makes a payment to a holder under subpara- graph (B),the Secretary shall- (i) have all of the rights granted to the Secretary or the United States by law or by agreement with the obligor; and (ii) be subrogated to all of the rights which were granted such holder, by law, assignment, or security agreement between such holder and the obligor. A-19 Such rights shall include, but not be limited to, a right, of reimburse- mienat to IlIe l nited States against. thle coastal state orl unit of general ipu'ipose local governellllnt. for which thle payml'nt wa's made for the aulolunt of such playment plus interest, at the prevailing current rate as deterlined l by the Secretary. If such coastal state, or the coastal state in which suchl unit is located, is due to receive any amount under sub- section (b,), the Secretary shall, in lieu of paying such amount to bursenlent has been satisfied. The Secretary may accept, in complete or partial satisfaction of any such rights, a conveyance of property or interests therein. Any p1roperty so obtained by the Secretary may be colmpleted, maintained, operated, held, rented, sold, or otherwise dealt with or dispose(l of on such terms or conditions as the Secretary prescribes or apprtoves. If, in any case, the sum received through the sale of such property is greater than the amount paid to the holder undler sulbplagrlaph (I)) plus costs, the Secretary shall pay any such excess to the obligor. (I)) The Attorney General shall, upon the request of the Secretary, take such atction as may be appropriate to enforce any right accruing to tihe Secretary or the Ulnited States as a result of the making of any guarantee undl(er subsection (d) (2). Any sums received through any sale un(ler subparagraph (C,) or recovered pursuant to this subpara- graph shall le plaid into the Funlld. f6) If the moneys available to the Secretary are not sufficient to pay any amount wlicih the Secretary is obligated to pay under para- graphll (5), the Secretry sllall issue to the Secretary of the Treasury notes olr otleri ,olifatiolns (only to such extent and in such amounts as mlay be! proridc"l fol in approlrial ion Acts) in such forms and denomli- natiolls, bearingl s('h l nalllities, an(d sulbsject to such ternls anti con- dlitions as thle Seclretary of the Treasury prescribes. Such notes or other obligations shall-bear interest at a rate determined by the Secre- tarv of the Treasury on the basis of the current average market yield on outstanding marketable obligations of the United States on coIm- parable maturities during the month preceding the issuance of such notes or other oblig.ltions. Any sunis received by the Secretary through such issuance shall be deposited in the Fund. The Secretary of the Treasuray shall purchase any notes or other obligations issued under this paragral)ll. and for this purpose such Secretary may use as a pullic debt transaction thle proceeds from the sale of any securities issued under the Second Liberty Bond Act, as now or hereafter in force. The pllrpl oses for which securities may be issued under that Act are extended to include any purchase of notes or other obligations issued under this paragraph. The Secretary of the Treasury may at any time sell any of the notes or other obligations so acquired under this paragraph. All redemlptions, purchases. and sales of such notes or other obligations by the Secretary of the Treasury shall be treated as public debt transactions of the I 7nIted States. (g) (1) No coastal state is eligible to receive any financial assist- ance under this section unless such state- (A) has a management program which has been approved under section :306; (13) is receiving a grant under section 305(c) or (d); or (C) is. in the judgment of the Secretary, making satisfactory progress toward the development of a management program which is consistent. with the policies set forth in section 303. A-20 | (2) Each coastal state shall, to the maximum extent practicable, provide that financial assistance provided under this section he appor- tioned, allocated, and granted to units of local government within such state on a basis which is proportional to the extent, to which such units need such assistance. (hI) There is establislhedl itr the Tr'easury of the TUnitfd States the Coastal Energy Impact Fund. The Fund shall hle avalilal le to thil Sec- I retary without fiscal year linitation as a revolving fund for the purposes of carrying out subsections (c) and (d). The Fund shall consist of- (1) any sums appropriated to i le Fund; (2) payments of principal anld interest received under any loan made under subhsection (dl ( 1) ); (3) any fees received in coninection with any guarantee made under subsection (d) (2): and (4) any recoveries and r.ceipts under securilv. subrogation, and other rights and autlthorit ics dlescribed in su!:setilon (f). .All payments made by thie Sclrctarv to carry out. thr provisions of subsections (c), (d), and (f) (ill'lding re;imlmrisenents to other Government accounts) shall he pai(d from the Fund. only to the extent lprovided for in appropriation .Acts. Sumns in the Fuind which are not currently needed for the purposes of-slutsections (c), (d). anid (f) shall be kept on deposit or invested in obligations of, or guaranteed by, the United States. I (i) The Secretary shall not intercede in any land use or water use decision of any coastal state with respect to the siting of any energy facility or pubilc facility by making siting in a particular location a prerequisite to, or a condition of. tminncial assistance irnder this section. (j) The Secretary Inay ev:ill:hltl. ntd lrepnrt to thil (Conlress. on the efforts of the coastal states and unlits of local governmentt therein to reduce or ameliorate adverse consoquences re.,iling fronm coastal energy activity and on the extent to which such efforts involve adelquate consideration of alternative sites. (k) To the extent that Fcdcrnl fiinds are available under, or pl r- sullant to, any othirr law with. respT,'; t o- (1) study and planning for Nhich flinancial assistance nmay be providedl linder snl-sc etion (b) ({ t B I) nd (c). or (2) pub)lic facilities anld llblic servipes for which financial assistance may he provided uinder subsection (h) (4) (B) and (d), the Secretary shall, to the extent practicable, administer such sub- sections-- (A) on the basis that the finaneial assistance shall be in addi- tion to, and not in lien of. any Federal filnds whicli any coastal state or unit of general purpose local government may obtain under any other law: and (B) to avoid duplication. (1) As used in this section- (1) The term 'retirement', when used with respect to bonds. I means the redemption in full and the withdrawal from circula- tion of those which cannot. he repaid by the issuing jurisdiction in accordance with the appropriate repayment schedlle. (2) The term 'unavoidinhle'. when uIsed with respect to a loss of any valuable environmental or recreational resourlce means a I loss, in whole or in part- (A) the costs of prevention. redluction. or ;amelioration of which cannot be directlv or indirectly attributed to, or I assessed against. any identifiahle person: and (B) cannot be paid for with funds which are available under, or pursuant to, any provision of Federal law other I than this section. (3) The term 'unit of general purpose local government' means any political subdivision of any coastal state or any special entity created by such a state or subdivision which (in whole or pait) is located in, or has authority over, such state's coastal zone. and which (A) has authority to levy taxes or establish and collect uiser fees, andl (IB) providles any public facility or pul)lic service which is financed in whole or pa rt hy taxes or ulser fees. I A-21 INTERSTATE GRANTS Sec. 309. (a) The coastal states are encouraged to give high priority -- (1) to coordinating state coastal zone planning, policies, andI programs with respect to contiguous areas of such states; and (2) to studying, planning, and implementing unified coastal zone policies U ~with respect to such areas. Such coordination, study, planning, and implementation may be conducted pursuant to interstate agreements or ccinpacts. The Secretary may make grants annually, in amounts not to exceed 90 per centum of the cost of such coordination, study, or implementation, if the Secretary finds that the proceeds of such grants will be used for purposes consistent with sections 305 and 306. (b) The consent of the Congress is hereby given to two or more coastal states to negotiate, and to enter into, agreements or ccanpacts, which do not conflict with any law or treaty of the United States, for -- (1) developing andi administering coordinated coastal zone planning, policies, and programs pursuant to sections 305 and 306; and (2) establishing executive instrumentalities or agencies which such states deem desirable for the effective implementation of such agreements or ccumpacts. Such agreements or comnpacts shall be binding and obligatory upon any state or party thereto without further approval by the Congress. (c) Each executive instrumentality or agency which is established by an interstate agreement or comIpact pursuant to this section is encouraged to adopt a Federal-State consultation procedure for the identification, examination, and I ~cooperative resolution of mutual problems with respect to the marine and coastal areas which affect, directly or indirectly, the applicable coastal zone. The Secretary of the Interior, the Chairman of the Council on Environmental Quality, the Administrator of the Environmental Protection Agency, the Secretary of the department in which the Coast Guard is operating, and the Administrator of the Federal Energy Administration, or their designated representatives, shall participate ex officio on behalf of the Federal Government whenever any such Federal-State consultation is requested by such an instrumentality or agency. (d) if no applicable interstate agreement or comnpact exists, the Secretary may coordinate coastal zone activities described in subsection (a) and may make grants to assist any group of two or more coastal states to create and maintain a temporary planning andi coordinating entity to -- (1) coordinate state coastal zone planning, policies, and programs with respect to contiguous areas of the states involved; (2) study, plan, and implement unified coastal zone policies with respect to I ~such areas; and (3) establish an effective mechanism, and adopt a Federal-State consultation I ~procedure, for the identification, examination, and cooperative resolution of mutual problems with respect to the marine and coastal areas which affect, directly A-22 or indirectly, the applicable coastal zone. The amount of such grants shall notI exceed 90 per centum of the cost of creating and maintaining such an entity. The Federal officials specified in subsection (c), or their designated representatives, shall participate on behalf of the Federal Governmient, upon the request of any suchI temporary planning and coordinating entity. RESEARCH AND TECHNICAL ASSISTANCE FOR COASTAL ZONE MANAGEMENT5 Sec. 310. (a) The Secretary may conduct a program of research, study, and training to support the development and implementation of management programs. Each department, agency, and instrumentality of the executive branch of the Federal Goverrnment may assist the Secretary, on a reimbursable basis or otherwise, in carrying out the purposes of this section, including, but not limited to, the furnishing of informa- tion to the extent permitted by law, the transfer of personnel with their consent and without prejudice to their position and rating, and the performance of any research, study, and training which does not interfere with the performance of the primary duties of such department, agency, or instrumentality. The Secretary may enter into contracts or other arrangements with any qualified person for the purposes of carrying out this subsection. (b) The Secretary may make grants to coastal states to assist such states in carrying out research, studies, and training required with respect to coastal zone manaqement. The amount of any grant made under this subsection shall not exceed 8i0I per centum of the cost of such research, studies, and training. (c)(1) The Secretary shall provide for the coordination of research, studies, and- training activities under this section with any other such activities that areI conducted by, or subject to the authority of, the Secretary. (2) The Secretary shall make the results of research conducted pursuant to this section available to any interested person. PUBLIC HEARINGS Sec. 311. All public hearings required under this title must be announced at least thirty days prior to the hearing date. At the time of the announcement, all agency materials pertinent to the hearings, including documents, studies, and otherI data, must be made available to the public for review and study. As similar materials are subsequently developed, they shall be made available to the public as they teccrne available to the agency. REVIEN OF PERFORMANCE Sec. 312. (a) The Secretary shall conduct a continuing review of - (1) the management programs of the coastal states and the performance of suchI states with respect to coastal zone management; and (2) the coastal energy impact program provided for under section 308. A-23 (b) The Secretary shall have the authority to terminate any financial assistance extended under section 306 and to withdraw any unexpended portion of such assistance if (1) he determines that the state is failing to adhere to and is not justified in deviating trom the program approved by the Secretary; and (2) the state has been given notice of the proposed termination and withdrawal anad given an opportunity to present evidence ot adherence or justification for altering its program. RECORDS AND AUDITS Sec. 313. (a) Each recipient of a grant under this title or of financial assistance under section 308 shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant and of the proceeds of such assistance, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall -- (]) after any grant is made under this title or any financial assistance is provided under section 308(d); and (2) until the expiration of 3 years after -- (A) completion of the project, program or other undertaking for which such jrant was made or used, or (B) repayment of the loan or guaranteed indebtedness for which such financial assistance was provided, have access for purposes of audit and examination to any record, book, document, and paper which belongs to or is used or controlled by, any recipient of the grant funds or any person who entered into any transaction relating to such financial assistance and which is pertinent for purposes of determining if the grant funds or the proceeds of such financial assistance are being, or were, used in accordance with the provisions of this title. ADVISORY COMMITTEE Sec. 314. (a) The Secretary is authorized and directed to establish a Coastal Zone Management Advisory Committee to advise, consult with, and make recommendations to the Secretary on matters of policy concerning the coastal zone. Such committee shall be composed of not more than fifteen persons designated by the Secretary and shall perform such functions and operate in such a manner as the Secretary may direct. The Secretary shall insure that the committee membership as a group possesses a broad range of experience and Knowledge relating to problems involving management, use, conservation, protection, and development of coastal zone resources. (b) Members of the committee who are not regular full-time employees of the United States, while serving on the business of the committee, including traveltime, may receive compensation at rates not exceeding $100 per diem; and while so serving away from their homes or regular places of business may be allowed travel expenses, A-241 including per diem in lieu of subsistence, as authorized- by section 5703 ot title 5, United States Code, for individuals in the Government service employed inter- mittently. ESWIARINE SANCTUARIES AND BEACH ACCESS Sec. 315. The Secretary may, in accordance with this section and in accordance with such rules and regulations as the Secretary shall promulgate, make grants toI any coastal state for the purpose of - (1) acquiring, developing, or operating estuarine sanctuaries, to serve as natural field laboratories in which to study and gather data on the natural and humnan processes occurring within the estuaries of the coastal zone; and (2) acquiring lands to provide for access to public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological, or cultural value, and for the preservation of islands. The amount of any such grant shall not exceed 50 per centum of the cost of the project involved; except that, inI the case of acquisition of any estuarine sanctuary, the Federal share of the cost thereof shall not exceed $2,000,000. ANNUAL REPORT Sec. 316. (a) The Secretary shall prepare and submit to the President for transmittal to the Congress not later than November I of each year a report on the administra- tion of this title for the preceding fiscal year. The report shall include but not be restricted to (1) an identification of the state programs approved pursuant toI this title during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this title and a description of the status of each state's programs and its accomplishmentsI during the preceding Federal fiscal year; (a) an itemization of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended; (4) an identification of any state programs which have been reviewed and disapproved or with respect to which grants have beenI terminated under this title, and a statement of the reasons for such action; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 307, are not consistent with an applicable approvedI state management program; (6) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (7) a summary of a coordinated national strategy and program for the Nation's coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functionsI therein; (8) a summary of outstanding problems arising in the administration of this title in order of priority; (9) a description of the economic, environmental, and social consequences of energy activity affecting the coastal zone and anI evaluation of the effectiveness of financial assistance under section 308 in dealing with such consequences; (10) a description and evaluation of applicable interstate and regionl planning and coordination mechanisms developed by the coastal states; (11) a summary and evaluation of the research, studies, and trainingI conducted in support of coastal zone management; and (12) such other information as may be appropriate.3 (b) The report required by subsection (a) shall contain such recomtmendations for additional legislation as the Secretary deems necessary to achieve the objectives of this title and enhance its effective operation.I A-25 RULES AND REGULATIONS Sec. 317. The Secretary shall develop and promulgate, pursuant to section 553 of title 5, United States Code, after notice and opportunity for full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, such rules arJ regulations as may be necessary to carry out the provisions of this title. AUTHORIZATION OF APPROPRIATIONS Sec. 318. (a) There are authorized to be appropriated to the Secretary -- (1) such sums, not to exceed $20,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, and September 30, 1979, respectively, as may be necessary for grants under section 305, to remain available until expended; (2) such sums, not to exceed $50,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1976, September 30, 1979, and September 30, 1980, respectively, as may be necessary tor grants under section 306, to remain available until expended; (3) such sums, not to exceed $50,000,000 for each of the 8 fiscal years occurring during the period beginning October 1, 1976, and ending September 30, 1984, as may be necessary for grants under section 308(b); (4) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1960, respectively, as may be necessary for grants under section 309, to remain available until expended; (5) such sums, not to exceed $10,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for financial assistance under section 310, of which 50 per centum shall be for financial assistance unoer section 310(a) and 50 per centum shall be for financial assistance under