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

                                            Alaska Coastal
                                    Management Program

                                             HANDBOOK

                                                       Compiled by:

                                                       State of Alaska
                                                   Office of the Governor
                                                 Division of Governmental
                                                       Coordination
                                                      P.O. Box 110030
                                                     Juneau, AK 99811
                                                       (907)465-3562

                                Walter J. Hickel                              August 1994
                                Governor

                                                   3 6668 00003 3995

                                                                                            Introduction
     			   The Alaska Coastal Management Program (ACMP) Handbook provides
                         agencies, project applicants, coastal districts, and the public with information
                         relevant to the program. The document includes, Alaska statutes and
                         regulations governing the ACMP, federal regulations relating to program
                         development and federal consistency with approved state coastal
                         management programs, the federal Coastal Zone Managment Act and other
                         useful information.

                         The ACMP was established by the Alaska Legislature in 1977. The Alaska
                         Coastal Management Act (AS 46.40) provides legislative authority for the
                         program. The Act was amended in 1994, adding two new sections, 46.40.094
                         and 46.40.096 and amending 46.40.100. The changes address petitions to
                         the Alaska Coastal Policv Council and consistency determinations for phased
                         uses and activities. In addition to AS 46.40, sections of AS 44.19 provide
                         authority for the program.

                         State regulations have been adopted for program. The Alaska
                         Administrative Code, 6 AAC 50, describes how the State reviews projects
                         for consistency with the ACMP. These regulations were adopted in 1984
                         and amended in 1990 and 1993. Also, 6 AAC-85 provides guidelines for the
                         development or amendment of coastal management programs by local
                         coastal resource districts. These regulations were originally adopted in 1978
                         with subsequent amendments over the years.

                         The federal Coastal Zone Management Act of 1972 was amended in 1990. A
                         summary explaining the amendments. As well as the Act are included in
                         this booklet.

                         Title 15 of the Code of Federal Regulations provides development and
                         evaluation of state coastal management programs. Also. federal regulations
                         provide direction to federal agencies conducting or supporting activities
                         affecting the coastal zone. issuing permits for coastal projects. and consistency
                         for Outer Continental Shelf (OCS) activities.

                         For further information about the Alaska Coastal Management Program.
                         please contact:
                              Division of Governmental Coordination
                         -     P.O. Box 110030
                                Juneau. AK 99811-0030
                                (907) 465-3562

                                                                                                     Library
                                                                                                   NOAA/ CCEH
                                                                                                 1990 HOBSON AVE.
                                                                                                CHAS. SC 29408-02623

                                                                        Contents

                                                                                   .Page

                        Introduction .........................................        I

                  A.    Alaska Statute Title 44. Section 19
                        Office of Management and Budget  .......................

                  B.    Alaska Statute Title 44. Section 47
                        Department of Community and Regional Affairs   ...........     9

                  C.    Legislative Intent for Alaska Coastal Management Act   ....   10

                  D.    Alaska Statute Title 46. Section 40
                        Alaska Coastal Management Program    ...................      12

                  E.    Project Consistency with the Alaska Coastal Management
                        Program
                        Title 6 Alaska Administrative Code, Chapter 50 .............. 57

                  E     Standards of the Alaska Coastal Management Program
                        Title 6 Alaska Administrative Code, Chapter 80 ...........   50

                  G.    Guidelines for District Coastal Management Program
                        Development
                        Title 6 Alaska Administrative Code, Chapter 85 ...........   68

                  H.    Citations for Department Statutes and Regulations
                         incorporated into the ACMP   ..........................     84

                  1.    Alaska Coastal Management Program Documents       ........   85

                  J.    Map of Alaska's Inland Coastal Zone Boundary     .........   90
                        Map of Coastal District Boundaries  ....................     91
     lamb,

     NOW          K.    Index of State Attorney General Opinions and
                        Memoranda    .........................................       92

                                                     i

                                                                                                 Contents
                                                                                                         (c o n Vd)

                                                                                                                Page

                                     Summary of 1990 Amendment to the Coastal Zone
                                     Management Act of 1972           .............................              97

                              M.     Federal Coastal Zone Management Act of 1.972,
                                     as amended       .......................................                   104

                              N.     Title 15, Code of Federal Regulations, Chapter IX
                                     National Oceanic and Atmospheric Administration,
                                     Department of Commerce
                                     Table of Contents    ...................................                   124

                                     Coastal Zone Management Program Development and
                                     Approval Regulations
                                     Title 15, Part 923   ....................................                  126       AdIk
                                                                                                                          IqW

                                     Review of Performance
                                     Title 15, Part 928   .....................................                 178

                                     Federal Consistency with Approved Coastal Management
                                     Programs
                                     Title 15, Part 930   .....................................                 186

                                     Coastal Zone Enhancement Grants Program
                                                                                                                -) 1 -1
                                     Title 15, Part 9321  .....................................                 - -)

                             0.      Federal Licenses and Permits           ........................            221

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                                                          TITLE 44. STATE GOVERNMENT

                                                CHAPTER 19. OFFICE OF THE GOVERNOR

                                                   Article 6. Office of Management and Budget

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

                            Note: Only those sections of Article 6 related to         the Alaska Coastal
                            Management Program are reprinted here.

                                Sec. 44.19.145. FUNCTIONS AND DUTIES OF THE
                            OFFICE. (a) The office shall
                                (1) provide technical assistance to the governor and the
                            legislature in identifying long range,:,,oals and objectives for the
                                                                         P.3
                            state and its political subdivisions;
                                (2) prepare and maintain a state comprehensive development
                            plan;
                                (3) provide information and assistance to state agencies to aid
                            in governmental coordination and unity in the preparation of
                            agency plans and programs,
                                (4) reviev@- planning within state government as mav be
                            necessarv for receipt of      federal, state, or other funds;
                                (5) participate with      other couni ries, provinces, states, or
                            subdivisions of them in international or interstate planning, and
                            assist the state's local governments, governmental conferences,
                            and councils in planning and coordinating their activities;
                                (6) encourage educational and research programs that further
                            state planning and development, and provide administrative and
                            technical services for them;
                                (7) publish such statistical information or other documentary
                            material as will further the provsions and intent of As
                            44.19.141 - 44.19.152;

                                                                        2

                                    (8) assist the governor and the Department of Community
                                and Regional Affairs in coordinating state agency activities that
                                have an effect on the solution of local and regional
                                development problems;
                                    (9) serve as a clearinghouse for information, data, and other
                                materials that may be helpful or necessary to federal, state, or
                                local governmental agencies in discharging their respectwe
                                responsibilities or in obtaining federal or state financial or
                                technical assistance;
                                    (10) review all proposals for the location of capital
                                improvements by any state agency and advise and make
                                recommendations concerning location of these capital
                                improvements;
                                    (11) render, on behalf of the state, all federal consistency
                                determinations and certifications authorized by 16 U.S.C. 1456             Federal
                                (Sec. 307, Coastal Zone Management Act of 1972), and each                 Consistency
                                conclusive state consistency determination when a project                  Reviews
                                requires a permit, lease, or authorization from two or more
                                state resource agencies.
                                    (b) The office shall, in carrying out its functions, consult
                                with local, regional, state and federal officials, private groups
                                and individuals, and with officials of other countries, provinces,
                                and states, and may hold public hearings to obtain information
                                for the purpose of carrying out the provisions of AS 44.19.141
                                - 44.19.152.
                                    (c) The governor may establish coordinating or advisory
                                planning groups.
                                    (d) The office shall
                                    (1) coordinate its services and activities with those of other
                                state departments and agencies to the fullest extent possible to
                                avoid duplication;
                                    (2) prepare an integrated annual report on the long-range
                                development program of the state and submit it to the
                                governor for incorporation into the governor's report to the
                                legislature;
                                    (3) cooperate with the University of Alaska and other
                                appropriate public and private institutions in research and
                                investigations. (� 2 ch 103 SLA 1966; am � 2 ch 219 SLA 1970;
                                am � 2 ch 60 SLA 1972; am � 8, 10 ch 200 SLA 1972; am � 5
                                ch 207 SLA 1975; am � 20 ch 63 SLA 1983; am � 1 ch 44 SLA
                                1990)

                                                                 3

                           AMENDMENT NOTES: The 1990 amendment substituted "requires a
                           permit, lease, or authorization from two or more state resource agencies" for
                           "requires two or more state or federal permits, leases, or authorizations" at
                           the end of paragraph (a)(11) and made grammatical changes.

                           EDITOR NOTES: Section 3, ch. 44, SLA 1990 provides that the 1990
                           amendment to (a) of this section is retroactive to March 11,   1984.

                           DECISIONS:

                           Competitive sale of oil and gas development rights to offshore state land
                           constituted a pro)ect requiring a review and finding by the Office of
                           Management and Budget as to whether the project was consistent with the
                           Alaska Coastal Management Program. Trustees for Alaska v. State., Dept.
                           of Natural Resources, 795 P.2d 805 (Alaska 1990).

                           Consistenc3@ determinations by Department of Natural Resources.           The
                           legislature has amended paragraph (a)(11) to permit the Department of
                           Natural Resources to make consistency determinations pursuant to AS
                           46.40.010. Trustees for Alaska v. State, Dept. of Natural Resources, 847
                           P.2d 1061 (Alaska 1993).

                           Consistencv determination-to-be in state's best interest. The Department
                           of Natural Resources consistency determination is one section of its finding,
                           made in accordance with AS 38.05.035(e), that a sale would serve the State's
    Ash,                   best interest. Trustees for Alaska v. State, 847 P.2d 1061 (Alaska 1993).

                           .Consist.encl determinations to identifv hazarls. The Department of Natural
                           Resources is to identify and report on known and, as to areas of high
                           development potential, substantially possible areas of geographical hazards
                           within the land for which it is making a consistency determination.
                           Trustees for Alaska v. State, 847 P.2d 1061 Waska 1993).

                              Sec. 44.19.152. DEFINITIONS. In AS 44.19.141 -
                           44.19.152,
                              (1) "director" means the dire:tor of the office of
                           management and budget.
                              (2) "office" means the Alaska of,-ice of management and
                           budget,
                              (3) "render" means to coordinate and issue;
                              (4) "resource agency," means
                                 (A) the Department of Environmental Conservation;

                                                                      4

                                         (B) the Department of Fish and Game; or
                                         (C) the Department of Natural Resources.
                                      1 ch 219 SLA 1970; am 5 13 ch 207 SLA 1975; am � 21 ch 63
                                   SLA 1983; am S 2 ch 44 SLA 1990)

                                   AMENDMENT NOTES: The 1990 amendment added paragraphs (3) and
                                   (4).

                                   EDITOR NOTES: Section 3, ch. 44, SLA 1990 provides that (3) and (4) of
                                   this section are retroactive to March 11, 1984.

                                         Article 7. Alas      ka Coastal Policy Council

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

                                      Sec. 44.19.155.          ALASKA COASTAL POLICY                                                  lank
                                   COUNCIL.           (a) There is created in the Office of the                                       1@qw
                                   Governor the Alaska Coastal Policy Council. The council
                                   consists of the following:
                                      (1) nine public members appointed by the governor from a
                                   list comprised of at least three names from each region,                     Public members
                                   nominated by the municipalities of each region; the nominees
                                   shall be the mayor or member of the assembly or council of a
                                   municipality; one public member shall be appointed from each
                                   of the following general regions:
                                         (A) northwest Alaska, including, generally, the area of the
                                   North Slope Borough and the Northwest Arctic regional
                                   educational attendance area;
                                         (B) Bering Straits, including, generally, the area of the
                                   Bering Straits regional educational attendance area;
                                         (C) southwest Alaska, including, generally, the area within
                                   the Lower Yukon, Lower Kuskokwim, Southwest, and Lake &
                                   Peninsula regional educational attendance areas and the Bristol
                                   Bay Borough;
                                         (D) Kodiak-Aleutians, including the area of the Kodiak
                                   Island Borough and the Aleutian, Adak and Pribilof regional
                                   educational attendance areas;
                                         (E) Upper Cook Inlet, including the Municipality of
                                   Anchorage and the Matanuska-Susitna Borough;

                                                                     5

                              (F) Lower Cook Inlet, including, generally, the area
                        within the Kenai Peninsula Borough;
                              (G) Prince William Sound, including, generally, the area
                        east of the Kenai Peninsula Borough to 141 W. longitude;
                              (K northern Southeast Alaska, including the area
                        southeast of 141 W. longitude and north of 57 N. latitude,
                        including the entirety of the City and Borough of Sitka; and
                              a) southern Southeast Alaska, including that portion of
                        southeastern Alaska not contained within the area described in
                        (H) of this paragraph
                           (2) each of the following:
                              (A) the director of the office of management and budget;            State members
                              (B) the commissioner of commerce and economic
                        development;
                              (C) the commissioner of community and regional affairs;
                              (D) the commissioner of environmental conservation;
                              (E) the commissioner of fish and game;
                              (F) the commissioner of natural resources; and
                              (G) the commissioner of transportation and public
                        facilities.
                           (b) Each public member appointed by the governor under
                        (a)(1) of this section serves a term of two years and until a             Term of office
                        successor is appointed and qualified. A public member may be
                        reappo Inted.
                           (C) The council shall designate co-chairmen, one of whom
                        shall be selected from among the public members appointed
                        under (a)(1) of this section and one from among the members
                        designated in (a)(2) of this section.
                           (d) Each member of the council shall select one person to
                        serve as a permanent alternate at meetings of the council. If a           Permanent
                        member of the council is unable to attend, the member shall               Alternates
                        advIse the alternate who may attend and act in the place of the
                        member. The alternate for a public member appointed after
                        July 9, 1978 under (a)(1) of this section shall, at the time of the
                        alternate's designation and throughout the period of service as
                        a permanent alternate, be the mayor or member of the
                        assembiv or council of a municipalltv within the region from
                        which the permanent member is appointed. The alternate for
                        the director of the office of management and budget, serving
                        under (a)(2)(A) of this section, shall be the director's designee
                        within that office.    The alternate fOr a designated member
                        sei-ving under (a)(2)(B) - (G) of this section shall be a deputy

     40

                                                            6

                                 commissioner of the department or the director of a division in
                                 the department. The names of alternates shall be filed with the
                                 council.
                                    (e) Four public members and three designated members of
                                 the council constitute a quorum, but one or more of the                    Quorum
                                 members designated by the council may hold hearings. All
                                 decisions of the council shall be by a majority vote of the
                                 members present and voting.
                                    (f) Members of the council or their alternates are entitled to
                                 per them and travel expenses authorized by law for members of
                                 boards and commissions.
                                    (g) If an incumbent public member ceases to meet the
                                 qualifications prescribed in (a)(1) of this section for nomination
                                 to the council or if a vacancy exists among the public members
                                 for any other reason except for a vacancy due to the expiration
                                 of the term of a public member, the governor shall, within 30
                                 days of the establishment of the vacancy by lack of
                                 qualification or other reason, make an appointment, to be
                                 immediately effective, for the unexpired portion of the term.             Unexpired terms
                                 An appointment by the governor made under this subsection
                                 to fill an unexpired term of a public member shall comply with
                                 the requirements of (a) (1) of this section; however, the governor
                                 may appoint from qualified persons without soliciting from
                                 municipalities nominations of persons to fill the unexpired
                                 portion of the term. (� 3 ch 84 SLA 1977; am E.O. No. 39,
                                 S 11 (1977); am � 4, 5 ch 129 SLA 1978; am � 22, 23 ch 63 SLA
                                 1983; am � 30 ch 168 SLA 1990)

                                 AMENDMENT NOTES: The 1990 amendment, effective June 22, 1990,
                                 deleted an exception at the end of the first sentence in subsection (b)
                                 pertaining to the term of a public member first appointed.

                                    Sec. 44.19.160. POWERS OF THE COUNCIL. The
                                 council mav
                                    (1) app@ly for and accept grants, contributions, and
                                 appropriations, including application for and acceptance of
                                 federal funds that may become available for coastal planning
                                 and management;
                                    (2) contract for necessary services;
                                    (3) consult and cooperate with
                                      (A) persons, organizations, and groups, public or private,
                                 interested in, affected by, or concerned -,NIth coastal area
                                 planning and management;

                                                                   7

                              (B) agents and officials of the coastal resource districts of
                        the state, and federal and state agencies concerned with or
                        having jurisdiction over coastal planning and management;
                           (4) take any reasonable action necessary to carry out the
                        provisions of AS 44.19.155 - 44.19.162. (� 3 ch 84 SLA 1977)

                           Sec. 44.19.161. DUTIES OF THE COUNCIL. In
                        conformity with 16 U.S.C. 1451-1464 (Coastal Zone
                        Management Act of 1972), as amended, the council shall
                           (1) through the public hearing process and the recording of
                        the minutes of the hearings, develoo guidelines and standards
                        for the preparation of, and approve, in accordance with AS
                        46.40, the Alaska coastal management program;
                           (2) establish continuing coordination among state agencies to
                        facilitate the development and implementation of the Alaska
                        coastal management program; in carrying out its duties under
                        this paragraph, the council shall initiate an interagency program
                        of comprehensive coastal resource planning for each geographic
                        region described in AS 44.19.155(a)(1);
                           (3) assure continued provision of data and information
    ddlkkL              to coastal resource districts to carry out their planning and
                        management functions under the program;
                           (4) [Repealed July 1, 1994.] (� 3 ch 84 SLA 1977; am � 35
                        ch 126 SLA 1994)

                           Sec. 44.19.162. COUNCIL STAFF. The council shall use
                        the staff of the office of coastal management within the office
                        of management and budget in discharging its powers and duties.
                        The coordinator of the office of coastal management, under the
                        direction of the council co-chair who is selected from among
                        the members designated in AS 44.19.155(a)(2), may contract
                        with or employ personnel or consultants the coordinator
                        considers necessary to carry out the powers and duties of the
                        council. (� 3 ch 84 SLA 1977; am � 24 ch 63 SLA 1983)

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                                         TITLE 44. STATE GOVERNMENT

                               CHAPTER 47. DEPARTMENT OF COMMUNITY
                                              AND REGIONAL AFFAIRS

                                             Article 2. Planning Assistance

                                Sec. 44.47.095. Planning assistance for development and
                        maintenance of district coastal management program. The
                        department shall conduct a program of research, training, and
                        technical assistance to coastal resource districts necessary for the
                        development and implementation of district coastal management
                        programs under AS 46.40. The technical assistance shall include
                        the direct granting to the coastal resource districts of a portion of
                        any funds received by    the state from the federal coastal zone
                        management program, in amounts to be individually determined
                        for each coastal resource district by the commissioner. State
                        agencies shall assist the department in carrying out the purposes
                        of this section. (� 5 ch 84 SLA 1977)

                        Cross references. For Alaska Coastal Policy Council, see AS
                        44.19.15-5 - 44.19.162; for le,,Islative findings and policy, see
                        and 2, ch. 84, SLA 1977 in the Temporary and Special Acts.