section 310(b), to remain available until expended; (6) such sums, not to exceed $6,000,000 for each of the fiscal .years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(1), to remain available until expended; (7) such sums, not to exceea $25,000,000 for each of the fiscal years ending September 30, 1977, September 30, 197d, September 30, 1979, and September 30, 1980, respectively, as may be necessary for grants under section 315(2), to remain available until expended; and (d) such sums, not to exceed $5,000,000 for each of the fiscal years ending September 30, 1977, September 30, 1978, September 30, 1979, and September 30, 1980, respectively, as may be necessary for administrative expenses incident to the administration of this title. A-26 (b) There are authorized to be appropriated until October 1, 1986, to the Funa, such sums, not to exceed $800,000,000 for the purposes of carrying out the provisions of section 308, other than subsection (b), of which not to exceed $50,000,000 shall be for purposes of subsections (c) and (d)(4) of such section. (c) Feaeral funds received from other sources shall not be useo to pay a coastal state's share of costs under section 305, 306, 309, or 310. Containea in P.L. 94-370 but not Incorporated Directly into the CZWA Sec. 15. ADMINISTRATION. (a) There shall be in the National Oceanic and Atmospheric Administration an Associate Administrator for Coastal Zone Management, who shall be appointed by the President, by and with the advice and consent of the Senate. Such Associate Administrator shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone ivianagement Act of 1972 (16 U.S.C. 1451, et seq.). Such Associate Administrator shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). (b) Section 5316 of title 5, United States Code, is amended by adding at the end thereof the following new paragraph: "(140) Associate Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration." (c) The Secretary may, to carry out the provisions of the amendments made by this Act, establish, and fix the compensation for, four new positions without regard to the provision of chapter 51 of title 5, United States Code, at rates not in excess ot the maximum rate for GS-18 of the General Schedule under section 5332 of such title. Any such appointment may, at the discretion of the Secretary, be made without regard to the provisions of such title 5 governing appointments in the competitive service. Sec. 16. SHELLFISH SANITATION REGULATIONS. (a) The Secretary ot Commerce shall -- (1) undertake a comprehensive review of all aspects of the molluscan shellfish industry, including, but not limited to, the harvesting, processing, and transportation of such shellfish; and (2) evaluate the impact of Feaeral law concerning water quality on the molluscan shellfish industry. The Secretary of Commerce shall, not later than April 30, 1977, submit a report to the Congress ot the findings, comments, and recommenoations (if any) which result from such review and evaluation. (b) The Secretary of Health, Education, and Welfare shall not promulgate final regulations concerning the national shellfish safety program before June 30, 1977. At least 60 days prior to the promulgation of any such regulations, the Secretary of Health, Education, and Welfare, in consultation with the Secretary of Commerce, shall publish an analysis (1) of the economic impact of such regulations on the domestic shellfish industry, and (2) the cost of such national shellfish safety program relative to the benefits that it is expected to achieve. I I I I I I I I APPENDIX B 3 EXECUTIVE ORDER I I I I I I I I I I B-1 STATE OF OHIO xtcutit BEpartment OfFICK OF THR QOVERNOR Federal Program Series No. 170 E EXECUTIVE ORDER Under authority of Sec. 107.17, Ohio Revised Code, I, JAMES A. RHODES, Governor, judge and determine - That the federal program hereinafter identified will benefit Ohio and its citizens through a grant or grants of money or other provision for jobs or services; - That said program is not authorized by existing Ohio law; - That to the extent a State match of money, services, or other payment or contribution in kind is required by federal law or regulation to qualify Ohio to participate in such program, such match is available from existing appropriations and authorizations. I, THEREFORE, ORDER that the State officer, board, commission or agency identified below be, and the same hereby is designated and authorized to participate in behalf of Ohio in the federal program identified and described as follows: Statutory Name of Ohio Participant: Ohio Department of Natural Resources Catalog of Federal Domestic Assistance No.: 11.418 Coastal Zone Management Program Development Federal Agency: Department of Commerce, National Oceanic and Atmospheric Administration Federal Authorization: Coastal Zone Management Act of 1972, as amended, P.L. 92-583; P.L. 94-370, Sec. 305; 16 U.S.C. 1454. Type of assistance: Project Grant To be used to accomplish: To plan and develop a Coastal Zone management plan in order to preserve, protect, develop and where possible, to restore or enhance, the resources of Ohio's Lake Erie coastal zone. Amount applied for: $600,000 Date of application: July 27, 1977 Ohio match required: $150,000 Source of match: Department of Natural Resources' in-kind- services and indirect costs funded by appropriations to Department of Natural Resources contained in Am. Sub. H.B. 191 of the 112th General Assembly. B-2 Federal Program Series No. 170 I Program duration: (Starts) Sept. 30, 1977 (Ends) Dec. 31, 1978 Commitment of money match approved by Controlling Board: October 31, 1977 ! I hereby revoke any prior Executive Order inconsistent herewith. IN WITNESS WHEREOF, I have hereunto subscribed my name by my Authenticating Officer and caused the Great Seal of the State of Ohio to be affixed at Columbus, this 1st day of November, 1977. I I JAM1S A. RHODES I eovbrnor of the State of Ohio l Authenticating Officer' Thomas J. Moyer luthenticating Officer for GOVERNOR JAMES A. RHODES (Ohio Rev. Code Sec 107 15D ATTEST: ('�/~/ c? I I Secretary of State Original: Secretary of State Copy: Speaker of the House of Representatives Copy: President Pro-Tem. of Senate Copy: Agency designated to participate Copy: Office of Budget and Management Copy: Auditor of State Copy: Program Coordination Section, Governor's Office Copy: Governor's File Copy: Legislative Budget Office Filed in the ffic Filed in the Office of the Secretary I of State at Columbus, Ohio _ A.L/~ :zf . : I ........... ......m TrD W. BRPOW"'. SECRETARY OF STATE p C' ~f ."A ..)..... ,. ..,... B-3 EXECUTIVE ORDER WHEREAS, the Governor of the State of Ohio is sworn to uphold the Constitution and the laws of this state; and WHEREAS, the Secretary of the United States Department of Commerce has been designated to administer the provisions of the Coastal Zone Manage- ment Act of 1972; and WHEREAS, a requirement of the Coastal Zone Management Act of 1972 is that the Governors of coastal states designate one agency to receive and administer the grants of said Act; and WHEREAS, the Ohio Department of Natural Resources has a well-established involvement in the resolution of Lake Erie and Lake Erie Shoreline problems; and WHEREAS, I have found the Ohio Depa-rtment of Natural Resources the appropriate state agency to receive and administer the grants of the Coastal Zone Management Act of 1972; NOW, THEREFORE, I, JOHN J. GILLIGAN, Governor of the State of Ohio, designate the Ohio Department of Natural Resources to receive and administer the grants of the Coastal Zone Management Act of 1972 for the State of Ohio. ,, \. . ; j ,: ;'� ,.'.I / .-X i X ' ' IN WITNESS WHEREOF, I have hereunto -d/: ' "-' . ' .'"- .,' ; : subscribed my name and caused the Great Seal '.t~ I !'"'.:;,.-'.* ... '.' > of the State of Ohio to be affixed at 3, .-v1 [~','.'',i .'.,. ~,,...v.:.. ', .i ; Columbus, this 28 day of February , �'. ':..., ,'. .; :., :. 3 ? in the year oa our Lord 1973 L�v> . :' j is rGover- \ Fs~ ~~ /'j ' I I I I I I I I APPENDIX C 3 FIRST YEAR WORK ELEMENTS I I I I I I I I I I THE OHIO LAKE ERIE SHORE ZONE MANAGEMENT FIRST ANNUAL WORK PROGRAM DESIGN PROGRAM I. POLICY DEVELOPMENT AND PROBLEM IDENTIFICATION PURPOSE: The purpose of the Policy Development and Problem Identification Program is to develop policies, goals, and objectives which will provide a framework within which a technical plan and management program can be prepared for the Ohio Lake Erie Shore Zone. SCOPE: The scope of the Policy Development and Problem Identification Program includes the following major activities: (1) an inventory and analysis of the economic, social, and environmental resources of the Lake Erie Shore Zone; (2) an inventory and analysis of the legal and administrative arrangements underlying agencies and programs operating in the Ohio Lake Erie Shore Zone; (3) the formulation of a strong and meaningful citizen involvement program in support of the shore zone program; (4) the development of a series of mechanisms to facilitate coordination among the state and other interested governmental agencies in the development and implementation of the shore zone program; and, (5) a synthesis of the results of the above activities in order to formulate policies, goals, objectives, and priorities for the technical plan and management program. SUBPROGRAM I.A. RESOURCE ANALYSIS PROGRAM PURPOSE: The purpose of the Resource Analysis Program is to develop a comprehensive overview of the character, value, and limitations of shore zone resources, as well as a summary of the problems associated with using these resources. This'overview will provide the information base upon which the state in conjunction with regional and local agencies, and interested citizens and groups can define goals, objectives, and policies regard- ina the use and development of shore zone resources. SCOPE: The scope of the resource analysis program is to inventory the resources of the Ohio shore zone and to assess the economic, social, and environmental implications of the current and future use of these resources. Work Element I.A.1. Resource Inventory Work Task I.A.l.a. Survey of Current Land Use (1) Data Collection - the following categories of land use will be surveyed and mapped: (a) industrial (SIC) (b) comrmercial (c) residential (d) public facilities (e) agricultural (f) extractive industry (g) recreation (h) open land Work Task I.A.l.b. Survey of Environmental Resources (1) Data Collection - the following categories of resources will be inventoried and mapped: (a) water resources (b) mineral resources (c) estuaries (d) wetlands (e) beaches (f) forests (g) fish and wildlife habitat (h) natural areas (scenic) (i) historic sites (2) Data Collection - the following categories of resources will be analyzed to estimate reserve supplies: (a) water resources (b) mineral resources (c) forests (d) fish and wildlife Work Task I.A.l.c. Data Conversion - Data collected in the inventory process will be prepared for input to the Ohio Capability Analysis Program (OCAP)* for storage, retrieval, and computer mapping. The data will also be manipulated to produce tabular sumrraries of the areal extent of the resources and land uses of the Ohio shore zone. * (A detailed description of OCAP is provided in Appendix G.) Work Task I.A.1. d. The preparation of a matrix plotting land use categories against shore zone resources. Based on this matrix, the patterns of resource consumption of the various uses of the zone will be analyzed in Work Element I.A.3. (Resource consumption is defined and the use of resources in the development and operation of land and water uses of the shore zone.) Work Element I.A.2. Analysis of Social Characteristics Work Task I.A. 2. a. Survey of the population and personal employment and income charac- teristics of the zone. (1) Data Collection - the following demographic data will be collected: (a) Detailed analysis of the current population of the shore zone; region,, state; and nation. (b) Personal income characteristics of the population of the shore zone; region; state; and nation. (c) Personal employment characteristics of the population of the shore zone; region; state; and nation Work Task I.A. 2.b. Land Use Requirements as Determined by Present Population (1) The estimation of current land use requirements .of the present population of the zone. This consists of evaluating current land and water use characteristics of the zone to determine whether facilities such as housing, schools, hospitals, parks, and so on are adequate to serve the present population. (2) If existing development does not satisfy the require- ments of the shore zone population, analysis will be undertaken to determine the impact of the necessary additional development on the shore zone resource base. Work Task I.A.2.c. Projection of the population, personal employment, and income characteristics of the zone to the year 2000. (Use will be made of the cohort survival and other projective techniques.) Work Task I.A.2.d. Land use requirements for the year 2000 (1) Based on the population, employment, and income projec- tions for the year 2000, projections of the shore zone land use requirements for the year 2000 will be prepared. (2) The preparation of a matrix plotting alternative future land and water uses against the shore zone resources. Based on this matrix the patterns of resource consumption of the various potential uses of the zone can be analyzed to estimate future impact on the shore zone resource base. Work Element I.A.3. Analysis of Environmental Characteristics Work Task I.A.3.a. Evaluation of the conditions and elements of the shore zone that are necessary to sustain the natural character and environ- mental areas of the zone. (1) Inventory of the types of natural and environmental areas found in the Ohio shore zone. This inventory will in- clude, but will not be limited to: (a) fish (b) wildlife (c) unique vegetation (d) areas wherein unique natural processes occur (i.e. acquifer recharge, etc. (f) areas of unique scenic or aesthetic value (2) Identify the conditions, elements, or resources which must exist to sustain these unique natural or environmental areas. (3) Prepare a matrix plotting natural and environmental areas against the conditions, elemnts, or resources that sup- port them. Analyze the matrix to determine the adequacy, and quality of the supply of conditions, elements, or resources necessary to sustain the natural and environmental areas of the shore zone. Work Task I.A.3.b. Develop a process for prioritizing the resources of the shore zone as: (1) highest priority (requires preservation practices); (2) second priority (requires conservation practices); (3) third priority (requires restoration practices); and, (4) low priority (requires development management practices). This process will be based on the results of the following efforts: (1) Develop a sumnary of the total demand for shore zone resources. This sunmary will be derived from the matrix developed in Work Task I.A.l.d. (resource consumption by land use category), and the matrix developed in Work Task I.A.3.a. (resource requirements of the natural and environ- mental areas of the shore zone). (2) Prepare an assessment of the impact of the patterns of re- source consumption of the various land and water uses of the shore zone. (3) Categorize all resources of the shore zone as either renewable or non-renewable. Work Element I.A.4. Analysis of Economic Characteristics Work Task I.A.4. a. The use of an economic modeling procedure (input-output, selective development model, etc.) to assess the contribution of existing and potential uses of the shore zone to the economies of the shore zone; region; state; and nation. Work Task I.A.4.b. Assess the contribution of existing and potential uses of the shore zone to the population, personal income, and employment characteristics of the shore zone; region; state; and nation. Work Task I.A.4.c. Based on Work Tasks I.A.4.a. and I.A.4.b., develop a process for prioritizing the land and water uses of the shore zone from an economic orientation. This process will also include considera- tion of the reliance of a particular use on access to Lake Erie for water supply or transportation purposes. RESULT: The following information can be derived from work completed in SUBPROGRAM I.A., Resource Analysis: 1. A complete inventory of the land use and environmental resources of the shore zone. 2. An analysis of the population, personal income, and employment of the shore zone. 3. The adequacy of existing land and water use patterns as defined by the requirements of the present population. 4. Projections of the population, personal income, and employment to the year 2000. 5. An evaluation of the demand for the resources of the shore zone, both from the standpoint of the natural environment and land and water use development. 6. An evaluation of the adequacy of the resource supply in the shore zone based on the requirements of land and water uses of the region, and the natural and environmental areas of the region. 7. An evaluation of the impact of resource consumption on the resources of the shore zone. 8. A priority system for determining the relative value of environmental resources in the shore zone, including an evaluation of whether the resources are renewable or non-renewable. 9. An assessment of the value of present and potential uses of the zone based on the contribution of these uses to the economic, population, personal employment and income character of the shore zone; region; state; and nation. lO. A prioritization of present and potential uses of the shore zone from an economic orientation. SUBPROGRAM I.B. LEGAL & ADMINISTRATIVE ANALYSIS PURPOSE: The purpose of this element of the program is (1) to conduct an analysis of the legal and administrative arrangements underlying state, regional, and local planning and management programs in Ohio, and (2) on the basis of the above analysis, to develop recommendations regarding legislative and administrative changes that will be required to implement the Ohio Lake Erie Shore Zone Management Program. SCOPE: The scope of the legal and administrative analysis is to review and evaluate all state legislation and administrative procedures, as well as local and regional legislation and administrative procedures relative to planning and managing the Ohio shore zone. To prepare a legislative package providing for the implementation of the Ohio Lake Erie Shore Zone Management Program. Work Element I.B.1. The review, description, and compilation of state laws and executive orders that impact on the shore zone. This review will include, but not be limited to the following subject areas: * land and water use planning * land and water management * land and water use regulation * land and water acquisition * water rights * fish and wildlife management * air pollution * water pollution � solid waste management * navigation * commercial fishing Work Element I.B.2. The review, description, and compilation of administrative procedures presently followed in implementing current state laws and executive orders as specified in Work Element I.B.1. Work Element I.B.3. Evaluation of legal and administrative arrangements as described in Work Elements I.B.1. and I.B.2. Work Task I.B.3.a. The identification of inadequacies or non-existence of laws and executive orders to comply with the requirements of: * The Coastal Zone Management Act of 1972 (PL 92-583) * The goals and objectives of the Ohio Lake Erie Shore Zone Management Program o ! (Program goals and objectives will be developed in SUBPROGRAMc I.E. SYNTHESIS.) Work Task I.B.3.b. The identification of other governmental entities (local and regional) that may be enforcing legislation that complies with the requirements described in Work Task I.B.3.a. (Due to the Ohio Home Rule Clause, there may be situations where the state lacks legislation to comply with the above requirements, whereas local entities have the necessary authority by virtue of their statuatory laws.) Work Task I.B.3.c. The analysis of administrative procedures presently followed in implementing current state laws and executive orders as specified in Work Element I.B.l., and local statutes as specified in Work Task I.B.3.b., to identify: * Overlapping jurisdictions resulting in duplication of efforts. * Problems in interagency and intergovernmental relations. Inadequate provision for the implementation of planning and management functions as required by PL 92-583 and the goals and objectives of the Ohio Coastal Zone Manage- ment Program. Work Element I.B.4. Based on the results of Work Elements I.B.1 - I.B.5., prepare a legislative package and recommendations providing for, but not limited to the following changes: The development of implementation authorities to comply with * the requirements of PL 92-583 and the goals and objectives of the Ohio Lake Erie Shore Zone Management Program. 