                                                           9

                                                                                                                               c

                                                       LAWS OF ALASKA

                                                                    1977

                         Source                                                                      Chapter No.

                         OCS SCS CSHEB 342                                                                  84

                                                                 AN ACT

                         Relating to the management of the coastal resources of the state; and
                         providing for an effective date.

                         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF
                         ALASKA:

                                     Section 1. LEGISLATIVE FINDINGS. The legislature finds that

                                     (1) the coastal area of the State is a distinct and valuable natural
    AOIL                 resource of concern to all the people of the state:

                                     (2) the demands upon the resources of the coastal area are
                         significant, and will increase in the future;

                                     (3) the protection of the natural and scenic resources and the
                         fostering of wise development of the zoastal area are of concern to present
                         and future citizens of the state;

                                     (4) the capacity of the coastal area to withstand the demands upon
                         it is limited;

                                     (5) the degree of planning and resource allocation which has
                         occurred in the coastal area has often been motivated bv short-term
                         considerations, unrelated to sound planning principles; and

                                     (6) in order to promote the public health and welfare, there is a
                         critical need  to engage in comprehensive land and water use planning in
                         coastal areas  and to establish the meaml by which a planning process and
                         management     program involving the several governments and areas of the
                         unorganized    borough having an interest in the coastal area may be effectively
                         implemented.

                                                                      10

                                         Sec. 2. LEGISLATIVE POLICY. It is the policy of the state to

                                         (1) preserve, protect, develop, use, and, where necessary, restore or
                               enhance the coastal resources of the state for this and succeeding generations;

                                         (2) encourage coordinated planning and decision making in the
                               coastal area among levels of government and citizens engaging in or affected
                               by activities involving the coastal resources of the state;

                                         (3) develop a management program which sets out policies,
                               objectives, standards and procedures to guide and resolve conflicts among
                               public and private activities involving the use of resources which have a
                               direct and significant impact upon the coastal land and water of the state.

                                         (4) assure the participation of the public, local governments, and
                               agencies of the state and federal governments in the development and
                               implementation of a coastal management program;

                                         (5) utilize existing governmental structures and authorities, to the
                               maximum extent feasible, to achieve the policies set out in this section; and

                                         (6) authorize and require state agencies to carry out their planning
                               duties, powers and responsibilities and take actions authorized by law with
                               respect to programs affecting the use of the resources of the coastal area in
                               accordance with the policies set out in this section and the guidelines and
                               standards adopted by the Alaska Coastal Policy Council under AS 46.35.

    IN

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                            D

                                                        TITLE 46. WATER, AIR, ENERGY, AND
                                                          ENVIRONMENTAL CONSERVATION

                                          CHAPTER 40. THE ALASKA COASTAL MANAGEMENT
                                                                                  PROGRAM

                                                          Article 1. Development of Alaska Coastal
                                                                          Management Program

                               Section                                                       Section
                               10. Development of Alaska coastal management                  70.  Standards for council review and approval
                                   program                                                   80. Effective date of Alaska coastal management
                               20. Objectives                                                     program
                               30. Development of district coastal                           90.  Implementation of coastal management
                                   management programs                                            programs
                               40. Duties of Alaska Coastal Policy Council                   94.  Consistency Determinations for Phased
                               50. Action and submission by coastal resource                      Uses and Activities
                                   districts                                                 96.  Consistency Reviews and Determinations
                               6 0. Review and approval by council                           100. Compliance and enforcement

                                   Sec. 46.40.010.              Development of               Alaska coastal
                               management programs.                  (a) The Alaska Coastal Policy
                               Council established in AS 44.19.155 shall approve, in
                               accordance with this chapter, the Alaska coastal management
                               program.
                                   (b) The council may approve the Alaska coastal management
                               program for a portion or portions of the coastal area before
                               approving the complete program under (a) of this section.
                               Portions of the program approved under this subsection shall
                               be incorporated into the Alaska coastal management program.
                                   (c) The Alaska coastal management program shall be
                               reviewed b-,- the council and, when appropriate, revised to
                                        (1) add newly approved d,,strict coastal management
                               programs, or revisions and amendments to the Alaska coastal
                               management program;
                                        (2) integrate newly approved district coastal management
                               programs, or revisions and amendments of district coastal
                               management programs, with existing approved programs and
                               with plans developed by state agencies;
                                        (3) add new or revised state statutes, policies, regulations
                               or other appropriate material;
                                        (4) review the effectiveness of implementation of

                                                                             1 2

                                   district coastal management programs; and
                                            (5) consider new information acquired by the state and
                                   coastal resource districts.
                                       (d) All reviews and revisions shall be in accordance with the
                                                 and standards adopted by the council under AS
                                   gul
                                   46.40.040. (S 4 ch 84 SLA 1977)

                                   ATTY GENERAL OPINION:
                                       The doctrine of federal preemption, derived from the supremacy clause
                                   of the United States Constitution, Article VI, clause 2, would not apply to
                                   state regulation of outer continental shelf activities in the coastal zone. May
                                   12, 1980 Op. Att'y Gen.
                                       Reasonable restrictions on oil and gas activities embodied in a local
                                   coastal management plan, incorporated into the Alaska Coastal Management
                                   Program, would be enforceable against off-shore federal lessees. May 12,
                                   1980 Op. Att'y Gen.
                                       Municipal authority to regulate oil and gas activities of federal lessees
                                   depends upon whether the leases are on-shore or off-shore. In the case of the
                                   former, the doctrine of federal preemption may prohibit local coastal zone
                                   ordinances from affecting any measure of control. In the case of the latter,
                                   local coastal management programs which are approved by the Alaska
                                   Coastal Policy Council and thus part of the Alaska Coastal Management
                                   Program will become one of the touchstones in the state consistency
                                   determination required by section 307(c)(3) of the Coastal Zone Management
                                   Act, 16 U.S.C. Sec. 1451 et seq. Mav 12, 1980 Op. Att'y Gen.
                                       A municipality enacting a local 'district coastal management program
                                   may restrict or exclude a use of state concern without falling afoul of the
                                   constitutional limitations in Alaska Const., art. X, Sec. 11 on the exercise'
                                   of municipal authority if that restriction or exclusion is reasonable, within
                                   the meaning of AS 46.40.070(c). May 12, 1980 Op. Att'v Gen.
                                       The Alaska Oil and Gas Conservation Act, AS 31.05.005 et seq., which
                                   mandates the conservation of oil and gas and prohibits their waste, would
                                   not be contravened by a local coastal management plan which comports
                                   vVith the Alaska Coastal Management Program. Mav 12, 1980 Op. AWN
                                   Gen.

                                   DECISIONS:
                                       CompetitiVe sale of oil and Fas develooment riahts to offshore state land
                                   constituted a project requiring a review and finding by the Office of
                                   Management and Budget as to whether the project was consistent with the
                                   Alaska Coastal Management Program. Trustees for Alaska %-. State, Dep't of
                                   Natural Resources, 795 P.2d 805 (Alaska 1990).

                                       ConsistencN, determinations by De2artment of Natural Resources. The
                                   legislature has amended AS 44.19.145 (a)(11) to permit the Department of
                                   Natural Resources to conduct ACMP consistency determinations, formerly
                                   under the strict pun,iew ot the Office of Management and Budget. Trustees
                                   for Alaska -,-. State, Dep't of Natural Resources, 847 P.2d 1061 (Alaska
                                   1993).

                                                                               13

                           ARTICLE NOTES:
                                Collateral References.- 78 Am. Jur. 2d, Waters, Sec. 59-116, 375-438 5
                           C.J.S., Navigable Waters, Sec. 10-18, 20-132; 93 CJ.S., Waters,
                           Sec. 71-85.

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

                           DECISIONS:
                                Archeological identification at initial sa@e staze.  Furtherance of the
                           objectives of this section requires the identification of known archeological
                           sites at the initial sale stage of government leases. Trustees for Alaska v.
                           State, Dep't of Natural Resources, 847 P.2d 1061 (Alaska 1993). Stated 'in
                           Hammond .-. North Slope Borough, 645 P.2d 750 (Alaska 1982).