0 Improvement and/or alteration of existing administrative pro- I * cedures presently followed in implementing current state laws, H executive orders, and local statutes. The creation of new administrative procedures for implementing new legislation resulting from the legislative package. (The completion of this Work Element will be timed to coincide with the completion of similar work in SULDPROGAI'1 I.E. SYMHESIS). RESULT: As a result of the legal and administrative analysis program, the state will have a set of recommendations regarding legislative and administrative changes that must be imple- mented in order to comply with the Coastal Zone Management Act of 1972. Other benefits resulting from this program will be an awareness of problems and difficulties that must be resolved, and existing arrangements that will compliment the implementation of the Ohio Lake Erie Shore Zone Management Program. SUBPROGRAM I.C. CITIZEN INVOLVEMENT PROGRAM PURPOSE: The purpose of the Citizen Involvement Program is to provide undividual citizens and interested groups the opportunity to participate in the development and implementation of the Ohio Lake Erie Shore Zone Management Program. SCOPE: The scope of the Citizen Involvement Program is to provide the formal and informal mechanisms necessary to accomplish the following objectives: 1. To exchange ideas, to assess opinions, and to incorporate views of interested citizens and groups. 2. To provide a mechanism for disseminating pertinent information regarding the shore zone program. 3. To provide a formal process for citizen review and comment. All of the above will be done on a continuous basis. Work Element I.C.1. Develop and distribute a questionnaire(s) to solicit the views and opinions of citizens, public officials, and interest groups con- cerning the problems and issues related to shore zone management. Work Task I.C.l.a. Develop a sample including, but not limited to the following groups residing in the counties adjacent to the Lake Erie shoreline: � shoreline residents � citizens at large � public officials � public interest groups Work Task I.C.l.b. Develop and carry out the mechanism(s) for distributing and collecting questionnaires using one or a combination of the following methods: � mailing * hand delivery � telephone * personal interviews Work Task I.C.l.c. Prepare data resulting from the questionnaire for computer input and analysis using "A Statistical Package for the Social Sciences." Work Task I.C.l.d. Collate the results of the questionnaire analysis and prepare a report for public distribution and use in other elements of the shore zone program. Work Task I.C.l.e. Periodic update of the questionnaire design(s) and sample characteristics for redistribution as needed. Work Element I.C.2. Organize and initiate a series of workshops within the counties along the shore to involve interested citizens and groups in discus- sion regarding the development and implementation of the Ohio Lake Erie Shore Zone Management Program. (The workshop program outlined below will continue throughout the first year of program development.) Work Task I.C.2.a. Develop a format for workshop content including the following components: * prepare agenda * schedule meeting times and places * select and notify participants * prepare publicity * chair meetings and document workshop discussion Work Task I.C.2.b. Using questionnaire results (Work Task I.C.l.d.), the Overall Program Design, and work completed towards the annual work program, prepare papers and presentations as the focus for workshop discussions. Work Task I.C.2.c. Analyze and prepare in report form the results of the workshop discussions for distribution to interested citizens and use in other elements of the shore zone program. Work Element I.C.3. Publication of a quarterly Ohio Lake Erie Shore Zone Newsletter focus- ing on workshop results and progress in the development of the Ohio Shore Zone Management Program. Work Element I.C.4. A public hearing will be held at the conclusion of STUBPROGRA! I.E. in each of the three Regional Planning and Development Districts as designated in the Governor's Exeuctive Order of April 30, 1973 on SERVICE DISTRICTS & PLANNING REGIONS. Work Task I.C.4.a. Develop the format for public hearing content including the following components: * prepare agenda * schedule meeting time and place * arrange for publicity and prepare legal notice * chair hearing and prepare comprehensive summary of findings Work Task I.C.4.b. Prepare sumnary documentation and presentations relating to the results Program I of the three step Overall Program Design, as the focus for the public hearings. (This and all other docu- mentation will be made available at least 30 days prior to the hearings.) RESULT: As a result of the Citizen Involvement Program, individuals and interested groups will be given every opportunity to affect the development and implementation of the state shore zone program. In the view of the state, regarding this program, shore zone manage- ment in Ohio will become a reality only if it is based on the stated goals and objec- tives of the citizens of Ohio. Additional results of the Citizen Involvement Program will be the treatment of the following problems and issues perceived by the public: L. Problems and issues relating to the use of shore resources. 2. Problems and issues related to planning and managing the use of shore resources. 3. Level or levels of government most appropriate for coping with the problems and issues of the shore zone. 4. Organizations and groups that have played a beneficial role in the shore zone. 5. A rating of the quality or condition of the shore zone. 6. Identification of public opinion regarding organizing and implementing a continuing public involvement organization. m - m - m m m m m m m m m - SUBPROGRAM I.D. ORGANIZATICONXAL ARRANGEMENTIS FOR STUDY COORDINATION PROGRAM PURPOSE: The purpose of SUBPROGRAM I is to develop porcesses and mechanisms for coordinating and resolving conflicts in the development and implementation of the Ohio Lake Erie Shore Zone Management Program among: � federal agencies and programs * Great Lakes States * Ohio state governmental agencies operating programs affecting the shore zone reaional and local governmental agencies operating programs affecting the Ohio sshore zone (including areawide planning organizations, counties, municipalities, townships, and port authorities) SCOPE: The scope of SUBPROGRAM D is to provide a series of coordinating mechanisms between various levels of government and the Ohio Lake Erie Shore Zone Management Program which fulfiZZll the following objectives: H � Identifies the various programs, projects, and plans effecting the Ohio shore zone. c Notifies appropriate agencies of state programs, projects, and plans effecting the Ohio shore zone. c Provides the opportunity for the variozs agencies to participate in the develop- ment and implementation of the Ohio shore zone. � Provides a mechanism for resolving conflicts among the various programs, projects, and plans, and the Ohio Lake Erie Shore Zone Management Program. Work Element I.D. 1. Participation in the A95 Clearinghouse Review Process Work Task I.D.l.a. Submission of all relevant work undertaken towards conmpletion of the Ohio Lake Erie Shore Zone Management Program for review by all participating agencies. Work Task I.D.l.b. Review and comment on all projects, plans, and programs sub- mitted to the A95 Clearinghouse Review Process which impact on the Ohio Lake Erie Shore Zone Management Program. Work Element I.D.2. Preparation of questionnaires for use in the coordination processes between the Ohio Lake Erie Shore Zone Management Program and federal, regional, and local levels of government. (Methodology described in Work Element I.C.1. will be used to develop, distribute, collect, and analyze questionnaires.) Work Task I.D.2.a. Distribute questionnaires to all federal agencies administering programs affecting the Ohio shore zone for the purpose of de- fining the relationships of these programs to the Ohio shore zone. Work Task I.D.2.b. Distribute questionnaires to all regional and local agencies administering programs affecting the Ohio shore zone for the purpose of defining the relationships of these programs to the Ohio shore zone. I Work Task I.D.2.c. Prepare data resulting from both questionnaires for computer input and analysis using "A Statistical Package for the Social Sciences." Work Task I.D.2.d. Collate the results of the questionnaire analysis for use in Work Elements I.D.5. and I.D.8. Work Element I.D.3. Organize and initiate workshops for use in the coordination processes between the Ohio Lake Erie Shore Zone Management Program and federal, regional, and local levels of government. (Methodology described in Work Element I.C.2. will be used to implement this element of the program.) Work Task I.D.3.a. Organize and initiate a workshop designed to involve all federal agencies administering programs affecting the Ohio shore zone in a discussion of the relationship of federal programs to the Ohio program. Results of the questionnaire developed in Work Task I.D.2.a., the Overall Program Design, and work completed towards the annual work program will provide the focus for the discussion. Work Task I.D.3.b. Organize and initiate a workshop designed to involve all regional and local agencies administering programs affecting the zone in a discussion of the relationship of these programs to the state program. Results of the questionnaire developed in Work Task I.D.2.b., the Overall Program Design, and work completed towards the annual work program will provide the focus for the discussion. Work Task I.D.3.c. Prepare reports documenting the conclusions drawn from the work- shops described above for use in Work Elements I.D.5. and I.D.8. Work Element I.D.4. The development and organization of a comprehensive bibliography of all projects, programs, and plans now being undertaken in the Ohio shore zone in a format similar to the Catalog of Federal Domestic Assistance. This bibliography will be computerized, continually updated through the coordination processes developed in this work program, and will be available to all interested parties. Work Element I.D.5. The development of a mechanism for study coordination with federal agencies. Work Task I.D.5.a. The evaluation of all federal legislation and executive orders that affect the shore zone and those administrative procedures presently followed in implementing this legislation, including but not limited to the following: * Pub. L. 87-703; Resource Conservation (10.901) 91-343; 74-46 and Development * Pub. L. 83-560 Comprehensive Planning (14.203) Assistance * Pub. L. 83-578 Outdoor Recreation State (15.401) Planning * Pub. L. 89-304 Anadronmous Fish (15.600) 91-249 Conservation Fish Restoration (15.605) Wildlife Restoration (15.611) * Pub. L. 74-292 Historic American (15.903) Building Surveys * Pub. L. 89-665 Historic Preservation (15.904) * Pub. L. 91-258 Airport Planning Grant (20.103) Program * Pub. L. 90-495; Highway Research Planning (20.205) 91-605; 89-574 and Construction * Pub. L. 91-453; Urban Mass Transportation (20.505) 88-365 Technical Studies Grants * Pub. L. 89-80 Water Resources Planning (65.001) Air Pollution Survey and (66.005) Demonstration Grants Solid Waste Planning Grants (66.301) Water Pollution Control Comprehensive Planning Grants (66.401) * Pub. L. 88-206; Air Pollution Survey and (66.005) 89-272; 89-675; Demonstration Grants 90-148; 91-604 * Pub. L. 92-500 Water Quality Management (66.023) Technical Planning Assistance * Pub. L. 89-272; Solid Waste Technical (66.304) 91-512; 93-14 Assistance Training and Information Services * Pub. L. 92-583 Marine Protection Research and Sanctuaries Work Task I.D.5.b. Using the results of the questionnaire (Work Task I.D.2.d.), the federal workshop (Work Task I.D.3.e.), and the evaluation des- cribed above (Work Task I.D.5.a.), identify and document the mechanism for continuing federal coordination with the Ohio Lake Erie Shore Zone Management Program. Work Element I.D.6. The development of a mechanism for study coordination with all Great Lakes states. Work Task I.D.6.a. The evaluation of all existing interstate arrangements that affect the Ohio shore zone, and the administrative structures of these arrangements. The evaluation will include, but not be limited to the following agencies * Great Lakes Commission * Great Lakes Basin Commission * International Joint Commission Work Task I.D.6.b. Organize a meeting of the eight Great Lakes states to discuss the adequacy of existing coordinative mechanisms and to formulate those additional programs necessary to facilitate adequate coor- dination. Work Element I.D.7. The development of a mechanism for study coordination among all appropriate Ohio state governmental agencies. Work Task I.D.7.a. Hold periodic meetings of the Ohio Shore Zone Management Workgroup, which was organized in February of 1973 to: (1) provide a mechanism wherein the views and policies of state agencies operating programs affecting the shore zone can be voiced and integrated with the development and implementation of the Shore Zone Management Program, and (2) provide a mech- anismfor resolving issues and problems related to the shore zone that are intra-agency in nature. The agencies which participate in the workgroup include: * Ohio Department of Natural Resources * Ohio Environmental Protection Agency * Ohio Department of Transportation * Ohio Department of Economic & Cormmunity Development o * Ohio Department of Administrative Services * Center for Lake Erie Area Research (CLEAR) Work Element I.D.8. The development of a mechanism for study coordination among all local and regional agencies in the Ohio shore zone. Work Task I.D.8.a. Using the results of the questionnaire (Work Task I.D.2.d.), and the local and regional workshops (Work Task I.D.3.c.), and the legal and administrative analysis conducted in Work Task I.B.3.c., determine the feasibility of utilizing Regional Planning and Development Organizations (RPDO) as the coordinating link between regional and local governments and the shore zone management program. (It is expected that the RPDO's will act as the coordinating mechanism.) Work Task I .D.8.b. Where inadequacies in the regional-local coordinative structure are found, alternative mechanisns for coordination will be identified and developed. RESULTS: The following accomplishments will result from Subprogram I.D., Organizational Arrange- ments for Study Coordination: � An identification of problems and issues relating to the Ohio shore zone as perceived by agencies operating in the zone. * An identification of the appropriate role of the various ongoing programs, projects, and plans as perceived by agencies operating in the Ohio shore zone. * Determination of the consensus opinion of agencies operating in the zone regarding the most appropriate arrangement for providing continuing coordination among the state and all other agencies. * A continuing program for inventorying and storing information regarding programs, projects, and plans effecting the Ohio shore zone. � A continuing program for notifying appropriate agencies of state projects and plans effecting the Ohio shore zone. * A mechanism wherein the views and policies of agencies operating programs affecting the shore zone can be voiced and integrated with the development and implementation of the Lake Erie Shore Zone Management Program. � Develop the Ohio Lake Erie Shore Zone Program in a manner that is harmonious with the shore zone programs of adjacent states. *1p Mechanisms for resolving issues and problems related to the Ohio shore zone that are intergovernmental, intra-agency (state), and/or interstate in nature. SUBPROGRAM I.E. SYNTHESIS PURPOSE: The purpose of SUBPROGRAM I.E. is to synthesize the results of all preceding work into a cohesive package. This package will provide the basis for developing the legal, ad- ministrative, and policy framework within which the technical shore zone management plan and process will be formulated. SCOPE: The scope of SUBPROGRAM I.E. is to synthesize the information and recommendations resulting from SUBPROGRAMS I. A. through I.D. in order to: 1. Formulate goals and objectives which will serve as the framework for developing the technical management plan and process, and; 2. Prioritize the problems and issues confronting the Ohio shore zone and subsequently identify the need for special studies and data acquisition, and; 3. Formulate recommendations for administrative arrangements necessary to implement shore zone management in Ohio, and; 4. Develop a legislative package for submission to the Ohio General Assembly which wiZZll provide for the implementation of the Ohio Lake Erie Shore Zone Management Program. Work Element I.E.1. The development of an environmental policy framework. Work Task I.E.l.a. Compile the information that relates to the environmental quality of the Ohio shore zone. This data will include: o The survey of environmental resources (Work Task I.A.l.b.) o Environmental resources presently consumed (Work Task I.A. 1.d.) Environmental resources consumed by projected populations (Work Task I.A.2.d.) Natural environment requirements for shore resources (Work Task I.A.3.a.) � Environmental resources rating (Work Task I.A.3.b.) e All legal and administrative analyses related to environmental quality (SUBPRPGRAIM I.B.) Issues and problems related to the shore environment as � identified by citizens, groups, and various governmental agencies (SUBPROGRvIS I.C. and I.D.) Work Task I.E.l.b. Based on Work Task I.E.l.a. Formulate a set of environmental standards to be used as the minimum acceptable levels of environmental C quality applicable to the Ohio shore zone, Work Task I.E.l.c. The development of policies, goals, and objectives that will insure the quality of the shore environment will be maintained at or above the levels identified in Work Task I.E.l.b. Work Element I.E.2. The development of a social policy framework. Work Task I.E.2.a. Compile the information that relates to the social character of the Ohio shore zone. This data will include: 0 The survey of population, personal employment and income characteristics of the Ohio shore zone. (Work Task I.A.2.a.) 6 Projected population, personal employment and.income character- istics of the Ohio shore zoneto the year 2000. (Work Task I.A.2.c.) Comparison of present land use development to the * requirements of present and projected future populations. (Work Tasks I.A.2.b. and I.A.2.d.) m All legal and administrative analyses related to the social character of the Ohio Shore Zone. (SUBPROGRAI I.B.) Issues and problems related to the social character of the Ohio * Shore Zone as identified by citizens, groups, and the various governmental agencies. (SUBPROGRAME I.C. and I.D.) Work Task I.E.2.b. Based on Work Task I.E.2.a. Formulate a set of standards defining the desired social character of the Ohio shore zone. The achievement of these standards should compliment the achievement of environmental quality objectives as defined in Work Element I.E. 1. Work Task I.E.2.c. The Development of policies, goals, and objectives that will insure that the social character of the shore environment will be main- tained at or above the levels identified in Work Task I.E.2.b. Work Element I.E.3. The development of the economic policy framework. Work Task I.E. 3. a. Compile the information that relates to the economic structure of the Ohio shore zone. This data will include: * Survey of existing land use (Work Task I.A. 1.a.) * Survey of existing shore resources (Work Task I.A. 1.b.) * Analysis of social characteristics (Work Element I.A.2.) * Analysis of environmental characteristics (Work Element I.A. 3.) All legal and administrative analysis related to the economic structure of the Ohio shore zone. (SUBPROGRAM I.B.) Issues and problems related to the economic structure of the * shore zone as identified by citizens, groups, and various levels of government. (SuBpR0CMtAs I.D. and I.C.) Work Task I.E.3.b. Based on Work Task I.E.3.a. Formulate a set of standards defining the desired economic structure of the Ohio shore zone. The achievement of these standards should compliment the achievement of environmental quality standards as defined in Work Element I.E.1. Work Task I.E.3.c. The development of policies, goals, and objectives that will insure that the economic structure of the shore zone will be maintained at or above the levels identified in Work Task I.E.3.b. Work Element I.E.4. The prioritization of problems and issues confronting the Ohio shore zone. N) O-1 Work Task I.E.4.a. Synthesize information relating to all problems and issues identified by citizens, groups, and various levels of government (SUBPROGPRkM I.D. and I.C.), as well as the Resource Analysis Program (SoSPROGR( 2 I.A.). Work Task I.E.4.b. Based on Work Task I.E.4.a., develop a list, by priority, of all major problems and issues confronting the Ohio shore zone. Work Task I.E.4.c. Identify any special studies or data acquisition needs that will be required in addition to the programs and studies outlined in the Overall Program Design as a result of the problems and issues identified in Work Task I.E.4.b. Work' Element I.E.5. Prepare the final legislative package and recommendations for the creation of the necessary authorities and administrative organizations for the implementation of the Ohio Lake Erie Shore Zone Management Program. The compilation, analysis, and synthesis of the following information will provide the basis for the preparing the legislative package and recommendations: * All legal and administrative analyses (SU3PROGRaM I.B.) Issues and problems related to the legal and administrative structure * of the shore zone program as identified by citizens, groups, and the various levels of government (SUBPRCGRPIS I.D. and I.C.) * Standards, policies, goals and objectives developed in SUBPROGR!A I.E. Work Element I.E.6. The review and preparation of a final report covering all aspects of SUBPROGRAMS I.A. through I.E. Work Task I.E.6.a. Organize and initiate a task force composed of representatives of: * Participants in the citizen involvement program. * All participating governmental agencies. Work Task I.E.6.b. Preparation of the following documents for review and conment: * Environmental, economic, and social standards for the shore zone Policies, goals, and objectives for the Ohio Lake Erie Shore Zone Management Program Major problems and issues confronting the Shore Zone; special studies and data acquisition requirements Shore Zone Management legislative and administrative requirements Work Task I.E.6.c. Preparation of revised documentation for presentation at public hearings described in Work Element I.C.4. Work Task I.E.6.d. Based on feedback derived in Work Tasks I.E.6.b. and I.E,6.c., prepare the final versions of reports described in Work Task I.E.6.b. The documents will serve as the basis for work in Program II, Technical Management Plan and Process, and will be published for public distribution. RESULTS: The following results will be realized through the process of synthesis described above: A. Policies, goals, and objectives regarding the value, present and future use and development of the resources of the zone. These policies, goals and objectives will serve as the guiding framework within which the following elements of the program will be developed: 1. The permissable use definition process. 2. The priority of use system 3. The delineation of areas of particular concern B. A definition listing by priority of the major problems and issues concerning the shore zone. An awareness of these problems and issues and their relative importance will result in: 1. The recognition of the need for special studies to supplement the overall program design. 2. The recognition of areas in which we lack adequate information and should concentrate future research. 3. An information base which will contribute to: a. The permissible use definition process b. The priority of use system c. The delineation of areas of particular concern C. Recommendations for developing the administrative arrangements for implementing shore zone management in Ohio. D. A legislative package providing the necessary arrangements and authorities for implementing the Ohio Lake Erie Shore Zone Management Program. c I I I I I I I I APPENDIX D SECOND YEAR WORK ELEMENTS I I I i I I I I I I ! * ~~~~~~~~~~D- 1 2-1.1 EVALUATION OF BOUNDARY I ~~~~~~~~~~~ALTERNATIVES Purpose: To identify and evaluate possible alternative boundaries for the Ohio Coastal Zone subject to the management program. Method: The analysis and recommendations for coastal zone boundaries ~iiEntaned in the Legal and Administrative Analysis prepared in the I ~first year will be reevaluated b5y the Division of Water in the con- text of the NOAA Threshold Paper No. 1. Consideration will be given to progress being made in other Great Lakes states, and research I ~findings from other second year work activities. Special considera- tion will be given to the procedure for identifying the landward boundary to include: (1) shorelands, the use of which have a direct and significant impact on coastal waters, (2) adjacent shorelands I ~strongly influenced by coastal waters, and (3) the area required for control of such shorelands. A single boundary or multiple boundaries delineating areas in which different sets of controls I ~may be implemented will be considered. County advisory groups will provide advisory assistance. End Product: A work paper, including maps, summarizing the policy considerations of each boundary alternative prepared for public review and discussion. I ~Work Steps: - Review Legal and Administrative Analysis report I ~~~~and NOAA Threshold Paper No. 1. - Contact all Great Lakes states and review methods and criteria for boundary delineation. - Review first and second year findings regarding permissible uses, geographic areas of particular concern, state and federal interaction and national interest, and authorities. 3~~~~ -Consider possible coastal zone management needs and techniques. *~~~~ -Formulate criteria for evaluating boundary alternatives. - Identify maps and evaluate possible coastal zone 3 ~~~~boundary alternatives. - Coordinate analysis with states of Michigan and Pennsylvania. - Prepare work paper. - Present work paper to the State Agency Work group, I ~~~~advisory groups, and other interested parties for review and discussion. D-2 Budget: Division of Water $5,000 Total $5,000 Schedule: 3 Months: 5/1/77 - 7/31/77 * ~~~~~~~~~~D-3 1 ~~~~~~~~~2-2.1 LAND CAPABILITY ANALYSIS Purpose: To conduct land capability analyses for Ashtabula, I ~Cuyahoga, and Lorain Counties utilizing the Ohio Capability Analysis Program (OCAP). Method: During the first year of the Ohio Lake Erie Coastal Zone I ~Management Program, the Department of Natural Resources completed a land capability analysis for Lake County as part of a statewide 5 ~county-by-county program. Six other non-shoreline county programs have also been completed or are underway with separate funding. During the second year the Division of Water will complete I ~land capability analyses for a coastal area 1000 meters deep in Ashtabula, Cuyahoga, and Lorain Counties pursuant to NOAA Thresh- old Paper No. 2, "Permissible Uses". OCAP is one valuable method for "relationg various specific land and water uses to impacts upon coastal waters" and adjacent shorelands strongly influenced by coastal waters. It focuses on the capability of land resources to support various types of urban and rural uses, and the impact of these uses on the environment. The Division of Water staff will work closely with elected and appointed county officials to adapt generalized analytical tech- niques to the land use problems and decision-making needs of each county. When completed, the findings will be utilized on a con- tinuing basis to assist in the evaluation of alternative land use decisions in shoreline counties. End-Product: A technical report for each county, a computerized invelitory of basic resource data, and technical assistance to counties regarding utilization of the OCAP system. I ~Work Steps: - Coordinate procedures and techniques with county I ~~~~officials. *~~~~ -Assemble land resource data. - Digitize and edit all data components for computer input. I~~~~ -Prepare computer programs and process data. - Prepare OCAP technical reports for each county. - Provide technical assistance to county agencies regarding utilization of OCAP data. D-4 Budget: Department of Natural Resources: Ashtabula County $ 50,000 Cuyahoga County 50,000 Lorain County 50,000 Total $150,000 Schedule: 15 Months: 7/1/76 - 9/30/77 * ~~~~~~~~~~D-5 2-2.2 USES OF DIRECT AND I ~~~~~~~~~~~SIGNIFICANT IMPACT Purpose: To identify and define those uses of land and water in the coastal area which have a direct and significant impact upon I ~Method: The county and regional planning commissions will pre- pare definitions anc criteria to be used in determining which land and water uses in its jurisdiction have a "direct and sig- I ~nificant impact on coastal waters". Federal Coastal Zone Manage- ment office guidelines will be provided, as well as relevant information from other coastal states. The consultant will divide existing, projected, and potential uses of the coastal zone into detailed use categories and then annotate the list of categories with brief notes about the nature of their impact. Generally, these notes will identify those actions associated I ~with various uses which result in an impact being "direct and significant". For example, the use "Harbor" has several associated actions, including dredging and dredge spoil disposal, I ~with each action having several impacts. Thus the list of uses should identify those actions and impacts. End Product: A work paper with two sections. The first will I ~describe the definitions and criteria developed to determine uses which are of "direct and significant impact". The second section will provide an annotated list of those use categories which have a "direct and significant impact". * ~Work Steps: - Review federal guidelines and examples from other * ~~~~states. - Review first and second year work activities related to uses and resources capabilities. - Divide uses into categories. 3~~~~ -Analyze impacts of uses. - Prepare work paper. I ~~~- Present work paper to Participants' Workshop, State Agency Workshop, advisory groups, and other appro- * ~~~~priate parties. Budget: County and Regional Planning Agencies $ 6,000 Division of Water 6,000 3 ~~~~Total $12,000 Schedule: 5 Months: 1/1/77 -9/30/77 D- 61 2-2.3 SOCIAL AND ECONOMIC3 ANALYSIS Purpose: To identify and analyze the social and economicU characteristics and trends of the shoreline counties. Method: The county and regional planning agencies shall developI a social and economic profile on a county basis. This profile should illustrate the population characterisitcs and economic base of the county. This profile shall include, but not beI limited to, the following parameters: population by five year age groups. Employment rates by the 39 industrial census sectors. Labor Force Participation rates by age groups. Housing by age of the head of the household and by income'class.I Income paid by the industrial sectors. The county and regional planning agencies shall prepare social and economic projections for each shoreline county. The target year for the forecast should be 1990. The projections should include populations, employment, labor force, and housing para- meters. Utilizing the profiles and projections, a discussion of the existing and projected social and economic problems for each county and how these problems relate to the Coastal Zone Management Program shall be developed. The county and regional planning agencies shall develop and apply a method for determining uses of regional benefit. The federal regulations for the Coastal Zone Management Act define uses of regional benefit as those which provide services of other benefits to citizens or more than one unit of local, general- purpose government (excluding situations such as in cities andI counties which exercise jurisdiction over the same geographical areas.) These uses should at least include the following and their associated facilities:I Energy Production and Transmission Recreation (of an interstate nature) Interstate Transportation Production of Food and Fiber Preservation of Life and Property National Defense and AerospaceI Historic, Cultural, Aesthetic, and Conservation Values Mineral Resources3 The uses of regional benefit should be only those land and water uses subject to the terms and policies-of the management program, i.e., those with a direct and significant impact on coastal waters. The agencies should limit the determination of regional benefit to only those uses which have a direct and significant impact an coastal waters. D-7- I ~End Product: A technical report will consist of two parts. The first part will summarize the basic findings of the study. The I ~second part will contain the technical information of the study. Work Steps: I~~~~ -Develop social-economic profiles. 3~~~~ -Prepare social-economic projections. - Determine uses of regional benefit, 3~~~~ -Prepare technical report. Budget: County and Regional Planning Agencies: $11,000 I ~Schedule: 9 Months: l/l/77 -8/30/77 )- 8 2-2.4 COMMERCIAL AND INDUSTRIAL USES3 Purpose: To determine the nature and extent of commercial and industrial development in the coastal area and to determine future trends and needs for such development. Method: The basic source of information will be a review of existing and proposed land use and comprehensive planning reports and maps. This information will be complemented by contacts with representatives of specific businesses and industries concerning their plans for future expansion in the shoreland area. A primaryI objective of this inventory will be to determine which major businesses and industries are dependent on lakefront sites or access to the lake or its tributaties, and their needs for future economic operation. The county and regional planning agencies shall map current commerical and industrial land uses in the coastal area on the base I map. The commerical and industrial land use categories should be mapped at the scale of 1:24,000. U.S.G.S. 7�2 minute topographic mapi will be provided by the Department of Natural Resources. TheI land use categories that are to be delineated shall be determined by the Department. The basic cell size to be delineated will be 1.16 acres (200 feet by 250 feet).3 The county and regional planning agencies shall map the anticipated future trends and needs of the commnerical-industrial activities in the coastal area. The target year for the trendsI will be 1990. The map of future trends should be developed as an overlay to the current commerical-industrial activities.3 A discussion of the commerical-industrial uses and trends should be developed to accompany the maps. The discussion should provide a logical development of the subject together with sufficient back- up information that the results can be examined. The land useI impact of any major proposed developments along the shoreline, e.g., a jetport of a nuclear power plant, should be briefly discusses. Also, those commerical-industrial activities which are dependent upon access to Lake Erie and its tributaries should be identified. The type of dependency should be explained in the discussion. End Product: The end product will be a technical report consisting of maps, a discussion of the maps, and a summary of the findings. Work Steps:I - Establish list of personal contacts and secondary sources.I - Conduct site visits and personal interviews. D-9 - Review available aerial photographs, studies, and reports. - Summarize trends and needs, including identification of businesses and industries dependent on shoreline locations. - Prepare technical report. Budget: County and Regional Planning Agencies $6,000 Division of Water 1,000 Total $7,000 Schedule: 5 Months: 2/1/77 - 8/30/77 D- 10 2-2.5 RESIDENTIAL AND RECREATIONAL USES Purpose: To identify the nature and extent of residential and recreational land and water use in the coastal area and to determine future trends and needs for such development in the area. Method: The basic source of information will be a review of existing land use and comprehensive planning reports and maps. This information will be complemented by contacts with the respective city, township, and municipal officials concerningI plans and opportunities for future expansion of residential and recreational uses in the coastal area. The primary objective of this study will be to determine the demand for residentialI property in the coastal area and the relationship between the lake and adjacent residential communities. The county and regional planning agencies shall map current residential and recreational alnd uses in the coastal area on the base map. The residential and recreational land use categories shall be mapped at the scale of 1:24,000. U.S. G.S. 7�2 minuteI topographic maps will be provided by the Department of Natural Resources. The land use categories that are to be delineated shall be determined by the Department. The basic cell size to beI delineated will be 1.16 acres (200 feet by 250 feet). The agencies shall map the anticipated future trends of the residential and recreational activities in the coastal area.I The target year for the trends will be 1990. The map of the future trends should be developed as an overlay to the current residential and recreational activities. A discussion of the residential and recreational uses and trends shall be developed to accompany and explain the maps.I The discussion should provide a logical development of the sub- ject together with sufficient back-up information that the results can be examined. The land use impacts and implications of any major proposed developments along the shoreline, e.g., recreationalI development or high rise apartments, should be briefly discussed. Also, those specific residential and recreational activities which are directly dependent upon lakefront sites or access shouldI be identified. The type of dependency should be explained in the discussion. End Product: The end product will be a work paper to consist of maps, a discussion of the maps, and a brief summary of the findings.3 Work Steps: -Establish list of personal contacts and secondary3 sources. D-11 - Conduct site visits and personal interviews. - Review available studies, reports, and plans. - Summarize trends and needs. - Identify relationships between the lake and adjacent residential communities. - Prepare technical report. Budget:. County and Regional Planning Agencies $6,000 Division of Water 1,000 Total $7,000 Schedule: 2 Months: 7/1/77 - 8/30/77 D- 12 2-3.1 PORTS AND HARBORS Purpose: To provide general summaries of each ports' problems and what role the coastal zone program should have with theI Method: All existing materials will be combined to provideI summaries for each port. These will include Corps of Engineers reports, tonnage statistics, and interviews with all the port authorities. End Product: A technical report summarizing all of the ports' problems and their recommendation for cam involvement.3 D-13 2-3.2 and 2-3.3 FISH RESOURCE/ I ~~~~~~~~~~SPOIL DISPOSAL Purpose: To investigate open lake and confined spoil disposal methods and sites and their impact upon the fish resources of I ~Method:` The ODNR Division of Wildlife will conduct this combined study. They will investigate the current and projected status of Lake Erie fisheries, determine and map the critical fish habitat areas of Lake Erie, and determine those areas which are most or least capable of supporting either open lake or confined spoil E ~disposal sites. End Product: A technical report summarizing fisheries and their relation to spoil disposal sites.' I ~Work Steps: - Determine status of Lake Erie fisheries. U~~~~ -Forecast future trends of fisheries. - Determine critical fisheries habitat and develop I ~~~~map. *~~~~ -Determine critical special use areas. - Develop map of critical special use areas. - Determine optimum disposal areas. D- 14 2-3.4 ENVIRONMENTAL AREAS5 PROGRAM Purpose: To identify and evaluate environmental areas of potentialI s~tatew-ide concern and restoration based on their conservation, recreation, ecological, or aesthetic value.3 Method: Pursuant to NOAA Threshold Paper No. 3, "Geographic Areas of Particular Concern," the Division of Water with assistance from other divisions of the Ohio Department of Natural Resources willI carry out this assignment based on work completed in the first year. The scope of work will include studies to establish a sys- tem of criteria for identifying potential statewide environmental areas of convern and field surveys to designate statewide environmental areas of convern. The conduct of this work will include frequent contact with5 and participation by county advisory groups in which environmental areas are located. Coordination will also be maintained with the Natural Heritage Program and the statewide Critical Areas Program of ODNR. End Product: A technical report, including maps and photographs.5 Work Steps: - Identify existing acquisitio n, tax incentive, and5 other governmental or private programs that could be used to acquire and manage environmental areas of particular concern; analyze the legislation and guidelines underlying such programs to determine eligibility requirements. - Refine and complete critical areas identificationI initiated in the first year program. - Develop operational criteria for the field evaluationi of "candidate"-areas based on preliminary progress in the 701 funded ODNR statewide study of critical areas.5 - Prepare area evaluation matrix consisting of program eligibility requirements and critical area criteria.5 - Define candidate areas of particular concern using first year findings and interviews with local individuals, groups, and governmental agencies. - Complete area evaluation matrix and prepare a field report on each candidate area of- particular concern through field surveys and office research. D-15 - Designate potential areas of statewide concern. -Designate local initiative areas which qualify for eligibility but are not of statewide concern. - Recommend programs available for dealing with local initiatives, and provide local agencies advisory consultation in obtaining management assistance. 