                                                                       14

                                        Sec. 46.40.030.              Development of district coastal
                                    management programs.                 Coastal resource districts shall
                                    develop and adopt district coastal management programs in
                                    accordance with the provisions of this chapter. The program
                                    adopted by a coastal resource district shall be based upon a
                                    municipality's existing comprehensive plan or a new
                                    comprehensive resource use plan or comprehensive statement
                                    of needs, policies, objectives and standards governing the use of
                                    resources within the coastal area of the district. The program
                                    shall be consistent with the guidelines and standards adopted by
                                    the council under AS 46.40.040 and shall include:
                                        (1) a delineation within the district of the boundaries of the
                                    coastal area subject to the district coastal management program;
                                        (2) a statement, list, or definition of the land and water uses
                                    and activities subject to the district coastal management
                                    program;
                                        (3) a statement of policies to be applied to the land and
                                    water uses subject to the district coastal management program;
                                        (4) regulations, as appropriate, to be applied to the land and
                                    water uses subject to the district coastal management program;
                                        (5) a description of the uses and activities which will be
                                          idered proper and the uses and activities which will be
                                    consi
                                    considered improper with respect to the land and water within
                                    the coastal area;
                                        (6) a summary or statement of the policies which will be
                                    applied and the procedures which will be used to determine
                                    whether specific proposals for land or water uses or activities
                                    shall be allowed; and
                                        (7) a designation of, and the policies which will be applied
                                    to the use of, areas within the coastal resource district which
                                    merit special attention. (� 4 ch 84 SLA 1977)

                                    ATTY GENERAL OPINION:
                                        The adoption of forest practices regulations by the Department of
                                    Natural Resources at 11 AAC 95 has completely preempted the coastal
                                    policy council's regulations, 6 AAC 80. 100, in regulating timber harvest and
                                    processing in the coastal area. April 20, 1981 Op. Att'y Gen.
                                        The allocation of responsibility for administration of the forest practices
                                    regulations in coastal management consistency determinations is suff iciently
                                    unclear that it seems appropriate for resolution by the adoption of
                                    regulations since differing policy considerations emphasized in the Forest
                                    Practices Act, the Coastal Management Act, and proposed permit reform
                                    regulations will be served to a greater or lesser extent by assigning
                                           ibilitN for interpreting and applying the forest practices regulations
                                    responsi I I Y     I        I            I I                   I
                                    to more than   one agency and since a particular result is not compelled
                                    under the various pieces of authorizing legislation. April 20, 1981 Op. Att'-,
                                    Gen.

                                                                                15

                            DECISIONS: Stated in Hammond v. North Slope Borough, 645 P.2d 750
                            (Alaska 1982).

                                Sec. 46.40.040. Duties of the Alaska Coastal Policy
                            Council.      Through the public hearing process and the
                            recording of the minutes of the hearings, the Alaska Coastal
                            Policy Council shall
                                (1) by regulation, adopt under the provisions of AS 44.62
                            Administrative Procedure Act, for the use of and application by
                            coastal resource districts and state agencies for carrying out
                            their responsibilities under this chapter, guidelines and
                            standards for
                                    (A) identifying the boundaries of the coastal area subject
                            to the district coastal management program;
                                    (B) determining the land and water uses and activities
                            subject to the district coastal management program;
                                    (C) developing policies applicable to the land and water
                            uses subject to the district coastal management program;
                                    (D) developing regulations applicable to the land and
                            water uses subject to the district coastal management program;
                                    (E) developing policies and procedures to determine
                            whether specific proposals for the land and water uses or
                            activities subject to the district coastal management program
                            shall be allowed;
                                    (F) designating and developing policies for the use of
                            areas of the coast which merit special attention; and
                                    (G) measuring the progress of a coastal resource district
                            in meeting its responsibilities under this chapter;
                                (2) develop and maintain a program of technical and
                            financial assistance to aid coastal resource districts in the
                            development      and    implementation       of   district    coastal
                            management programs;
                                (3) undertake review and approval of district coastal
                            management programs in accordance with this chapter;
                                (4) initiate a process for identify1ing and managing uses of
                            state concern within specific areas of the coast;
                                (5) develop procedures or guidelines for consultation and
                            coordination with federal agencies managing land or conducting
                            activities potentially affecting the coastal area of the state;
                                (6) by regulation, establish a consistency review and
                            determination or certification process that conforms to the
                            requirements of AS 46-40.096. (� 4 ch 84 SLA 1977; am � 1 ch
                            129 SLA 1978, am � 1 ch 34 SLA 1994)

                                                               16

                             CROSS REFERENCES:           For regulations for the Alaska Coastal
                             Management Program, see 6 AAC 50, 6 AAC 80 and 6 AAC 85.

                             AMENDMENT NOTES: 1994 amendment effective August 7,1994 added
                             subsection (6) pertaining to consistency review regulations.

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

                                 Sec. 46.40.060. Review and approval by council.
                             (a) If, upon submission of a district coastal management
                             program for approval, the council finds that the program is
                             substantially consistent with the provisions of this chapter and
                             the guidelines  and standards adopted by the council and does
                             not arbitrarily or unreasonably restrict or exclude uses of state
                             concern, the council may grant summary approval of the
                             district coastal management program, or may approve portions
                             of the district program which are consistent.
                                 (b) If the council finds that a district coastal management
                             program is not approvable or is approvable only in part under
                             (a) of this section, it shall direct that deficiencies in the program
                             submitted by the coastal resource district be mediated.            In
                             mediating the deficiencies, the council may call for one or more
                             public hearings in the district. The council shall meet with
                             officials of the coastal resource district in order to
                             resolve differences.
                                 (c) If, after mediation, the differences have not been resolved
                             to the mutual agreement of the coastal resource district and the
                             council, the council shall call for a public hearing and shall                                     4D
                             resolve the differences in accordance with the Administrative

                                                                 17

                             Procedure Act (AS 44.62). After a public hearing held under
                             this subse  ction, the council shall enter findings and, by order,
                             may require
                                      (1) that the district coastal management program be
                             amended to make it consistent with the provisions of this
                             chapter or the guidelines and standards adopted by the council;
                                      (2) that the district coastal management program be
                             revised to accommodate a use of state concern; or
                                      (3) any other action be taken by the coastal resource
                             district as appropriate.
                                  (d) The superior courts of the state have Jurisdiction to
                             enforce orders of the council entered under (c) of this section.
                             (� 4 ch 84 SLA 1977)

                             ATTY GENERAL OPINION:
                                  The invalid provisions of AS 46.40,080 are severable from the remainder
                             of the Coastal Management Act. Thus, council guidelines take effect when
                             adopted in accordance with the Administrative Procedure Act, AS 44.62.
                             The effective date of council action on district programs is governed by the
                                    d's regulations and this section. April 29, 1980 Op. Att'y Gen.
                             counci           1                          1
                                  A municipality enacting a local district coastal management program
                             may restrict or exclude a use of state concern without falling afoul of the
                             constitutional limitations in Alaska Const., art. X, Sec. 11 on the exercise
                             of municipal authority if that restriction or exclusion is reasonable, within
                             the meaning of AS 46.40.070(c). May 12, 1980 Op. Att'y Gen.

                                  Sec. 46.40.070.         Standards for council review and
                             approval.       (a) The council shall approve a district coastal
                             management program submitted for review and approval if the
                             program is consistent with the provisions of this chapter and
                             the guidelines and standards adopted by the council.
                                  (b) Notwithstanding an inconsistency of a district coastal
                             management program submitted for review and approval with
                             the guidelines and standards adopted, the council shall approve
                             the program if it finds that
                                      (1) strict adherence to the guidelines and standards
                             adopted would result in a violation of another state law or
                             policy;
                                      (2) strict adherence to the guidelines and standards
                             adopted would cause or probably cause substantial irreparable
                             harm to another interest or value in the coastal area of the
                             district; or
                                      (3) the inconsistency is of a technical nature and no
                             substantial harm would result to the policies and objectives of

                                                                      18

                                   this chapter or the Alaska coastal management program.
                                       (c) In determining whether a restriction or exclusion of a use
                                   of state concern is arbitrary or unreasonable, the council shall
                                   approve the restriction or exclusion if it finds that
                                            (1) the coastal resource district has consulted with and
                                   considered the views of appropriate federal, state or regional
                                   agencies;
                                            (2) the district has based its restriction or exclusion on
                                   the availability of reasonable alternative sites; and
                                            (3) the district has based its restriction or exclusion on
                                   an analysis showing that the proposed use is incompatible with
                                   the proposed site.
                                       (d) A decision by the council under this section shall be
                                   given within 90 days. (� 4 ch 84 SLA 1977)

                                   ATTY GENERAL OPINION:
                                       Reading subsection (b) as vesting local officials with complete control
                                   over policy formulation would probably render the Alaska Coastal
                                   Management Act unconstitutional under Alaska Const., art. VIH, Sec. 2.
                                   May 12, 1980 Op. Att'y Gen.
                                       Reasonable restrictions on oil and gas activities embodied in a local
                                   coastal management plan, incorporated into the Alaska Coastal Management
                                   Program, would be enforceable against off-shore federal lessees. May 12,
                                   1980 Op. Att'y Gen.
                                       A mu nicipality enacting a local district coastal management program
                                   may restrict or exclude a use of state concern without falling afoul of the
                                   constitutional limitations in Alaska Const., art. X, Sec. 11 on the exclusion
                                   of municipal authority if that restriction or exclusion is reasonable, within
                                   the meaning of subsection (c). May 12, 1980 Op. Att'y Gen.
                                       The Alaska Oil and Gas Conservation Act, AS 31.05.005 et seq., which
                                   mandates the conservation of oil and gas and prohibits their waste, would
                                   not be contravened by a local coastal management plan which comports
                                   with the Alaska Coastal Management Program. May 12, 1980 Op. Att'v
                                   Gen.