3 ~Budget: Division of Water $35,000 Schedule: 15 Months: 7/1/76 -9/30/77 D-163 2-3.5 LAND OWNERSHIP PATTERNSI Purpose: To identify and map the ownership of public and private prTopertEies along and within 1,000 meters of the shoreline.1 Method: In the first year generalized public-private ownership patterns were identified along the Lake Erie shoreline. In the second year the Division of Water will conduct more detailed research and will identify and map ownership boundaries in the coastal zone. End Product: Ownership maps. Work Steps: - Interpret first year research, maps and photos. - Conduct new research on ownership boundaries.I - Prepare work maps and verify. - Prepare final maps. Budget: Division of Water $5,0003 Schedule: 6 Months: l/l/76 - 6/30/77 3 ~~~~~~~~~D- 17 2-3.5 SAND AND GRAVEL RESOURCES U ~Purpose: To study the potentials of sand and gravel extraction from Lake Erie. I ~Method: The Division of Water will enter into an agreement with the Ohio Geological Survey for the conduct of this study. Loca- tions of submerged sand and gravel deposits will be identified I ~and mapped and the quantity and quality of these deposits will be estimated. During the course of the study the Geological Survey will coordinate with the U.S. Corps of Engineers. End Product: A technical report summarizing findings and policy considerations. Work Steps: 3 ~~~- Establish contact with the U.S. Corps of Engineers. - Identify and map locations of sand and gravel deposits. I~~~~ -Estimate the quantity and quality of these deposits. 3~~~~ -Prepare technical report. Budget: Ohio Geological Survey $10,000 I ~Schedule: 4 Months: 3/1/77 -6/30/77 D-183 2-3.7 ISLAND RESOURCES3 Purpose: To study the unique environmental, economic, cultural an~dhi-storic resources of Lake Erie islands and their needs forI land and water use management. Method: The Division of Water will contract with the Ohio State University Center for Lake Erie Area Research to carry out thisI assignment. The following islands will be included: Johnson island, Kelley's island, North Bass island, Middle Bass Island, Rattlesnake Island, South Bass Island, Green island, Sugar Island, Trutle Island, Ballast Island, Catawba Island, Starve Island, and West Sister Island. End Product: A technical report summarizing findings and policyI considerations. Work Steps: -Conduct general analysis. - Conduct biological analysis. -Conduct geologic analysis.1 -Conduct erosion hazard analysis.3 - Conduct recreation analysis. -Conduct economic analysis.3 - Conduct cultural analysis. -Conduct historic analysis.I - Identify areas of significant interest.1 - Summarize and eValuate findings; determine needs for management. - Recommend course of action.I -Prepare technical report. Budget: OSU CLEAR $ 8,800 Division of Water 5,200 Total $14,0003 Schedule: 9 Months: 10/1/76 - 6/30/77 3 ~~~~~~~~~D- 19 2-3.8 HISTORIC RESOURCES Purpose: To summarize and record the significant historic places and events that relate directly to Lake Erie and its shoreline. Method: The Division of Water will conduct the research required in this work element. The Division will utilize the State Histori- cal Society and other sources to summarize, document and map signif- icant historic places and events. The primary geographic focus is 3 ~the lake itself and its shoreline. The Division will not only consider buildings and sites listed in the national and state registers, but will consider other events related to the lake such as important events in maritime commerce, shipping disasters, etc. 3 ~End Product: Technical report. Work Steps: I ~~~- Identify types of places and events requiring research. I~~~~ -Research historical societies. - Investigate other sources. - Summarize and map findings. 3~~~~ -Prepare technical report. Budget: Division of Water $6,000 3 ~Schedule: 9 Months: l/l/77 - 8/30-77 D-20 2-3.9 FLOODPLAINS Purpose: To coordinate the preparation of detailed floodplain maps for Lake Erie and for rivers and streams in the zone, and to evaluate the capability of local units of government to manage these areas in relation to U.S. Flood Insurance Program. Method: The Division of Water will conduct this study. The principal objective is to accelerate the delineation of flood- plains in which Ohio property owners will be eligible for flood- water damage insurance. This work will be coordinated with the U.S. Corps of Engineers which is in the process of preparing flood hazard maps for the U.S. Department of Housing and Urban Development. Techniques for establishing the lake floodplain will also be coordinated with other Great Lakes states through the Great Lakes Basin Commission. End Product: A technical report. Work Steps: - Contact U.S. Corps of Engineers and the Great Lakes Basin Commission. - Establish priorities and standards for Lake Erie floodplains. - Evaluate the status of floodplain management in the shore zone, including the federal Flook Insurance Program. - Recommend criteria for use by local governments in management of these areas. - Prepare technical report and maps. Budget: Division of Water $5,000 Schedule: 9 Months: 1/1/77 - 9/30/77 D- 21 2-3.10 EROSION AREAS Purpose: To complete the analysis of shoreline recession rates and to publish county-by-county reports summarizing erosion problems and possible.-procedures and techniques for resolving Method: This work will be carried out by the Ohio Geological Survey based on its several years of erosion research. Currently, a draft erosion report for Lake County has been prepared and is scheduled for publication in the Spring of 1976. Reports for the other eight counties are currently scheduled for completion over the next two years. It is appropriate to assist the Geological Survey to accelerate this process of analysis and report production so that all county reports and a state shoreline summary report can all be completed during this program year. End Product: A technical report, including recession rate maps, for each coastal zone county and a summary report for the entire * ~Ohio shoreline. I ~Work Steps: - Complete county-by-county erosion analysis. I~~~~ -Publish county-by-county reports. - Identify and evaluate erosion damage reduction 3 ~~~~techniques and roles of the public and private sectors. 5 ~~~- Prepare statewide coastal zone summary report. Budget: Ohio Geological Survey $50,000 I ~Schedule: 15 Months: 7/1/76 - 9/30/77 D-223 2-3.11 WATER QUALITY ASSESSMENT Purpose: To summarize the status of Lake Erie water pollution and abatement as it relates to the Coastal Zone Management Program.3 Method: The Division of Water will enter into an agreement with the Ohio Environmental Protection Agency for the preparation of a report and maps summarizing the status of water pollution and abatement programs. Existing water quality in Lake Erie will be identified on an area-by-area basis, and significant point and non-point dischargers of pollutants will be identified and mapped. Existing and proposed pollution abatement programs for areas andI individual dischargers will be summarized. End Product: A technical report.3 Work Steps:3 - Summarize existing water quality along the shore. - List factors contributing to pollution. - Provide information on corrective actions. - Provide timetable for corrective actions. - Identify uncontrollable situations.3 - Prepare technical report. Budget: Ohio Environmental Protection Agency $5,000 Schedule: 5 Months: l/l/77 -5/30/771 D-23 2-3.12 AIR QUALITY ASSESSMENT Purpose: To summarize the status of air pollution over Lake Erie 5 ~and its coastal zone and the status of abatement programs. Method: The Division of Water will enter into an agreement with the Ohio Environmental Protection Agency for the preparation of I ~a report and maps summarizing the status of air pollution and abatement programs. Existing air quality will be identified on an area-by-area basis, and significant dischargers of pollutants will be identified and mapped. The problem of contaiminant fall- out will be analyzed and discussed, and existing and proposed pollution abatement programs for areas and individual dischargers U ~will be summarized. End Product: A technical report. I ~Work Steps: - Summarize existing air quality along shore. - List probable causes of pollution. 3 ~~~-Provide information on corrective actions. - Provide timetable for corrective actions. I ~~~- Identify problems without solutions. 3 ~~~-Prepare technical report. Budget: Ohio Environmental Protection Agency $5,000 I ~Schedule: 4 Months: 1/1/77 - 4/31/77 D- 241 2-4.1 PUBLIC INFORMATION Purpose: To prepare and disseminate information about the Ohio Coastal Zone Management Program that would enable citizens toU understand its benefits, how they might be affected, and how they may participate. Method: The Division of Water in conjunction with the ODNR Office of Public Information and Education will prepare and disseminate public information in three different formats: presentations, radio announcements, and publications. Two presentations will be produced by the ODNR Division of Public Information and Education. The first will be a 15-toI 20-minute slide show describing Ohio's coastal zone. The second will be a 10-minute film describing the program and the general goals of the program. Public service announcements for radio will be developed to deal with the problems and opportunities of the shore zone as well as progress of the program itself. Publications will be of several types and widely distributed. First, the quarterly newsletter initiated in the first year pro-I gram will be continued. Copies are distributed to approximately 6,000 addresses in addition to distribution at public meetings. Second, reprints of readily available and useful material dealing with coastal zone management will be a productive and inexpensiveI means of information dissemination. Finally, new brochures, work papers, and executive summaries of program reports will be prepared pursuant to COAA Threshold Paper No. 4. End Product: Films, radio announcements, and publications.3 Work Steps: - Prepare detailed schedule and specifications for theI content and format of all information products. - Publish quarterly newsletters.I - Publish reprints of readily available material. - Prepare slide show and film. - Prepare radio announcements. D-25 - Prepare new publications. - Prepare and execute means of dissemination. Budget: Division of Water $40,000 Office of Public Information and Education 25,000 Total $65,000 Schedule: 15 Months: 7/1/76 - 9/30/77 D- 261 2-4.2 MEETINGS, WORKSHOPS, AND SEMINARSI Purpose: To provide a forum and process for encouraging in'tere-sted and affected groups and individuals to make their views and recommendations known to the Division of Water and to each other. Method: The Division of water will host a series of meetings, workshops, and seminars in the coastal zone at which program progress, issues and recommendations will be discussed and toU which interested and affected groups and individuals will be invited. In addition, Division staff will be available to attend and participate in similar events hosted by others. AU summary record of each such activity will be maintained. The Division will set aside a portion of the budget for3 reimbursement to its consultants and other experts it may wish to invite to participate in such workshops when these services are not covered by other work elements.3 End Product: Summary record of each activity. Work Steps:3 - Prepare agenda of activities. - Host or participate in activities.I - Prepare summary record. Budget: Division of water $8,000 Schedule: 15 Months: 7/1/76 - 9/30/775 D-2 7 2-4.3 COUNTY CZM ADVISORY I ~~~~~~~~~~~GROUPS Purpose: To provide for coordination of the Ohio Coastal Zone I ~Management Program with county planning agencies. To provide Lake Erie coastal area residents and interest groups an oppor- tunity to make their views and recommendations known to the Ohio Coastal Zone Management Program. Method: County planning agencies will coordinate with the I ~Department of Natural Resources in the development of the Ohio Coastal Zone Management Program. The agencies will act as local contacts for the program, reviewing and evaluating said program with respect to its impact an the people and environment under their jurisdiction, and facilitating the input of those people into the program. I ~~The agencies will organize county advisory groups with the membership consisting of local elected officials; represen- tatives of industrial, commerical, sporting and conservation I ~groups; shoreline landowners; and local residents. Nominations to the advisory groups will be reviewed by the Department of Natural Resources prior to appointment. The agencies will organize the groups; schedule, publicize and help conduct the meetings; and summarize the views and recommendations resulting from each meeting. Meetings shall be at least every two months. The general public will be invited to the meetings and provided an opportunity to make their views and recommendations known. The Department of Natural Resources will provide the consultant information on topics for which views and recommendations may be solicited and will provide staff for appearances at the advisory groups meetings. As the Department completes draft reports on the various work elements, these will be submitted to the advisory groups for review and comment. End Product: Written reports of each meeting of the advisory groups and a year-end summary of each group's activities. 3 ~Work Steps: - Receive nominations and appoint members. I ~~~~- Forumlate operating guidelines. 3~~~~ -Communications with council members. - Convene advisory council meetings. D-28 - Maintain minutes and records of meetings. - Prepare annual report. Budget: Division of Water $42,000 County and Regional Planning Committees 28,000 Total $70,000 Schedule: 15 Months: 7/1/76 - 9/30/77 D-29 2-4.4 LOCAL AGENCY PARTICIPATION Purpose: To provide a direct participating role for'shoreline municipalities, special districts, counties, regional agencies, and port authorities in the problem-solving process of coastal zone management. I ~Method: The Division will maintain contact with local govern- ments to determine problems, opportunities, current activities, comments on program recommendations, etc. Groups of local governments may be encouraged to enter into formal or informal agreements to deal with subjects or areas of mutual concern. Form time to time throughout the second year the Division of Water may issue technical assistance grants to local governments for specific services in support of the coastal zone management program. The Division may also provide technical services to I ~aid coastal zone agencies by preparing applications for financial assistance from complementary sources. 3 ~End Product: End of year report on local participation activities. 3 ~Work Steps: - Identify and map local governmental jurisdictions. *~~~~ -Contact each local government. - maintain record of local government comments. I ~~~- Issue technical assistance grants. 3~~~~ -End of year report. Budget: Division of Water $52,000 I ~Schedule: 15 Months: 7/1/76 - 9/30/77 D-303 2-4.5 POLICY ISSUES SUMMARY3 Purpose: To summarize major policy issues identified in the first and second year programs as a basis for discussion by the advisory groups, Coastal Zone Commission, and the general public. Method: Individual work elements in the first and second year programs will produce technical findings, and will identifyI problems and opportunities. Certain studies will also highlight issues related to major public policies on a given subject., Concurrently, emerging federal rules and regulations governingI coastal management and advisory group deliberations will also continue to raise significant policy issues. The Division of Water will prepare and Publish a summaryI report culminating second year work elements as a prerequisite to the formulation of program recommendations in the third year. End Product: A summary report of policy issues. Work Steps: - Review and extract policy issues from previouslyI submitted technical reports. - Review federal guidelines and identify related policy issues. - identify major policy issues not otherwise covered3 by the above. - Prepare summary report.3 - Present report to advisory groups. Budget: Division of Water $5,0003 Schedule: 4 Months: 6/1/77 - 9/30/77 D- 31 1 ~~~~~~~~~2-5.1 NOAA CONFERENCES Purpose: To attend and participate in national coastal zone management conferences sponsored by the National Oceanic and 3 ~Atmospheric Administration, Office of Coastal Zone Management. Method: Approximately two times each the NOAA sponsors conferences for all state and federal participants, the purpose of which is to I ~issue and discuss new guidelines, exchange information between states, consider mutual problems and opportunities, and improve the effectiveness of the overall program. it is anticipated that the State of Ohio Division of Water will send one or more participants to each of these conferences. 