                                       Sec. 46.40.080.          Effective date of Alaska coastal
                                   management program.               The Alaska coastal management
                                   program adopted by the council, and any additions, revisions,
                                   or amendments of the program, take effect upon adoption of a
                                   concurrent resolution by a majority of the members of each
                                   house of the legislature or by a vote of the majority of the
                                   members of each house at the time the houses are convened in
                                   joint session to confirm executive appointments submitted by
                                   the governor. (� 4 ch 84 SLA 1977)
                                   CROSS REFERENCES: For effective dates related to the Alaska Coastal                                          is
                                   Management Program, see 6 AAC 80.170(n) and 6 AAC 85.180; for

                                                                             19

                              resolution approving certain regulations under this section before the
                              A.L.I.V.E. decision (discussed in notes below), see LR 41 in the 1978
                              Temporary and Special Acts and Resolves.

                              ATTY GENERAL OPINION:
                                  Under the decision in State v. A.L.I.V.E. Voluntary, Sup. Ct. Op. No.
                              2022 (File No. 3670), 606 P.2d 769 (1980), that the use of legislative
                              resolutions as a veto over regulations,- programs or other actions or proposed
                              actions is constitutionally impermissible except as expressly provided by the
                              constitution, this section is invalid. March 6, 1980 Op. Att'y Gen.
                                  The invalid provisions of section are severable from the remainder of the
                              Coastal Management Act. Thus, council guidelines take effect when adopted
                              in accordance with the Administrative Procedure Act, AS 44.62. The
                              effective date of council action on district programs is governed by the
                              council's regulations, and AS 46.40.060. April 29, 1980 Op. Att'y Gen.

                                  Sec. 46.40.090.          Implementation of district coastal
                              management programs.               (a) A district coastal management
                              program approved by the council and the legislature for a
                              coastal resource district which does not have and exercise
                              zoning or other controls on the use of resources within the
                              coastal area shall be implemented by appropriate state agencies.
                              Implementation shall be in accordance with the comprehensive                           State agency
                              use plan or the statement of needs, policies, objectives and                           implementation
                              standards adopted by the district.
                                  (b) A coastal resource distric@ which has and exercises
                              zoning or other controls on the use of resources within the
                              coastal area shall implement its cistrict coastal management
                              program. Implementation shall be in accordance with the                                   Local
                              comprehensive use plan or the statement of needs, policies,                            implementation
                              objectives and standards adopted by the district.
                                  4 ch 84 SLA 1977)

                                  Sec. 46.4C.094. Consistency determinations for phased
                              uses and activities. (a) The provisions of this section apply to
                              a use or activity for which a consistency determination is
                              required if
                                       (1) at the time the proposed use or activity is initiated,
                              there is insufficient information :o evaluate and render a
                              consistency determination for the entirety of the proposed use
                              or activitv;
                                       (2) the proposed use or activity is capable of proceeding

                                                                        20

                               in discrete phases based upon developing information obtained
                               in the course of a phase; and
                                       (3)  each subsequent phase of the proposed use or
                               activity  is subject to discretion to implement alternative
                               decisions based upon the developing information.
                                  (b) When a use or activity is authorized or developed in
                               discrete phases and each phase will require decisions relating to
                               a permit, lease, or authorization for that particular phase, the
                               agency responsible for the consistency determination for the
                               particular phase
                                       (1) may, in its discretion, limit the consistency review
                               to that particular phase if, but only if,
                                          (A) the agency or another state agency must carry
                               out a subsequent consistency review and make a consistency
                               determination before a later phase may proceed; and
                                          (B) the agency responsible conditions its consistency
                               determination for that phase on a requirement that a use or
                               activity authorized in a subsequent phase be consistent with the
                               Alaska coastal management program; and
                                       (2) shall, when the consistency review is limited under
                               (1) of this subsection, conduct the consistency review for the
                               particular phase and make the consistency determination based
                               on         (A) applicable statutes and regulations;
                                          (B) the facts pertaining to a use or activity for which
                               the consistency determination is sought that are
                                              (1) known to the state agency responsible or made
                               a part of the record during the consistency review; and
                                              (11) material to the consistency determination; and
                                          (C) the reasonably foreseeable, significant effects of
                               the use or activity for which the consistency determination is
                               sought;
                                       (3) shall, when the consistency review is limited under
                               (1) of this subsection, describe in the consistency determination
                               the reasons for its decision to make the consistency
                               determination for the use or activity in phases.
                                  (c) In this section,
                                       (1)     .. agency   responsible    for   the    consistency
                               determination., means
                                       (A)   the office of management and budget, for a
                               consistency determination required to be made under AS
                               44.19.145(a)(11); and
                                       (B)  the commissioner of the resource agency that
                               coordinates a consistency review for a proposed use or activity,
                               or for a proposed phase of a use or activity, when required by
                               this chapter for which a permit, lease, or authorization is

                                                               21

                           required to be approved or issued only by that resource agency;
                                   (2) "resource agency" has the meaning given in
                           AS 44.19.152. (� 8 ch 38 SLA 1994)

                               Sec. 46.40.096. Consistency reviews and determinations.
                           (a) The council shall, by regulation, establish a consistency
                           review and determination process that conforms to the
                           requirements of this section.
                               (b)    If a  consistency review is not subject to AS
                           44.19.145 (a) (11) because the project for which a consistency
                           review is made requires a permit, lease, or authorization from
                           only one state   agency, that state agency shall coordinate the
                           consistency review of the pro,iect.      The state agency shall
                           coordinate the consistency         review according to the
                           requirements of the regulations adopted by the council under
                           this section.
                               (c) The regulations adopted by the council under this
                           section must   include provisions for public notice and provide          Public notice
                           the opportunity for public comment. The regulations adopted
                           under this subsection may make distinctions relating to notice
                           based upon differences in project type, anticipated effect of the
                           project on coastal resources and uses, other state or federal
                           -notice requirements, and time constraints. However, a notice
                           given under this subsection must contain sufficient information,
                           expressed in commonly understood terms, to inform the public
                           of the nature of the proposed project for which a consistency
                           determination is sought, and must explain how the public may
                           comment on the proposed project.
                               (d) In preparing a consistency review and determination for
                           a proposed pro'ect, the reviewing entity shall
                                   (1)   request consistency review comments for the
                           proposed proiect from state resource agencies, affected coastal
                           resource districts, and other interested parties as determined by
                           regulation adopted by the counc];
                                   (2)   prepare proposed consistency determinations;
                                   (3)    coordinate subsequent reviews of proposed
                           consistency    determinations prepared under (2) of this
                           subsection; a   subsequent review of a proposed consistency
                           determination   under this paragraph
                                      (A)   is limited to a review by the state resource
                           agencies; and
                                      (B)  may occur only if requested by
                                           0
                                           1  the pro'ect applicant;
                                            )         J
                                          (11) a state resource agency, or

                                              (
                                                11)
                                               i** an affected coastal resource district;
                                      (4) after providing an    opportunity to file a petition for
                              review under (e) of this section, render the final consistency
                              determination and certification.
                                  (e) Under regulations adopted by the council, the reviewing
                              entity shall provide opportunity to file a petition under AS
                              46.40.100(b)(1) seeking a review by the council of the proposed
                              consistency determination prepared under (d)(2) of this section.
                              The regulations must include provisions that establish a
                              reasonable limit on the time that may elapse between the
                              completion of the proposed consistency determination prepared
                              under (d)(2) of this section and a hearing to consider a petition
                              filed under this subsection. Not more than 30 days shall elapse
                              between the filing of the petition and the decision by the
                              council. Under this subsection,
                                      (1) the right to file a petition is limited to                         Right to
                                         (A) each of the following parties, but only if the                  petition
                              party had submitted comments during the period for receipt of
                              public comments established under (c) of this section:
                                              (i) an affected coastal resource district;
                                              ii) a state agency; or
                                              (iii) a citizen of an affected coastal resource
                              district; or
                                         (B) the pro)ect applicant; and
                                     (2) the reviewing entity
                                         (A)    may not accept a petition filed under this
                              subsection if a final consistency determination has been
                              rendered under (d)(4) of this section;
                                         (B) may accept a petition filed by a party identified
                              in (1)(A)(1), (1)(A)(11), or (1)(B) of this subsection only if a party
                              had requested a review of the proposed consistency
                              determination prepared under (d)(2) of this section;
                                         (C) may accept a petition filed by a party identified
                              in (1)(A)(111) of this subsection without regard to whether a
                              party had requested a review of the proposed consistency
                              determination prepared under (d)(2) of this section.
                                 (f) For a consistency review subject to AS 44.19.145(a)(11),
                              the council may, by regulation, limit consideration of a petition
                              under (e) of this section seeking review of a proposed
                              consistency determination to the extent necessary to meet the
                              deadlines set by federal law for timely submission of a federal
                              consistency determination as allowed@ by 16 U.S.C. 1456.
                                 (g) In this section,
                                     (1) "affected coastal resource district" means a coastal
                              resource district in which a project is proposed to be located or
                              which may experience a direct and significant impact from a

                                                                 23

                             proposed project;
                                     (2) "reviewing entity" means the
                                        (A) office, for a consistency review subject to AS
                             44.19.14 5 (a) (11);
                                        (B) state agency identified in (b) of this section, for
                             a consistency review not subject to AS 44.19.145(a)(11).
                                2 ch 34 SLA 1994)