3 ~End Product: None Work Steps: None 3 ~Budget: Division of Water $1,000 Schedule: 15 Months: 7/1/76 - 9/30/77 D- 32 2-5.2 GREAT LAKES BASIN COMMISSIONI Purpose: To support and participate in the activities of theI Great Lakes Basin Commission and its subcommittees. Method: The State of Ohio is a member of the Great Lakes Basin C~ommisision, and the Director of the Ohio Environmental ProtectionU Agency is the designated representative. The State will continue to support the Commission as a dues paying member, and the staff of the Division of Water will take an active part in standingI committees such as Shoreline Recession and Coastal Zone Manage- ment. It is also recommended that the laternate representative of the State to the Commission be appointed from the Division of Water. End Product: None Work Steps: None Budget: Division of Water $4,000 Schedule: 15 Months: 7/1/76 -9/30/77 D-33 2-5.3 GREAT LAKES COMMISSION Purpose: To support and participate in the activities of the 3 ~Great Lakes Commission. Method: The Great Lakes Commission was established by inter- state compact in 1955. It is composed of legislative and citizen I ~representatives from each Great Lakes state. The Division of Water will support Ohio's representatives with administrative and technical assistance that will enhance interaction with the 3 ~coastal zone management program. End Product: None * ~Work Steps: None 3 ~Budget: Division of Water $1,000 Schedule: 15 Months: 7/1/76 - 9/30/77 D-3'4 2-5.4 NATIONAL INTEREST IN FACILITY SITINGI Purpose: To provide for the opportunity of full participationI in the Ohio Coastal Zone Management Program by relevant federal agencies, to demonstrate that the views of federal agencies principally affected by the program have been adequately considered, to give adequate consideration to the national interest involvedI in the siting of facilities, to incorporate the requirements of the national water and air pollution control acts, and to establish a mechanism for continuing consultation and coordination with federalI agencies. Method: Pursuant to NOAA Threshold Paper No. 5, the Division of Water will establish formal contact with the following federalI agencies, and will provide for continuing communications with and input from those which express a desire to be involved in the coastal zone management program: Department of Agriculture Department of DefenseI Department of Commerce Council of Environmental Quality Department of Health, Education and Welfare Department of Housing and Urban Development Department of Interior Department of Justice Department of TransportationI Environmental Protection Agency Energy Research and Development Administration Nuclear Regulatory CommissionI Federal Energy Administration Federal Power Commission General Services Administration To obtain the views of federal agencies, the Division of Water will utilize letters, questionnaires, group meetings, bilateral discussions, or other means. A record of all contacts with federalI agencies will be maintained. Where appropriate the Division of Water will pursue the formu- lation of joint policy statements with relevant federal agenciesI to govern continuing relationships and future activities in the Ohio Coastal Zone. End Product: Documentation of contacts with federal agencies and joint policy statements. D-35 3 ~Work Steps: - Formulate a schedule and procedures for meeting with * ~~~~relevant federal agencies on a continuing basis. - Meet with federal agencies. 3 ~~~~- Maintain record of all meetings and document findings; record responsibilities, interests, and procedures of each agency; diagram decision-making and permit issuance processes and-identify critical checkpoints; identify agency criteria for permit decisions. - Compare findings from various agencies and analyze opportunities for coordination. - Recommend means for considering the national interest in the shore zone, and for ways to enhance consistency between agencies. *~~~~ -Document agreed upon policies. Budget: Division of Water $5,000 I ~Schedule: 9 Months: 1/l/77 - 9/30/77 D- 36 2-5.5 USCE PERMITTING PROCEDURESI Procedures: To consider the coordination and integration of permit issuance procedures of the U.S. Army Corps of EngineersI with those of the State of Ohio. Method: The Division of Water will identify all permit issuanceI aEuthor~ities of the Corps of Engineers in the coastal zone and all similar authorities of the State of Ohio. The Division and other state representatives will meet with representatives of the3 Corps of Engineers to consider and evaluate permit issuance pro- cedures and criteria, and means to coordinate, simplify and possibly integrate similar or duplicative procedures. Authorities to be considered include Section 402, National Pollution DischargeI Elimination System, Section 404, Discharges of Dredged or Fill Material in Navigable Waters, ports and harbors, erosion protec- tion measures, etc. The Division of Water will summarize findingsI and make recommendations. End Product: Technical Report Work Steps: - Identify permit issuance authorities.I - Meet with Corps of Engineers. - Evaluate procedures and criteria. - Summarize findings and recommendations. ' - Prepare technical report. Budget: Division of Water $2,000U Schedule: 8 Months: 2/1/77 - 9/30/77 D-37 2-6.1 INFORMATION * ~~~~~~~~~~~CLEARINGHOUSE Purpose: To develop and maintain an orderly and methodical system of storing, retrieving and distributing coastal zone * ~Method: The Division of Water will acquire and catalogue relevant coastal zone materials in a systematic manner. Records will also be kept of information available from other sources. Such infor- 3 ~mation will be made available to interested persons and organizations. Relationships will be established with and between other library and reference resources in Ohio, such as other state agencies, I ~colleges and universities, and private foundations and corporations. The Division of Water will also maintain records and map(s) of current trends and projects or programs which have been activated in the coastal zone. From time to time a summary of such activities will be published in the quarterly newsletter. I ~End Product: A coastal zone library, published bibliographies, and record of current trends. * ~Work Steps: - Sort and catalogue existing materials. I~~~~ -Contact ot her libraries and reference sources. *~~~~ -Prepare detailed information clearinghouse system. - Acquire and catalogue new materials. *~~~~ -Prepare record of current trends. - Maintain information clearinghouse system. I ~Budget: Division of Water $2,000 I ~Schedule: 15 Months: 7/1/76 - 9/30/77 D-38 2-6.2 STATE AGENCY COORDINATION Purpose: To achieve coordination and cooperation among the various state agencies active in the coastal zone. Method: It is a responsibility of the Ohio Coastal Zone Manage- ment Program to coordinate relevant state policies and the use of agency resources to avoid inconsistencies and enhance effective- ness. The Division of Water will establish a State Agency Work- group which will meet periodically and formulate a mechanism for continuing coordination. Relevant agencies include, but are not limited to: Ohio Department of Natural Resources Ohio Environmental Protection Agency Ohio Department of Transportation Ohio Department of Economic and Community Development Ohio Department of Administrative Services Center for Lake Erie Area Research (CLEAR) Ohio Power Siting Commission Ohio Water Development Authority Ohio Historical Society The Division of Water will act as the secretariate for the workgroup. Special attention will be given to coordinating and simplifying permit issuance procedures and criteria of various state agencies. Also deserving immediate attention is coordina- tion of the Coastal Zone Management Program and the OEPA Section 208 Water Quality Management Program. End Product: None Work Steps: - Request the Governor to convene a State Agency Workgroup. - Prepare and send out pre-meeting information materials to workgroup members. - Hold and document workgroup meetings. - Maintain informal communications between professional staffs of relevant agencies. - Coordinate permit issuance procedures. - Coordinate coastal zone management with 208 Water Quality Management. Budget: Division of Water $10,000 Schedule: 15 Months: 7/1/76 - 9/30/77 D- 39 2-6.3 STATE LAND USE I ~~~~~~~~~~~COMMITTEE Purpose: To coordinate the review of existing laws and the I ~formulation of recommendations for land and water use policies, programs and regulations in the coastal zone with the Ohio Land U ~Use Review Committee. Method: The Ohio Land Use Review Committee was created by act of the State Legislature on July 31, 1975, and is empowered to "review present land use laws, programs, and systems of land use controls at the state, regional, county and local levels,..." Its first report of findings and recommendations shall be submitted to the E ~111th General Assembly on or before June 30, 1976, and its final report shall be submitted to the 112th General Assembly on or before January 31, 1977. 5 ~~The Division of Water will establish immediate liaison with the Committee and will apprise the Committee of the purpose and work program of the Ohio Coastal Zone Management Program. There- after, the Division of Water will maintain communication and I ~coordination with the Committee, providing advisory or technical assistance when requested, and will monitor meetings and public 5 ~hearings of the Committee or their records as is appropriate. End Product: A record of Committee findings and recommendations relevant to the Ohio Coastal Zone Management Program. Work Steps: 5~~~~ -Establish liaison and present work program. - Monitor meetings, hearing or records. - Provide advisory or technical assistance if requested. - Identify findings and recommendations relevant to the coastal zone management program. Budget: Division of Water $3,000 U ~Schedule: 11 Months: 7/1/76 -5/31/77 D-~40 2-6.4 PROJECT REVIEW Purpose: To participate in the review of all land or water u~se projects initiated by or requiring the approval of theU Department of Natural Resources in the coastal zone. Method: All sections of the Division of Water that initiate3 projects or review applications from others for assistance to or approval of projects in the coastal zone will be requested to advise the consistency with the coastal zone program. The Division of Water will also discuss with the Director of theI Department of Natural Resources the potential for similar review of all projects or applications being processed by other departments and divisions. The Division of Water will formulate a procedure for carry- ing out such reviews effectively and expeditiously, and will pre- pare a record of all such project reviews it conducts, including rationale for findings and recommendations. End Product: Project review reports.I Work Steps:I - Prepare procedures for project review. -.Issue guidelines to all sections of the Division of Water.I - Consider potentials for extending review process to other divisions of ODNR.I - Carry out project reviews. - Maintain record of findings and recommendations. Budget: Division of Water $4,0003 Schedule: 15 Months: 7/1/76 - 9/30/77 3 ~~~~~~~~~D-4'1 2-7.1 LEGISLATIVE I ~~~~~~~~~~~LIAISON I ~Purpose: To establish and maintain liaison with the state legislature, its relevant committees, and its legislators from ' ~the Ohio Loastal Zone. Method: The Division of Water in conjunction with the ODNR Legislative Liaison will hold briefings for members of the state I ~legislature to apprise them of the Ohio Coastal Zone Management Program and its progress, and to familiarize them with specific problems and opportunities in the coastal zone. The Division will also provide technical or advisory assistance to legislative I. committees or individual legislators dealing with existing or proposed legislation affecting the coastal zone. Conversely, the Division will seek the advice of legislators relative to the 3 ~conduct of the management program. End Product: None I ~Work Steps: - identify all legislators from the coastal zone, all I ~~~~relevant legislative committees, and all pending legislation affecting the coastal zone. - Hold legislative briefings in Columbus and in the I ~~~~coastal zone. 3 ~~~- Provide technical or advisory assistance as requested. - Maintain communications with legislators. I ~Budget: Department of Natural Resources $10,000 Schedule: 15 Months:- 7/1/76 - 9/30/77 D-425 2-7.2 LEGISLATIONI Purpose: To prepare and submit legislation to the 112th General Assembly enabling the coastal zone management program to operateI Method: If second year studies determine the desirability of andI t17m-ely need for new authorities, the Division of Water will pre- pare and submit to the 112th General Assembly such proposed. legis- lation as is appropriate. The Division will carefully consider1 such proposals in the context of its current planning effort and in the context of a comprehensive recommendation for coastal zone management to be prepared in the third program year. Legislation to be considered this year, if any, will respond to critical needs or to opportunities to enhance the effectiveness of the coastal zone management program during its third year. End Product: Proposed legislation. Work Steps: - Consider need for new legislation.I - Draft proposed legislation. - Submit legislation to General Assembly, and testify in its behalf. Budget: Division of Water $2,0005 Schedule: 9 Months: 1/1/77 -9/30/77 I ~~~~~~~~~~D-4'13 2-7.3 CODE AND ORDINANCE I ~~~~~~~~~~~REVIEW Purpose: To inventory and review municipal and county codes I ~and ordinances regulating land and water uses in the coastal area, to determine where within each county the various regula- tory authorities reside, and to ascertain whether such codes and ordinances are sufficient to regulate current and future uses in the coastal zone. Method: County and regional planning agencies shall inventory and review the zoning, subdivision, building, and other codes and ordinances regulating alnd and water uses in all municipal, township, and county areas within the coastal management area. I ~For each governmental unit in the area, a list of such codes and ordinances shall be made with brief descriptive notes about each one, and a notation whether or not each one is actively enforced. I ~Each list shall be general in nature; the Department of Natural Resources is interested in knowing where the various authorities exist, not in the specific provisions of each one. The county shall review each list to determine where any possible regulatory deficiences exist in regard to regulating future development in the management area. I ~End Product: A technical report containing, for each govern- mental unit, an annotated list of codes and ordinances and a 5 ~discussion of possible regulatory deficiencies. Work Steps: I~~~~ -Establish inventory and review criteria. 5~~~~ -Gather and catalogue local codes and ordinances. - Review regulatory provisions. I ~~~~- Summarize findings and conclusions. - Prepare technical report. I ~Budget: County and Regional Agencies: $6,000 3 ~~~~Division of Water: 1,000 Total $7,000 1 ~Schedule: 9 Months: 1/1/77 - 8/30/77 D- 44J 2-8.1 PROGRAM MANAGEMENT3 Purpose: To assume responsibility for and provide management and supervision of the Ohio Coastal Zone Management Program.U Method: The Department of Natural Resources, Division of Water, has been designated by the Governor of Ohio as the responsible agency for this program. A supervisor of the Shoreland ManagementI Unit will be employed by the Division at the outset of the second year and will assume full authority for day-to-day administration. The supervisor will be provided a support staff and office space1 for the conduct of activities related to the shore zone program. He or she will be expected to carry out such responsibilities in accordance with guidelines of the State of Ohio and the NationalI Oceanic and Atmospheric Administration, including the maintenance of records, a system for accurate financial reporting, and a system for monitoring work performance.3 End Product: Basic records and quarterly progress reports. Work Steps: - Refine second year work program.I - Establish record keeping system. - Establish financial accounting system.U - Establish performance monitoring system.3 - Prepare, execute, and monitor agreements with other public agencies and consultants. - Recruit qualified staff. - Supervise work of the Coastal Zone Management Program staff.I - Represent the Division of Water in communications with the U.S. Department of Commerce, NOAA, OfficeI of Coastal Zone Management. - Represent the State of Ohio at conferences and meetings.I - Prepare and submit quarterly reports to NOAA.3 Budget: Division of Water $20,000 Schedule: 15 Months: 7/1/76 - 9/30/771 D-4L.5 2-8.2 CLERICAL AND GRAPHIC I ~~~~~~~~~~~~SUPPORT I ~Purpose: To obtain secretarial, technical and graphic support not covered in other specific work elements. 3 ~Method: The Division of Water will provide or obtain from other sources the support skills and other assistance, such as repro- duction, required for management and administrative purposes. I ~This work will be under the direct supervision of the Shoreland Unit supervisor and is not otherwise accountable to specific work elements. 3 ~End Product: None Work Steps: To be determined by the supervisor. 3 ~Budget: Division of Water $20,000 I ~Schedule: 15 Months: 7/1/76 - 9/30/77 D-46 2-8.3 OVERALL PROGRAM DESIGN Purpose: To revise, update, and complete the Ohio Coastal Zone Management Program Overall Program Design to reflect progress, changing conditions, and guidelines from the National Oceanic and Atmospheric Administration. Method: The Division of Water will retain a consultant to revise, update, and complete the Overall Program Design to accurately reflect work actually completed in the first year, the contents of this second year work program, and preliminary work element descrip- tions for proposed third year activities. The Overall Program Design revision has been requested by NOAA to reflect changing conditions in Ohio as well as amendments to coastal zone manage- ment guidelines published by NOAA subsequent to the original OPD, dated April 25, 1974. The revised OPD will be reproduced in substantial quantity so as to be available to intereste public agencies, program partici- pants, and citizens. End Product: Overall Program Design report manuscript. Work Steps: - Meet with NOAA representatives to discuss guidelines. - Revise introductory material as appropriate. - Complete preliminary third year work element descriptions, work sequence diagram, and budgets. - Prepare OPD report manuscript for printing by the Division of Water. Budget: Division of Water $ 6,000 Consultant 4,000 Total $10,000 Schedule: 7 Months: 3/1/77 - 9/30/77 3 ~~~~~~~~~D- 47 2-8.4 THIRD YEAR GRANT 3 ~~~~~~~~~~~APPLICATION Purpose: To prepare and submit the application for a third year development grant to the U.S. Secretary of Commerce in order to receive federal funds for completing development of the Ohio Coastal Zone Management Program. Method: The Division of Water will prepare the grant application based on the work elements scheduled for the third year in the revised Overall Program Design, modified to reflect actual findings of the second year program. The application will be submitted for State of Ohio clearinghouse review, and following approval will 3 ~be submitted to the Secretary of Commerce. End Product: Third year grant application. N ~Work Steps: 3~~~~ -Review progress of second year program. - Prepare third year development grant application. N ~~~~- Submit for state clearinghouse review. - Submit to Secretary of Commerce. Budget: Division of WAter $3,000 Schedule: 3 Months: 5/1/77 - 7/31/77 D-48I 2-8.5 ANNUAL AUDITI Purpose: To cause to be prepared an independent annual audit for the first program year.3 Method: The National Oceanic and Atmospheric Administration requires an independent audit to be performed for each year of a state coastal zone management program. Such audit may beI carried out at the request of the Division of Water by a separate qualified agency of the State of Ohio on a reimbursable basis. End Product: Audit report.1 Work Steps:I - Contract with independent state agency. - Conduct audit. - Prepare report and submit to Secretary of Commerce. Budget: State agency $2,000 Schedule: 3 Months: 1/1/77 - 3/31/q77 I I I I I I I I APPENDIX E 3 THIRD YEAR WORK ELEMENTS I I I I I I I I I I * ~~~~~~~~~~E-1 1 ~~~~~~~~~~~~~~3-1.1 COASTAL ZONE BOUNDARIES Purpose: To recommend detailed boundaries for the Ohio Coastal Zone. Method: Based on alternatives evaluated in the second year, the Division of Water and the County & Regional Planning Agencies will recommend detailed coastal zone boundaries. Detailed boundaries, taking into account definable physical or I ~jurisdictional features will be determined with the cooperation of local govern- ments through the advisory groups. Coordination of boundaries will also be established with Michigan and Pennsylvania. Recommended boundary maps will be I ~prepared by the Division of Water at a uniform scale for the entire coastal zone. End Product: Detailed boundary determination. I ~~Work Steps: 3 ~~~~- Identify and map general boundary configuration. - Meet with local advisory groups to discuss detailed boundaries. *~~~~~ -Recommend detailed boundaries. - Prepare detailed bou ndary maps for composite management program. I ~Budget: Division of Water $ 4,000 3 ~~~~County Planning Agencies 16,000 Total $20,000 3 ~Schedule: 10/1177 3/31/78 E-23 3-2.1 LAND CAPABILITY ANALYSIS Purpose: To conduct land capability analyses for the general CZM boundary area of Erie, Sandusky, Ottawa, and Lucas Counties utilizing the Ohio Capability Analysis Program (OCAP). Method: During the first and second years, the ODNR completed land capability analyses for all or critical portions of four coastal counties. Only the aboveI four county areas remain to be'analyzed utilizing the OCAP technique. Much of the required basic information has already been acquired and interpreted by the Toledo Metropolitan Area Council of Governments, includingI the computer data file and map printouts. It is now appropriate to convert this information to the OCAP specifications.3 In addition to the above, ODNR will continue its technical assistance to coastal counties and municipalities regarding the interpretation and application of completed OCAP reports to local problem solving activities, including the evaluation of alternative land uses and developer proposals in the vicinity of the shoreline. End Product: A technical report for each county area, a computerized inventoryI of basic resource data, and computer map printouts. Work Steps:I - Coordinate procedures and techniques with TMACOG and county officials. - Assemble existing data.I - Digitize and edit all data for computer inputs.3 - Prepare computer programs and process data. - Prepare 0CAP technical reports for each county area.3 - Provide technical assistance. Budget: Department of Natural Resources $57,000I Schedule: 9/30/77 -6/301783 * ~~~~~~~~~~~E-3 3-2.2 PERM~ISSIBLE USES AND 3 ~~~~~~~~~~~~~~~~PRIORITIES Purpose: To define what shall constitute permissible land and water uses I ~within the coastal zone, and to recommend b-road guidelines on priorities of uses in particular areas. 