                                Sec. 46.40.100.      Compliance and enforcement.              (a)
                             Municipalities and state agencies shall administer land and water
                             use regulations or controls in conformity with district coastal
                             management programs approved by the council and the
                             legislature and in effect.
                                (b) A party that is authorized under AS 46.40.096(e)(1) or (g)
                             of this section may file a petition showing that a district coastal        Petition process
                             management program is not being implemented, enforced, or
                             complied with. On receipt of a petition, the council,          after
                             giving public notice in the manner required by (f) of this
                             section, shall convene a hearing to consider the matter. A
                             hearing called under this subsection shall be held in accordance
                             with regulations adopted by the council. After hearing,
                                     (1) if the petition was filed under AS 46.40.096(e) and
                             the council finds that                                                     Council action
                                        (A) the office or the state agency responsible for               on petition
                             coordinating the consistency review has not fairly considered
                             the petitioner's comments in the development of a proposed
                             consistency determination, the council shall remand the
                             proposed consistency determination to the office or to the state
                             agency responsible for coordinating the consistency review, for
                             preparation of a revised proposed consistency determination
                             that gives fair consideration to the petitioner's comments;
                                        (B) a remand of the consistency determination is not
                             required under (A) of this paragraph, the council shall dismiss
                             the petition;
                                    (2) if the petition was not filed under AS 46.40.096(e),
                             the council may order that the coastal resource district or a
                             state agency take any action the council considers necessary to
                             implement, enforce, or comply with the district coastal
                             management program.
                                (c) Except when a petition has been filed under AS
                             46.40.096(e), in determining whether an approved district
                             coastal management program is being implemented, enforced,
                             or complied with by a coastal resource district that exercises
                             zoning authority or controls on the use of resources within the            Council review of
                             coastal area, the council shall find in favor of the district if            district actions

                                                               24

                                   (1) zoning or other regulations have been adopted and
                            are being enforced;
                                   (2) variances are being granted according to procedures
                            and criteria that are elements of the district coastal management
                            program, or the variance is otherwise approved by the council;
                            and
                                   (3) procedures and standards adopted by the coastal
                            resource district as required by this chapter or by the guidelines
                            and standards adopted by the council and subsequently
                            approved by the legislature have been followed and considered.
                               (d) Except when a petition has been filed under AS
                            46.40.096(e), in determining whether a state agency is                    Council review
                            complying with a district coastal management program with                 of State agency
                            respect to its exercise of regulation or control of the resources         actions
                            within the coastal area, the council shall find in favor of the
                            agency if
                                   (1) the use or activity for which the permit, license, or
                            approval is granted is consistent with the district coastal
                            management program and regulations adopted under it; and
                                   (2) the use or activity for which the permit, license, or
                            approval is granted is consistent with requirements imposed by
                            state statute, regulation, or local ordinance applicable to the use
                            or activity.
                               (e) The superior courts of the state have jurisdiction to
                            enforce lawful orders of the council.
                               (f) Upon receipt of a petition under (b) of this section, the
                            council shall give notice of the hearing convened to consider
                            the petition as follows:
                                   (1) notice of the hearing shall be given at least 10 days
                            before the scheduled date of the hearing
                                      (A) by publication in
                                          (1) a newspaper of statewide circulation; or
                                          (11) a newspaper of general circulation in the
                            vicinity of the district coastal management program that is the
                            subject of the petition; and
                                      (B) by at least one of the following methods:
                                          (1)   publication     through     public     service
                            announcements on the electronic media serving the area
                            affected by the district coastal management program;
                                          (11) posting in a conspicuous location in the
                            vicinity of the proposed project or action;
                                          (111) notifying parties known or likely to be
                            affected by the proposed project or action; or
                                          (Iv)  another method calculated to effectiveiv
                            notify affected interested parties.
                                  (2) a notice provided under (1) of this subsection must

                                                             25

                                  (A) contain sufficient information in commonly
                         understood terms to inform the public of the nature of the
                         petition; and
                                  (B) indicate the manner in which the public may
                         comment on the petition if the petition is filed under (b)(2) of
                         this section.
                            (g) The opportunity to petition under (b)(2) of this section
                         is limited to
                               (1) a coastal resource district;
                               (2) a citizen of the coastal resource district; or
                               (3) a state agency.
                           4 ch 84 SLA 1977; am �� 3, 4, 5, 6 ch 34 SLA 1994)

                         ATTY GENERAL OPINION:
                            For effective date of coastal management programs, see notes under this
                         heading following AS 46.40.080.
                         (Note: See Opinion dated March 2, 1993 regarding Coastal Policy Council
                         member's eligibility to hear petitions under AS 46.40.100.)

                         AMENDMENT NOTES: The 1994 amendments make a distinction
                         between a petition filed on a consistency determination under
                         AS 46.40.096(e) and a petition filed cn a general ACMP matter under
                         AS 46.40.100(b). The 1994 amendments also clarify that the CPC will hold
                         a hearing to consider a petition with public notice.

                                                      26

                                          Article 2. Coastal Management Programs
                                                      in the Unorganized Borough

                                   Section                                                           Section
                                   110. Authority in the unorganized borough                         160.  Organization at the direction of the
                                   120 .Coastal resource service areas                                    council
                                   130. Organization of coastal resource                             170. Preparation of district coastal manage-
                                       service areas                                                      ment program by the Dept. of Community
                                   140. Coastal resource service area boards                              and Regional Affairs
                                   150. Elections in coastal resource service                        180. Approval of programs in coastal resource
                                       areas                                                              service areas

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

                                   Collateral References - 78 Am. jur. 2d, Waters, � 59-116, 375-438 65 C.J.S.,
                                   Navigable Waters, S 10-18, 20-132; 93 C.J.S., Waters, � 71-85.

                                       Sec. 46.40.120. Coastal resource service areas. (a) Except
                                   as otherwise provided in this section, each regional educational
                                   attendance area established under AS 14.08.031 containing a
                                   part of the coastal area may be organized as a coastal resource

                                   service area.
                                       (b) The commissioner of the Department of Community
                                   and Regional Affairs may, after public hearings held in the
                                   area affected, consolidate two or more regional educational
                                   attendance areas as a single coastal resource service area                                         Consolidation
                                             (1) if a substantial portion of the coastal area contains                                of REAA's
                                   land and water area owned by the federal government over
                                   which it exercises exclusive Jurisdiction or land held in trust by
                                   the federal government for Alaska Natives over which the state
                                   would not exercise control as to use; or
                                            (2) if, after giving due consideration to the standards
                                   applicable to incorporation of borough governments and the
                                   likelihood that a borough will be incorporated within the area,
                                   the commissioner determines that the functions to be
                                   performed under this chapter could be undertaken more
                                   efficiently through the combination of two or more regional
                                   educational attendance areas as a single coastal resource service
                                   area.
                                       (c) A determination under (b) of this section shall be made

                                                                                27

                            before organization of the coastal resource service area.
                               (d) For purposes of coastal zone management only, the
                            commissioner of the Department of Community and Regional
                            Affairs may, after public hearings held in the regional
                            educational attendance area affected, divide an existing regional         Division of R.EAA's
                            educational attendance area into no more than three coastal
                            resource service areas according to geographic, cultural,
                            economic, environmental, or other features relevant to coastal
                            management planning.
                            However
                                   (1) each coastal resource service area formed by dividing
                            an existing regional educational attendance area must contain at
                            least one first class city or home rule city;
                                   (2) a city within a coastal resource service area formed
                            by dividing an existing regional educational attendance area
                            may not elect to exclude itself from the coastal resource service
                            area; and
                                   (3) a coastal resource service area formed before June 1,
                            1980, may not be divided for coastal management planning
                            purposes. (� 4 ch 84 SLA 1977; am � 2 ch 129 SLA 1978; am
                            1, 2 ch 48 SLA 1980)

                               Sec. 46.40.130. Organization of coastal resource service
                            area. (a) Organization of a coastal resource service area may be
                            initiated
                                   (1) by submission to the council of a petition signed
                            by a number of registered voters equal to 15 percent of the
                            number of votes cast v6thin the coastal resource service area at
                            the last state general election;
                                   (2) by submission to the council of a resolution
                            approved by the city council or traditional village council of
                            not less than 2-5 percent of the number of cities and villages
                            ,vithin the coastal sen'ice area; or
                                   (3) at the direction of a majority of the members of the
                            council in the manner set out in AS 46.41C.16C.
                               (b) Acting at the request of the council, the lieutenant
                            governor, not less than 6-. nor more than 90 davs after receipt
                            of a proper petition under (a)(1) of this section, a proper
                            resolution under (a)(2) of this section, or at the direction of the
                            council under (a)(3) of this section, shall conduct an election on
                            the question of organization of a coastal resource service area.
                              4 ch 84 SLA 1977)

                                                               28

                                 Sec. 46.40.140. Coastal resource service area boards. (a)
                             Each coastal resource service area, upon organization, shall have
                             an elected board representing the population of the service area.
                             The board shall have the powers and duties and perform the
                             functions prescribed for or required of coastal resource districts.
                                 (b) A coastal resource service area board shall contain seven
                             members. Board members shall be elected at large by the
                             qualified voters of the coastal resource service area.
                                 (c) The commissioner of the Department of Community and
                             Regional Affairs, after consultation with residents of a coastal           Sectional
                             resource service area, may divide a service area into sections               CRSA
                             only for the purpose of nominating and electing board                      elections
                             members. Division of a service area into sections for the
                             purpose of nomination and election shall be in accordance with
                             the provisions of AS 14.08.051 (a). Division may be proposed in
                             the petition submitted under AS 46.40.130(a)(1), in the
                             resolution submitted under AS 46.40.130(a)(2), at the direction
                             of the council under AS 46.40.130(a)(3), or may be proposed at
                             any time by the members of the coastal resource service
                             area board. If proposed by the board, the division of the
                             service area into sections is subject to approval of a majority of
                             the qualified voters voting on the question in the coastal
                             resource service area at the next regular election or at a special
                             election called for that purpose and, if approved, takes effect at
                             the next regular election of members of the coastal resource
                             service area board.
                                (d) The term of office of a member of a coastal resource                Term of
                             service area board is three years, except that the terms of the            office
                             members of the first board elected after organization of a
                             coastal resource service area shall be determined by lot, with
                             two members serving one-year terms, two members
                             serving two-year terms, and three members serving three-year
                             terms. Members serve until their successors are elected and have
                             qualified. This section does not prohibit the reelection of a
                             board member.
                                (e) The lieutenant governor shall provide for the election of
                             the members of coastal resource service area boards. The first                Board
                             election of board members shall occur at the same time as the                Election
                             organization election under AS 46-40.130(b).
                                (f) Except for the first election of members of coastal
                             resource service area boards, elections shall be held annually on
                             the date of election of members of regional educational
                             attendance area boards under AS 14.08.071(b). For an election
                             under this subsection or under (e) of this section, a newly
                             elect ed board member takes office at the first coastal resource
                             service area board meeting after certification of the election. If

                                                                29

                               no candidate files for election to a seat on the coastal resource
                               service area board, the seat is considered vacant at the time a
                               newly elected member would have taken office.
                                   (g) A seat on a coastal resource service area board shall be                  Vacancy
                               declared vacant by the board if the criteria under AS
                               14.08.045(a) apply to the person elected. A vacancy on a coastal
                               resource service area board shall be filled by appointment as
                               provided in AS 14.12.070 for vacancies in the membership of
                               regional educational attendance area boards.
                                   (h) Members of coastal resource service area boards are                     Board member
                               subject to recall on the same grounds and in the same manner                      Recall
                                       ided for recall of municipal officials in AS 29.26.240 -
                               as provi                          1
                               29.26.350. The lieutenant governor functions in place of the
                               assembly or council and municipal clerk for receipt and review
                               of recall petitions and the conduct of recall elections. (� 4 ch 84
                               SLA 1977; am � 85 ch 74 SLA 1985; am � 5 - 7 ch 129 SLA
                               1990)

                               AMENDMENT NOTES:
                                   The 1990 amendment rewrote the second sentence in subsection (e);
                               added the second and third sentences in subsection (f); and added the first
                               sentence and made an internal reference change in the second sentence in
                               subsection (g).

                                   Sec. 46.40.150. Elections in coastal resource service areas.
                               Organization elections under AS 46.40.130 and other elections,
                               including recall elections conduzted under AS 46.40.140, shall
                               be administered by the lieutenant governor in the general
                               manner provided in AS 15 (Election Code). In addition, the
                               lieutenant governor may adopt regulations necessary to the
                               conduct of coastal resource service area board elections. The
                               state shall pay all election costs. (� 4 ch 84 SLA 1977)

                                   Sec. 46.40.160.      Organization at the direction of the
                               council.     (a) Whenever it appears that major economic
                               development activity will occu,- in a coastal resource service
                               area or in water adjacent to a coastal resource service area
                               which has not been organized, the council may direct the                        Council direction
                               lieutenant governor to submit to the voters of the service area                 to seek
                               the question of organization. The council may require an                        CRSA organization
                               election on the question only after holding at least one public
                               hearing within the area proposed for organization.
                                   (b) In this section, "major economic development activity"
                               includes a call for nomination by the Secretary of the United

                                                                    30

                            States Department of the Interior for leasing of tracts within
                            petroleum basins in water of the outer continental shelf
                            adjacent to the coastal resource service area or any other
                            significant industrial or commercial activity which, in the
                            opinion of the council, would commit the resources of the
                            coastal area to a use of direct and significant impact upon the
                            coastal water of the state. (� 4 ch 84 SLA 1977)

                               Sec.   46.40.170.       Preparation     of district      coastal
                            management program by the Department of Community
                            and Regional Affairs. (a) If residents of a coastal resource
                            service area reject organization of the service area at an election
                            called for the purpose and the council finds, after public
                            hearing, that major economic development activity has occurred
                            or will occur within the service area, the council may direct the
                            Department of Community and Regional Affairs to prepare and
                            recommend for consideration by the council and for submission
                            to the legislature a district coastal management program for the
                            service area.
                               (b) At the request of the council, the Department of
                            Community and Regional Affairs shall complete the district
                            coastal management program in accordance with this chapter
                            and the guidelines and standards adopted by the council for a
                            coastal resource service area which has been organized but
                            which has failed to make substantial progress in the preparation
                            of an approvable district coastal management program within
                            18 months of certification of the results of an organization
                            election orwhich has not submitted for approval to the council
                            a program within 30 months of certification of the results of its
                                 I   I         I      Preparation of the program shall be
                            organ zat on election.             I
                            conducted in consultation with the coastal resource service area
                            and shall, to the maximum extent consistent with this chapter,
                            reflect the expressed concerns of the residents of the service
                            area.
                               (c) Before requesting the department to complete the district
                            coastal management program under (b) of this section, the
                            council shall meet with the members of the coastal resource
                            service area board to determine whether the board is able to
                            complete a district coastal management program within the
                            time limitations established in this section. (� 4 ch 84 SLA
                            1977)

                                                               31

                                Sec. 46.40.180. Approval of programs in coastal resource
                            service areas. (a) Before adoption by a coastal resource service
                                                                  1                                   City/Village
                            area board, or by the Department of Community and Regional                Review/Action
                            Affairs under AS 46.40.170, a district coastal management
                            program shall be submitted for review to each city or village
                            within the coastal resource service area. The council of a city
                            or traditional village council shall consider the program
                            submitted for review. Within 60 days of submission, the
                            council of a city or traditional village council shall either
                            approve the program or enter objections to all or any portion
                            of the program.
                                (b) If a city or village within a coastal resource service area
                            falls to approve a portion of the district coastal management
                            program prepared and submitted for approval under (a) of this
                            section, the governing body shall advise the coastal resource
                            service area board or the department, as applicable, Of its
                            objections to the proposed program and suggest alternative
                            elements or components for inclusion in the district coastal
                            management program. New matter submitted by a city or
                            village which is substantially consistent with the guidelines and
                            standards adopted by the council shall be accepted and the
                            district coastal management program modified accordingly. If
                            a
                                I               fails to prov de objections and suggested
                              c tv or vi          1           1.
                            alternatives within the time limIts established in this section,
                            the coastal resource service area board or the department, as
                            applicable, may adopt the district coastal management program
                            as initially offered.
                                (c) Objection by a city council under (b) of this section is
                            limited to objection to elements of the program affecting
                            resources or the use of resources Y@-Ithin the corporate limits of
                            the citv. Objection bv a traditional village council under (b) of
                            this section is limited to objection to elements of the program
                            affecting resources or the use of resources within the village or
                            Within two miles of the village.
                                (d) For purposes of this seCtion, "village" means an
                            unincorporated community @vhe-e at least 25 persons reside as
                            a social unit as determined bNf the Department of Communitv
                            and Regional Affairs. (� 4 cl@ 84 SLA 1977)

                                                             32

                                         Article 3. General Provisions

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

                           Sec. 46.40.190. Cooperative administration. (a) A city
                         within the coastal area which is not part of a coastal resource City inclusion
                         service area shall be included for purposes of this chapter      in CRSA
                         within an adjacent coastal resource service area unless its
                         governing body, by resolution adopted by a majority of its
                         membership, chooses to exclude the city from an adjacent
                         coastal resource service area and a copy of the resolution is filed
                         with the commissioner of community and regional affairs.
                           (b) This chapter does not restrict or prohibit cooperative or
                         joint administration of functions between a municipality and
                         a coastal resource service area organized under the provisions
                         of this chapter upon initiation of a mutual agreement for the
                         purpose. A city which elects to be excluded from an adjacent
                         coastal resource service area under (a) of this section shall enter
                         into a mutual agreement for cooperative orJoint administration                   40
                         of functions with the coastal resource service area board from
                         the adjacent coastal resource service area. (S 4 ch 84 SLA 1977;
                         am � 3 ch 48 SLA 1980)

                         Collateral References - 78 Am. Jur. 2d, Waters, � 59-116, 375-438 65 C.J.S.,
                         Navigable Waters, 5 10-18, 20-132; 93 C.J.S., Waters, � 71-85.