3 ~Method: The recommendation of permissible uses and their priorities will be based on activities completed in the second year, including an operational definition of "direct and significant impact~", inventories of natural and man-made coastal resources, analysis of resource capability, and environmental I ~impact potentials. Priorities will also be based upon an analysis of State and local needs, and the effect of uses on the area. Uses of lowest priority will be specified. The county planning agencies will work with the Division of I ~Water to make these recommendations. End Product: A work paper summarizing recommendations. * ~Work Steps: - Review second year work papers on "Uses of Direct and I ~ ~~~Significant Impact". - Review second year technical reports on land capability, I ~ ~~~social and economic analysis, land use needs, and areas of particular concern. *~~~~ -Recommend permissible uses and priorities. - Prepare work paper. 3~~~~ -Present work paper to appropriate parties for review and discussion. 3 ~Budget: Division of Water $ 4,000 County Planning Agencies 12,000 I ~~~~Total $16,000 I ~Schedule: 9/30/77 - 3/31/78 E-4~ 3-2.3 USES OF REGIONAL BENEFIT Purpose: To recommend a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. Method: "Uses of regional benefit" are-interpreted as only those which are subject to the terms and policies of the management program, i.e. those with a direct and significant impact on coastal waters. Other uses of regional benefit will not be considered. This activity will determine those uses of greater than local concern, including those of national interest; define "unreasonable" restriction or exclusion; and describe the means by which a decision will beI made if a siting decision has been judged as "unreasonable". End Product: A work paper summarizing recommendations.3 Work Steps: - Recommend uses of greater than local concern. - Recommend definition of "unreasonable" restriction or exclusion. - Recommend means of decision-making. - Prepare work paper.3 - Present work paper to appropriate parties for review and discussion. Budget: Division of Water $1,000I Regional Development Agencies 8,0003 Total $9.O00 Schedule: 9130/77 -3/31/783 3-2.4 MANAGEMENT TECHNIQUES 3 ~~~~~~~~~~~~~~~~FOR USES Purpose: To recommend means by which local governments or the State itself Iwill manage permissible uses, and uses of regional benefit. Method: This activity will be based on the review of codes and ordinances from the second year, and the legal analysis from the first year. Recommended management techniques will include incentives, regulations, and catalysts for conflict resolution. Emphasis will be placed on an effective "system'" of techniques which compliment each other. Relevant legal authorities and organi- zational mechanisms will also be considered. 'However, details will be covered in other work activities. Recommended management techniques will be coordinated 3 ~with recommendations of the State Land Use Committee. End Product: A work paper summarizing recommendations. 3 ~Work Steps: - Review first and second year technical reports. I ~~~~- Coordinate with State Land Use Committee proposals. 3~~~~ -Analyze and recommend management techniques. - Provide supporting rationale and documentation. 3~~~~ -Prepare work paper. - Present work paper to appropriate parties for review and 3 ~~~~discussion. Budget: Division of Water $ 2,000 3 ~~~~Regional Development Agencies 4,000 County Planning Agencies 14,000 Total $20,000 3 ~Schedule: 9/30177 - 3/31/78 E-6 3-3.1 AREAS OF PARTICULAR CONCERN Purpose: To recommend designated areas of particular concern, and to document the rationale for such designation.I Method: First and second year programs have provided nominations from state and local agencies, and from the general public, for urban and non-urban areasI of particular concern, including areas for resource preservation or restoration. These nominations will be screened by the Division of Water and evaluated in detail with the Local Advisory Groups. This process will be coordinated with the overall State Critical Areas Program of the Ohio Department of NaturalI Areas worthy of designation will be recommended, and their generalizedI boundaries will be. identified. The rationale for each such area will be documented. End Product: A work paper summarizing recommendations. Work Steps: - Review first and second year tech nical reports and inventory data. - Coordinate with State Critical Area Program. - Complete nomination of areas of particular concern. - Screen and evaluate nominations; discuss with nominee. - Recommend areas of particular concern. - Prepare preliminary boundary maps. - Identify rationale for each area.1 - Prepare work paper. - Present work paper to appropriate parties for review and discussion.I Budget: Division of Water $15,000 Schedule: 9/30/77 - 3/31178 * ~~~~~~~~~~~E- 7 3-3.2 MANAGEMENT TECHNIQUES I ~~~~~~~~~~~~~~~~FOR APCs Purpose: To recommend techniques for amending boundaries and guidelines for areas of particular concern, and to identify and analyze potential management responsibilities and techniques for APCs not otherwise covered under Permissible Uses. * ~Method: The importance and complexity of geographic areas o f particular concern, by contrast with other portions of the coas~tal zone, will normally suggest the need or opportunity for a greater variety of management techniques, and for more effective coordination between the public agencies responsible for their implementation. The Division of Water will carry out the analysis of APC management techniques in such a way that recommendations can be made in relation to the type of situation in which each technique will be most effective. These recommendations, in turn, will be utilized in the preparation of guide- lines for each APG. 3 ~End Product: A work paper summarizing recommendations. Work Steps: - Review first and second year technical reports. 3 ~~~~- Review preliminary objectives and policies for each APC. - Analyze and recommend potential management techniques. 3~~~~ -Provide supporting rationale and documentation. - Prepare work paper. I~~~~ -Present work paper to appropriate parties for review and discussion. 3 ~Budget: Division of Water $20,000 Schedule: 9/30/77 -3/31/78 E-83 3-4.1 BEACH ACCESS Purpose: To develop a planning process that can identify public shorefront areas appropriate for protection and/or increased access. Method: Pursuant to 1976 Amendments to the Coastal Zone Management Act, the Division of Water will define the term "beach", and will develop a planning process for the protection of, and access to, public beaches and other publicI coastal areas of environmental, recreational, historical, aesthetic, ecological, or cultural value. This process will be coordinated with shoreline municipali- ties and park districts, and with related divisions of the Ohio Department of Nautral Resources. End Product: A work paper summarizing recommendations.3 Work Steps: - Establish coordination with other agencies.3 - Define the term "beacht' and identify public areas subject to the definition.3 - Formulate a procedure for assessing public areas requiring access and/or protection. - Develop State policies pertaining to shorefront access and/or protection. - Formulate a method for designation, if appropriate, or shorefront areas as areas of particular concern for protection and/or access purposes.3 - Prepare a mechanism for continuing refinement and implementation of necessary management techniques.3 - Identify existing programs that can be applied to meet beach access and/or protection needs. - Coordinate analysis with other agencies. - Prepare work paper.3 - Present work paper to appropriate parties for review and discussion. Budget: Division of Water $10,0005 Schedule: 9/30/77 - 3/31/78 3 ~~~~~~~~~~E- 9 3-4.2 ENERGY FACILITIES Purpose: To develop a planning process that can anticipate and manage impacts from energy facilities affecting the State's coastal zone. Method: Pursuant to 1976 Amendments to the Coastal Zone Management Act, the Division of Water will prepare a planning process for energy facilities likely to be located in Lake Erie, in the landward portion of the coastal zone, or in such proximity as to create significant impacts on the coastal zone. Coordina- tion will be established with the Ohio Power Siting Commission and with major energy producers and related transportation organizations. End Product: A work paper summarizing recommendations. I ~Work Steps: *~~~~ -Establish coordination mechanisms. - Formulate a means of identifying energy facilities which are likely to be located in or which may significantly affect the I ~ ~~~~coastal zone. - Prepare a procedure for assessing impacts of such facilities. I ~~~~- Develop State policies and other techniques for the management of energy facility impacts. - Prepare a mechanism for continuing coordination and/or cooperative working arrangements between the Division of Water and other relevant agencies. - Prepare work paper. 3~~~~ -Present work paper to appropriate parties for review and discussion. Budget: Division of Water $15,000 Schedule: 9/30/77 - 3/31/78 E-10 3-4.3 SHORELINE EROSION Purpose: To develop a planning process that can assess the effects of shoreline erosion and evaluate ways to mitigate, control or restore areas adversely affected by erosion. Method: Pursuant to 1976 Amendments to the Coastal Zone Management Act, the Division of Water will prepare a planning process for shoreline erosion manage_ ment. The State of Ohio is well advanced and experienced in research and technical assistance on this subject. A complete series of reports on erosion in each coastal county is being prepared and published by the Ohio Geological Survey under the Ohio Coastal Zone Management Program. Coordination has been established and will be maintained with the U.S. Corps of Engineers. Therefore, this activity will focus primarily on refinements in and documentation of the planning process.3 End Product: A work paper summarizing recommendations. Work Steps:3 - Review OGS county erosion data. - Prepare a method for assessing the effects of shoreline erosion.I -Formul ate a procedure for handling erosion effects. - Develop State policies pertaining to erosion. - Formulate a method for designation of areas of erosion control, mitigation and/or restoration as areas of particular concern or as areas for preservation or restoration. - Prepare a mechanism for continuing refinement and implementationU of necessary management policies and techniques. -Prepare work paper. - Present work paper to appropriate parties for review and discussion. Budget: Division of Water $10,000 Schedule: 9/30/77 - 3/31/781 3 ~~~~~~~~~E-11 3-5.1 PUBLIC INFORMATION Purpose: To prepare and disseminate information about the Ohio Coastal Zone Management Program that will enable citizens to understand its benefits, how they might be affected, and how they may participate. Method: The ODNR Office of Public Info rmation & Education and the Division of Water will prepare and disseminate public information in three different formats: visual aids, radio announcements and publications. Publications will be of several types and will be widely distributed. First, the quarterly newsletter, The Beacon, will be continued. Copies are mailed to approximately 6,000 addresses in addition to distribution at public meetings. Second, reprints of readily available and useful material dealing with coastal management and the Lake Erie shore area will be inexpensively reproduced and distributed. Finally, new brochures, work papers, and summaries of program reports will be 3 ~~~~Public announcements for radio and TV will be developed to deal with progress of the program, and with current problems and opportunities in the coastal area. I ~~~~Audio presentations will include films produced in the second year, new slide programs describing analyses and recommendations, and speaking 3 ~engagements for program personnel. End Product: Audio, visual, and printed information. * ~Work Steps: - Prepare detailed schedule and specifications for the content and format of all information products. - Publish quarterly newsletters. 3 ~~~~-Publish reprints of readily available material. - Prepare visual materials. * ~~~~-Prepare radio announcements. * ~~~~-Prepare new publications. - Prepare and execute means of dissemination. 3 ~Budget: Division of Water $22,000 Public Information and Education 25,000 I ~~~~Total $47,000 3 ~Schedule: 9/30/77 - 12/31/78 E-12 3-5.2 MEETINGS & PRESENTATIONS Purpose: To explain and promote the various elements of Ohio's Coastal Zone Management Program to local governments and the public. Method: The Division of Water staff will be available to make presentations concerning Ohio's CZM Program at local government, civic club, and public interest group meetings throughout the third year. End Product: Summary record of meetings attended and presentations given. Work Steps: -Attend meetings. - Give presentations. - Prepare summary record. Budget: Division of Water $6,000 Schedule: 9/30/77 - 12/31/78 3 ~~~~~~~~~E- 13 3-5.3 ADVISORY GROUPS Purpose: To maintain a continuing opportunity for public participation through advisory groups created in the second year for each of nine coastal counties and for the coastal zone as a whole. Method: During the second year of the program advisory groups were created for the nine coastal counties. Each group was composed of members representing diverse interest in the county, including local government, navigation, recreation, business and industry, environment, riparian property rights, etc. j ~~These groups will meet periodically throughout the third year. A shoreline advisory group composed of organizations and public interest groups interested in the overall implications of coastal zone management. I ~ ~This advisory group will meet as is appropriate to provide input in the planning process. This group will be conducted by the Ohio League of Women Voters in cooperation with the Division of Water. Secretarial and technical support will be provided by county planning departments and the Division of Water. I ~End Product: Annual report of activities. 3 ~~Work Steps: - Continue meetings of advisory groups. 3 ~~~~- Maintain minutes and records of meetings. - Prepare annual report. I ~~Budget: Division of Water $12,000 County Planning Agencies 28,000 Ohio League of Women Voters 2,000 3 ~~~~Total $42,000 Schedule: 9/30/77 - 12/31/78 E-14 3-5.4 LOCAL AGENCY PARTICIPATION Purpose: To provide a direct participating role for shoreline municipalities, port authorities, special districts, county and regional agencies in the Ohio Coastal Zone Management Program. Method: During the third year, the Division of Water will make available planning assistance grants to local governments for specific studies and planning activities consistent with the coastal zone management program. The Division may also provide technical services to aid shore area agencies by preparing applications for financial assistance from complementary sources. Groups of local governments may be encouraged to enter agreements to deal with subjects or areas of mutual concern. The eight county and regional'planning agencies which were contracted with during the second year work program will continue under contract during the third year program. Part of their contract responsibility will be to assist the Division in the program recommendation process and to assure coordination of the CZM program with other existing local and regional plans. End Product: End of year report on local agency projects. Work Steps: - Notify local agencies of participation process. - Review of local government proposals by County and Regional Planning Commissions and Division of Water. - Provide technical assistance or issue grants. - Monitor progress of local agency projects. - End of year report. Budget: Division of Water $ 1,000 Local Agency Agreements 134,000 County Planning Agencies 20,000 Total $155,000 Schedule: 9/30/77 - 12/31/78 3 ~~~~~~~~~~E-15 3 ~~~~~~~~~~~~~~3-6.1 NOAA CONFERENCES Purpose: To attend and participate in national coastal zone management con- ferences sponsored by the National Oceanic and Atmospheric Administration, Office of Coastal Zone Management. 3 ~Method: Approximately two times each year, the NOAA sponsors conferences for all state and federal participants. The purpose of these is to issue and discuss new guidelines, exchange information between states, consider mutual problems and opportunities, and improve the effectiveness of the overall program. It is anticipated that the State of Ohio Division of Water will send one or more participants to each of these conferences. 3 ~End Product: A memorandum summarizing each conference. Work Steps: None Budget: Division of Water $1,000 3 ~Schedule: 9/30/77 - 12/31/78 E-16 3-6.2 GREAT LAKES BASIN5 COMMISSION Purpose: To support and participate in the activities of the Great Lakes BasinI Commission and its subcommittees. Method: The State of Ohio is A member of the Great Lakes Basin Commission, and the Director of the Ohio Environmental Protection Agency is the designated representative. The Division of Water will continue to support the Commission as a dues paying member of the standing committee on Coastal Zone Management and will take an active part in the standing committee. End Product: NoneI Work Steps: None Budget: Division of Water $4,0005 Schedule: 9/30/77 -12/31/78 E-17 3-6.3 GREAT LAKES COMMISSION Purpose: To support and participate in the activities of the Great Lakes Commission. Method: The Great Lakes Commission was established by interstate compact in 1955. It is composed of legislative and citizen representatives from each Great Lakes state. The Division of Water will support Ohio's representatives with administra- tive and technical assistance that will enhance interaction with the coastal zone management program. End Product: None Work Steps: None Budget: Division of Water $1,000 Schedule: 9/30/77 - 12/31/78 E- 183 3-6.4 NATIONAL INTEREST AND CONSISTENCY AGREEMENTS Purpose: To provide for the opportunity of full participation in the Ohio Coastal 3 Zone 'Management Program by relevant federal agencies, and to recommend agreements between the State and relevant federal agencies for continuing consultation and coordination. Method: During the second year the Division of Water established contact with fifteen federal agencies as required by NOAA, and has provided opportunity for these agencies to participate fully. The Division will continue to communicate with those agencies which have expressed an interest in participation during the third year. Where appropriate and mutually desired, the Division will recommend to federal agencies formal or informal agreements to govern continuing relation-I ships and coordination regarding national interest in the State's program and federal consistency with the State Coastal Zone Management Program to be adopted. End Product: Documentation of contacts with federal agencies and recommended intergovernmental agreements. Work Steps:I - Maintain schedule and procedures for contact with federal agencies. - Meet with federal agencies. - Document th~- results of all meetings and contacts.3 - Recommend intergovernmental agreements regarding national interest and federal consistency.3 Budget: Division of Water $12,000 Schedule: 9/30/77 - 12/31/783 3 ~~~~~~~~~~E-19 3-6.5 ENVIRONMENTAL ASSESSMENT Purpose: To assess the environmental impact of the recommended Ohio Coastal 3 ~~Zone Management Program. Method: NOAA requires that each completed 'and certified state coastal zone management program submitted to the Secretary of Commerce at the end of the U ~ ~program development period be accompanied by a complete environmental assess- ment. To maximize the effectiveness of such an assessment, it is advisable to incorporate the analysis in the planning phase so as to be able to minimize adverse impacts and maximize positive impacts. Therefore, the Division of Water will contract with a consultant to complete an environmental assessment of the proposed program. Such an assessment will consider economic and social 3 ~~impacts as well as those affecting the natural environment. End Product: Technical report. I ~~Work Steps: - Determine environmental criteria. I ~~~~- Consider baseline environmental data. - Coordinate with County & Regional Planning Agencies in coastal I ~ ~~~~zone area. - Review adverse and positive impacts of program. - Prepare environmental assessment report. * ~~Budget: Division of Water $5,000 Consultants 20,000 3 ~~~~Total $25,000 Schedule: 7/1178 - 12/31/78 E-20I 3-6.6 AIR AND WATER REQUIREMENTS Purpose: To incorporate air and water quality standards a-ad permit issuance procedures promulgated by the Ohio Environmental Protection Agency into the coastal zone program. Method: Water quality management programs carried out under P.L. 92-500, Section 208, are well-underw'ay throughout the coastal areas, and they have orI will generate new standards and procedures. -Similarly, air quality management programs are also being advanced under the supervision of the Ohio Environmental Protection Agency. To the extent that both programs influence resource andI land use management in the coastal zone, and to the extent that recommended I standards and procedures establish precedents for coastal zone management, these requirements will be coordinated with or incorporated into the State's coastal zone management program. End Product: Work paper summarizing recommendations.3 Work Steps: - Review second year OEPA reports.3 - Coordinate with current air and water quality programs in each coastal metropolitan area.3 - Review and evaluate air and water quality requirements applicable to the coastal zone. - Prepare work paper. Budget: Division of Water $4,0003 Regional Development Agencies 4,000 Total $8,0003 Schedule: 9130/77 - 3/31178 E-21 3-7.1 INFORMATION CLEARINGHOUSE Purpose: To develop and maintain an orderly and methodical system of storing, 3 ~retrieving and distributing coastal zone information. Method: The Division of Water will acquire and catalogue relevant coastal zone materials in a systematic manner. Records will also be kept of information available from other sources. Such information will also be made available to interested persons and organizations. Relationships will be established with and between other library and reference resources in Ohio, such as other state agencies, colleges and universi- ties, and private foundations and corporations. The Division of Water will also maintain a record and map(s) of current trends and projects or programs which have been activated in the Lake Erie area. From time to time a summary of such activities will be published in the 5 ~quarterly newsletter. End Product: A coastal zone library, published bibliographies, and record of * ~current trends. Work Steps: 5 ~~~~-Sort and catalogue existing materials. - Contact other libraries and reference sources. I ~~~- Prepare detailed information clearinghouse system. * ~~~~-Acquire and catalogue new materials. - Prepare record of current trends. - Maintain information clearinghouse system. Budget: Division of Water $4,000 3 ~Schedule: 9/30/77 - 12/31/78 E-22g 3-7 .2 STATE AGENCY COORDINATION Purpose: To achieve coordination and cooperation among the various state agencies active in the coastal zone.3 Method: It is a responsibility of the Ohio Coastal Zone Management Program to coordinate relevant state policies and the use of agency resources to avoid inconsistencies and enhance effectiveness. In the second year a State AgencyI Workgroup was created to meet periodically and formulate a mechanism for con- tinuing coordination. Relevant agencies include, but are. not limited to: Ohio Department of Natural ResourcesI Ohio Environmental Protection Agency Ohio Department of Transportation Ohio Department of Economic and Community DevelopmentI Ohio Department of Administrative Services Center for Lake Erie Area Research (CLEAR) Ohio Power Siting Commission5 Ohio Water Development Authority Ohio Historical Society The Division of Water will act as the secretariate for the workgroup.I Special attention will be given to coordinating and simplifying permit issuance procedures and criteria of various state agencies. Also deserving immediate attention is coordination of the Coastal Zone Management Program and the OEPAI Section 208 Water Quality Management Program and the State's HUD 701 Program activities and plans. End Product: Minutes of meetings. Work Steps:3 - Prepare and send out pre-meeting information materials to workgroup members.� - Hold and document workgroup meetings. - Maintain informal communications between professional staffs of relevant agencies.I -Coordinate permit issuance procedures.3 - Coordinate coastal zone management with other. management programs. Budget: Division of Water $12,0005 Schedule: 9/30177 - 12/31/78 E-23 3-7.3 PROJECT REVIEW Purpose: To participate in the review of all land or water use projects initiated by or requiring the approval of the Department of Natural Resources in the coastal zone. Method: The Division of Water will review all A-95 projects affecting the coastal zone. Additionally all Divisions of the Department of Natural Resources that initiate projects or review applications from others for assistance to or approval of projects in the coastal zone will be requested to advise the shoreland manage- ment unit staff and submit such projects for review to determine consistency with the coastal zone program. The Division of Water will formulate a procedure for carrying out such reviews effectively and expeditiously, and will prepare a record of all such project review it conducts, including rationale for findings and recommendations. 3 ~End Product: Project review reports. Work Steps: I~~~~ -Update procedures for project review. 3~~~~ -Update guidelines to all sections of the Division of Water. - Consider potentials for extending review process to other divisions of ODNR. - Carry out project reviews. 3~~~~ -Maintain record of findings and recommendations. Budget: Division of Water $15,000 I ~Schedule: 9/30/77 - 12/31/78 E-24~~~~~ 3-7.4 ORGANIZATIONAL STRUCTURE g Purpose: To recommend the organizational structure for implementing the coastal zone program, including the responsibilities and interrelationships of local, areawide, State, regional and interstate agencies to be involved. Method: The Division of Water will describe the organizational structure that will be used to implement the program. A recommendation will be made regardingI the agency to be designated by the Governor to administer management grants. This agency must have appropriate access to the Governor and the authority to monitor implementation activities. The County Planning Agencies will meet with the individual municipali- ties, townships and county governments to determine and recommend the responsible implementation agencies at the local level. These agencies will complete theI implementation organization st~ructure and will represent the agencies to receive the local pass through monies for program implementation once Ohio's program has been approved by the U.S. Department of Commerce.I End Product: A work paper summarizing recommendations. Work Steps: - Review recommended authorities and techniques for managing land and water uses throughout the coastal zone and in APCs.I - Recommend key management agency.3 - Recommend responsibilities and interrelationships of o~ther agencies. - Prepare work paper.I - Present work paper to appropriate parties for review and comment.3 Budget: Division of Water $ 4,000 ODNR Legal Counsel 5,000 County Planning Agencies 36,000I Total $45, 000 Schedule: 9/30/77 -1,2/31/78I 3 ~~~~~~~~~E-25 3 ~~~~~~~~~~~~~3-8.1 LEGISLATIVE LIAISON Purpose: To maintain liaison with the state legislature, its relevant committees, and its legislators from the Lake Erie Shore Zone. Method: The Department will 'hold briefings for members of the state legislature to apprise them of the Ohio Coastal Zone Management Program and its progress, U ~and to familiarize them with specific problems and opportunities in the coastal zone. The Department will also provide technical or advisory assistance to legislative committees or individual legislators dealing with existing or pro- I ~posed legislation affecting the coastal zone. Conversely, the Department will seek the advice of legislators relative to the conduct of the management program. 3 ~End Product: None Work Steps: I ~~~~- Identify all legislators from the coastal zone, all relevant legislative committees, and all pending legislation affecting the coastal zone. - Hold legislative briefings in Columbus and in the coastal zone. 3~~~~ -Provide technical or advisory assistance as requested. - Maintain communications with legislators. Budget: DNR $5,000 Schedule: 9/30/77 - 12/31/78 E-263 3-8.2 LEGISLATION3 Purpose: To prepare and submit proposed legislation to the General Assembly enabling the coastal zone management program to operate more effectively,U and to implement program recommendations. Method: If the management program developed in the third year establishes3 the desirability of the timely need for new authorities, the Division of Water will prepare and submit to the General Assembly such proposed legisla- tion as is appropriate. This legislation will cover any deficiencies that might inhibit the Governor from certifying that the State has all necessaryI authorities to implement the recommended program. End Product: Proposed legislation.3 Work Steps: - Consider need for new legislation.I - Draft proposed legislation.3 - Submit legislation to General Assembly. Budget: ODNR $10,0003 Schedule: 4/1/78 - 12/31/78 3 ~~~~~~~~~E-27 3-8.3 LOCAL-STATE AUTHORITIES Purpose: To recommend legal authorities necessary to implement the coastal U ~zone management program. Method: The Division of Water will identify existing authorities considered 3 ~adequate and will recommend new authorities if appropriate, including: - power to administer land and water use regulations; U~~~~ -power to control development; *~~~~ -power to resolve conflicts among competing uses; and, - power to acquire fee simple or lesser interests when necessary. 3 ~End Product: A work paper summarizing recommendations. Work Steps: 3 ~~~~- Review recommended organizational structure and management techniques. 3~~~~ -Recommend set of existing and/or new authorities. - Prepare work paper. *~~~~ -Present work paper to appropriate parties for review and discussion. * ~Budget:. Division of Water $18,000 ODNR Legal Councel 15,000 * ~~~~Total $33,000 Schedule: 9/30/77 -12/31/78 E-283 3-9.1 PROGRAM MANAGEMENT3 Purpose: To assume responsibility for and provide management and supervision of the Ohio Coastal Zone Management Program. Method: The Department of Natural Resources, Division of Water, has been designated by the Governor of Ohio as the responsible agency for this program. A new Program Administrator has been employed by the Division at the outset ofI the second year and has assumed full authority for day-to-day administration. The Administrator has been provided a support staff and office space for the conduct of activities related to the shore zone program. He will be expectedI to continue to exercise such responsibilities during the third year in accord- ance with guidelines of the State of Ohio and the National Oceanic and Atmospheric Administration, including the maintenance of records, a system3 for accurate financial reporting, and a system for monitoring work performance. End Product: Basic Records and quarterly progress reports.3 Work Step-: - Refine third year work program.3 - Maintain record keeping system. - Maintain financial accounting system. - Maintain performance monitoring system.3 - Prepare, execute, and monitor agreements with other public agencies and consultants. - Recruit qualified staff. - Supervise work of the Ohio Coastal Zone Management Program staff.3 - Represent the Division of Water in communications with the U.S. Department of Commerce., NOAA, Office of Coastal Zone Management. - Represent the State of Ohio at conferences and meetings. - Prepare and submit quarterly reports to NOAA. Budge t: Division of Water $15,0003 Schedule: 9/30/77 - 12/31/78 E-29 3-9.2 CLERICAL AND GRAPHIC SUPPORT Purpose: To obtain secretarial, technical and graphic support not covered in other specific work elements. Method: The Division of Water will provide or obtain from other sources the support skills and other assistance, such as reproduction, required for manage- ment and administrative purposes. This work will be under the direct supervision of the Ohio Coastal Zone Management Program Administrator and is not 6therwise accountable to specific work elements. End Product: None Work Steps: To be determined by the Administrator. Budget: Division of Water $18,000 Schedule: 9/30/77 - 12/31/78 E-30 3-9.3 FOURTH YEAR GRANT APPLICATION~ Purpose: To prepare and submit the application for a fourth year development3 grant to the U.S. Secretary of Commerce in order to receive federal funds for completing development of the Ohio Coastal Shore Zone Management Program. Method: The Division of Water will prepare the grant application based on the work elements scheduled for the fourth year in the revised Overall Program Design, modified to reflect actual findings of the third year program. The application will be submitted for State of Ohio clearinghouse review, andI following approval will be submitted to the Secretary of Commerce. End Product: Fourth year grant application.3 Work Steps: - Review progress of third year program.I - Prepare fourth year development grant application.3 - Submit for state clearinghouse review. - Submit to Secretary of Commerce.3 Budget: Division of Water $3,000 Schedule: 7/1/78 -12/31/78I 3 ~~~~~~~~~E-31 1 ~~~~~~~~~~~~~~~3-9.4 ANNUAL AUDIT Purpose: To cause to be prepared an independent annual audit for the second 3 ~~and third CZM Program Development Grants for Ohio's program. Method: The National Oceanic and Atmospheric Administration requires an independent audit to be performed for each grant for a state coastal zone I ~management program. Such audit may be carried out at the request of the Division of Water by a separate qualified agency of the State of Ohio on a reimbursable basis. I ~End Product: Audit report. 3 ~~Work Steps: - Contract with independent state agency. 3~~~~~ -Conduct audit. - Prepare report and submit to Secretary of Commerce. I ~~Budget: State agency $2,000 5 ~Schedule: 1/l/78 -12/31/ 78 E-32U 3-9.5 LOCAL ASSISTANCE OFFICE3 Purpose: To establish and maintain a local office for the Ohio Coastal Zone Management Program in an accessible location near Lake Erie.I Method: To enhance communications, provision of technical assistance, and opportunities for public information and participation, the Division of Water will establish and maintain a field office. The office will be located where it is readily accessible to the citizens of the coastal zone, and it will be staffed by at least one full-time professional and by additional staff in transit or temporarily assigned for specific projects. The office will alsoI have facilities for meetings and the display of public information regarding the program. .End Product: End of year report on office activities.I Work Steps:3 - Select location and arrange for office space. - Assign field office staff.3 - Announce location and availability of services. - Maintain office operations.I - Prepare end of year report.3 Budget: Division of Water $15,000 Schedule: 9130/77 - 12/31/783 3 ~~~~~~~~~~E-33 U ~~~~~~~~~~~~~~3-10.1 GOALS AND OBJECTIVES Purpose: To recommend goals and objectives for the State's coastal zone management program based on public input. Method: The Division of Water, will prepare a preliminary statement of coastal zone management goals and objectives. This preliminary statement will be I ~presented to advisory groups and other representatives of the general public for review and comment. The Division will then refine the goals and objectives for incorporation in the composite management program. I ~End Product: A work paper documenting goals and objectives. * ~~Work Steps: - Prepare preliminary goals and objectives. U~~~~~ -Review byadvisory groups and general public. - Revise goals and objectives. I~~~~~ -Prepare work paper. 3 ~Budget: Division of Water $10,000 Schedule: 9/30/77 - 12/31/77 3-10.2 COMPOSITE MANAGEMENT PROGRAM Purpose: To synthesize all recommendations and prepare the composite coastal zone management program for formal review by the general public, other StateI agencies, and the National Atmospheric and Oceanid Administration. Method: The Division of Water will integrate all previous recommendations and review comments into the composite management program. The recommended program I will respond to final NOAA regulations describing the procedures for applying for program development grants, and the outline of findings necessary for 306 approval by the Secretary of Commerce. .End Product: Draft composite management program. Work Steps,: - Synthesize recommendations into first draft of composite program.3 - Review of draft by advisory groups, and others. - Prepare preliminary draft of composite program for public hearing3 process. - Revise preliminary draft based on final review and hearing results if necessary. - Prepare final draft.3 Budget: Division of Water $40,000 Schedule: 4/1178 -12/31/783 3 ~~~~~~~~~E-35 3-10.3 PUBLISH PRELIMINARY 3 ~~~~~~~~~~~~~~~~PROGRAM Purpose: To publish the preliminary coastal zone management program in sub- stantial quantity and a variety of formats for public review prior to the formal public hearing. 3 ~Method: The Division of Water will publish the preliminary program in at least three formats: a summary report for general public distribution; a complete technical document as required by NOAA for limited distribution; and a news release to be made available to all major newspapers in the coastal area, and other throughout the state as is appropriate. 3 ~End Product: Published reports. Work Steps: 3 ~~~~- Formulate specifications for publication formats and procedures. - Prepare reports for reproduction and print. Budget: - Distribute program documents. Budet:Division of Water $20,000 Schedule: 7/1/78 - 9/30178 E-363 3-10.4 PUBLIC HEARING AND ADOPTION3 Purpose: To conduct required public hearings, refine and adopt the Ohio Coastal Zone Management Program for submission to the Governor and the Secretary ofI Method: The Coastal Zone Commission will hold public hearings on the preliminary3 management program as required by State Statute and by NOAA. A detailed documentation of the hearings will be maintained, and will be available for public review.3 Prior to the hearings, the Ohio League of Women Voters, in cooperation with the Division of Water, will hold four public workshops to educate citizens about the program recommendations and to train them for testifying at the public hearings. Following the hearings, the Division of Water will revise the management3 program based on hearing recommendations. The revised program will then be adopted by the Department for submission to the Governor. End Product: The recommended management program.3 Work Steps:3 - Prepare and publish notice of hearings; provide additional publicity. - Hold public hearings. - Prepare record of hearings. - Review public comments and revise program. - Adopt management program.3 Budget: Division of Water $9,000 Office of Public InformationI and Education 5,000 Ohio League of Women Voters 1,0001 Total $15,000 Schedule: 10/1/78 - 12/31/78