                           Sec. 46.40.200. State agencies. Upon the adoption of the
                         Alaska coastal management program, state departments, boards
                         and commissions shall re-lew their statutorv authorit
                                                                                Y1
                         administrative regulations, and applicable procedures pertaining State agency
                         to land and water uses within the coastal area for the purpose  compliance
                         of determining whether there are any deficiencies or
                         inconsistencies which prohibit compliance with the program
                         adopted. State agencies shall, within six months of the effective
                         date of the Alaska coastal management program, take whatever
                         action is necessary to facilitate full compliance with and
                         implementation d the program, including preparation and
                         submission of recommendations to the council for additional or
                         amended legislation. (� 4 ch 84 SLA 1977)

                                                    33

                                 Sec. 46.40.210. Definitions. In this chapter, unless the
                             context otherwise requires,
                                 (1) "area which merits special attention" means a delineated
                             geographic area within the coastal area which is sensitive to
                             change or alteration and which, because of plans or
                             commitments or because a claim on the resources within the
                             area delineated would preclude subsequent use of the resources
                             to a conflicting or incompatible use, warrants special
                             management attention, or which, because of its value to the
                             general public, should be identified for current or future
                             planning, protection, or acquisition; these areas, subject to
                             council definition of criteria for their identification, include:
                                     (A) areas of unique, scarce, fragile or vulnerable natural
                             habitat, cultural value, historical significance, or scenic
                             importance;
                                     (B) areas of high natural productivity or essential habitat
                             for living resources;
                                     (C)   areas   of substantial      recreational   value     or
                             opportunity;
                                     P) areas where development of facilities is dependent
                             upon the utilization of, or access to, coastal water;
                                     (E) areas of unique geologic or topographic significance
                             which are susceptible to industrial or commercial development;
                                     (F) areas of significant hazard due to storms, slides,
                             floods, erosion or settlement; and
                                     (G) areas needed to protect, maintain, or replenish
                             coastal land or resources, including coastal flood plains, aquifer
                             recharge areas, beaches and offshore sand deposits;
                                 (2) "coastal resource district" means each of the following
                             which contains a portion of the coastal area of the state:
                                     (A) unified municipalities;
                                     (B) organized boroughs of any class which exercise
                             planning and zoning authority;
                                     (C) home rule and first :lass cities of the unorganized
                             borough or within boroughs which do not exercise planning
                             and zoning authoritN I
                                     (D) second ciass cities of the unorganized borough, or
                             within boroughs which do not exercise planning and zoning
                             authorltv, which have established a planning commission, and
                             which, in the opinion of the commissioner of community and
                             regional affairs, have the capability of preparing and
                             implementing a comprehensive district coastal management
                             program under AS 46.40.030;
                                     (E) coastal resource service areas established and
                             organized under AS 29.03.021C and AS 46.40.110 - 46.40.180;
                                 (3) "council" means the Alaska Coastal Policv Council;

                                                                   34

                                (4) "department" means the Department of Community and
                             Regional Affairs
                                (5) "use of direct and significant impact" means a use, or
                             an activity associated with the use, which proximately
                             contributes to a material change or alteration in the natural or
                             social characteristics of a part of the state's coastal area and in
                             which
                                    (A) the use, or activity associated with it, would
                             have a net adverse effect on the quality of the resources of the
                             coastal area;
                                    (B) the use, or activity associated with it, would limit
                             the range of alternative uses of the resources of the coastal area;
                             or
                                    (C) the use would, of itself, constitute a tolerable change
                             or alteration of the resources within the coastal area but which,
                             cumulatively, would have an adverse effect;
                                (6) "uses of state concern" means those land and water uses
                             which would significantly affect the long-term public interest;
                             these uses, subject to council definition of their extent, include:
                                    (A) uses of national interest, including the use of
                             resources for the siting of ports and major facilities which
                             contribute to meeting national energy needs, construction and
                             maintenance of navigational facilities and systems, resource
                             development of federal land, and national defense and related
                             security facilities that are dependent upon coastal locations",
                                    (B) uses of more than local concern, including those land
                             and water uses which confer significant environmental, social,
                             cultural, or economic benefits or burdens beyond a single
                             coastal resource district;
                                    (C) the siting of major energy facilities, activities
                             pursuant to a state oil and gas lease, or large-scale industrial or
                             commercial development activities which are dependent on a
                             coastal location and which, because of their magnitude or the
                             magnitude of their effect on the economy of the state or the
                             surrounding area, are reasonably likely to present issues of
                             more than local significance;
                                    (D)   facilities  serving statewide      or    interregional
                             transportation and communication needs; and
                                    (E) uses in areas established as state parks or recreational
                             areas under AS 41.21 or as state game refuges, game sanctuaries
                             or critical habitat areas under AS 16.2C.
                               (7)    "consistency review" means the evaluation of a
                             proposed project against the standards adopted by the council
                             under AS 46.40.040 and a district coastal management program
                             approved by the council under AS 46.40.060;
                               (8) "office" means the office of management and budget

                                                                35

                          established in the Office of the Governor.
                          (� 4 ch 84 SLA 1977; am � 3 ch 129 SLA 1978; am � 86 ch 74
                          SLA 1985; am � 7 ch 34 SLA 1994)

                          AMENDMENT NOTES: The 1994 amendment added (7) and (8).

                                                          36

    -N
    3w

                            @*x

                            R

                                                                    TITLE 6. GOVERNOR'S OFFICE
                                                   DIVISION OF GOVERNMENTAL COORDINATION

                                                       CHAPTER 50. PROJECT CONSISTENCY WITH
                                                 THE ALASKA COASTAL MANAGEMENT PROGRAM

                                   Section                                                         Section
                                   10. Purpose of regulations                                      80.  Confidential information and fees
                                   20. Federal consistency determinations                          90.  Emergency expedited review
                                   30. State permit consistency determination                      100. Public Participation
                                   40, Preapplication assistance                                   110. Review period deadlines and extensions
                                   50, Expedited review by categorical approval                    120. Conclusive consistency determinations
                                   60. Scope of project to be reviewed                             130. Issuance of project permits
                                   70, Consistency review process                                  190. Definitions

                                       6 AAC 50.010. PURPOSE OF REGULATIONS. The
                                   regulations in this chapter are intended to implement, interpret,
                                   and make specific
                                      (1) the responsibility of the office of management and budget
                                   (OMB) to implement the Alaska Coastal Management Program
                                   (ACMP) by rendering on behalf of the state
                                       (A) all responses concurring in or objecting to a federal
                                   consistency certification or determination which is required or
                                   authorized bv sec. 3^17 of the Coastal Zone Management Act of
                                   1972, as amended, 16 U.S.C. \p1456, (CZMA), and
                                       (B) all conclusive consistencv determinations for any project
                                   requiring two or more state agency or federal permits as required
                                   by AS 44.19.145(a)(11); and
                                      (2) the responsibility of resource agencies to implem ent the
                                   ACMP bv makim, conclusive zonsistencv determinations for
                                   proJects requiring the permit of a single                  state agency and no
                                   federal permit, and to expedite their permit               review procedures, to
                                   the extent permitted by la,,N-, by coordinating their own
                                   procedures with the consistency revievk- of a project.
                                   (Eff. 3/11/84, Register 89)

                                   Authoritv:    AS 44.19.145(a)
                                                 AS 46.40.100(a)
                                                 Art. III, sec. 1, Ak. Const.
                                                 Art. 111, sec. 16, A1. Const.
                                                 Art. III, sec. 21, Ak. Const.

                                                                                  37

                                6 AAC 50.020.                FEDERAL CONSISTENCY
                             DETERMINATIONS.                The division of governmental
                             coordination PGQ of the office of management and budget will
                             coordinate a consistency review and render a response concurring
                             in or objecting to a federal consistency certification or
                             determination which is required or authorized by sec. 307 of the
                             CZMA. DGC will coordinate the review in the manner
                             provided in this chapter and will render a response in the time
                             and manner prescribed in the CZMA or in the regulations
                             implementing that Act.
                             (Eff. 3/11/84, Register 89)

                             Authority: AS 44.19.145(a)

                                6 AAC 50.030.          STATE PERMIT CONSISTENCY
                             DETERMINATIONS. (a) DGC will coordinate the review and                          DGC
                             render a determination for a project which requires the permits             coordination
                             of two or more state agencies or a federal permit, in the manner
                             provided in this chapter.
                               (b) A resource agency shall coordinate the consistency review
                             and render a conclusive consistency determination for a project
                             which requires only the permits of a single state agency and no             Single agency
                             federal permit. The agency shall coordinate the review and render              review
                             its determination in the manner provided in this chapter.
                               (c) DGC will participate in a single-agency consistency review
                             in the same manner as the other resource agencies participate.
                             DGC will also, on request of the coordinating agency, act as a
                             facilitator to attempt to resolve any disputed issues. If the project
                             includes a disposal of interest in state land, DGC will either
                             concur in the determination or require modifications necessary
                             for its concurrence.
                               (d) DGC will, in its discretion, at any time, with reasonable
                             notice, review the consistency review procedures, files, or
                             decisions of a coordinating agency,
                             (Eff. 3/11/84, Register 89; em am 5/1/90 - 8/9/90, Register 114)

                             Authority: AS 44.19.145(a)
                                       AS 46.40.100(a)
                                       Art. III, sec. 1, Ak-. Const.
                                       Art. 111, sec. 16, Ak-. Const.
                                       Art. 111, sec. 24, Ak-. Const.

                                                               38

                                   6 AAC 50.040. PREAPPLICATION ASSISTANCE. DGC
                                 III, on request, assist a potential applicant for a state permit for
                               w                                 I
                               a project by providing and explaining the coastal project
                               questionnaire and the consistency review process as described in
                               6 AAC 50.070, identifying persons to contact in other state or
                               federal agencies, determining the scope of activities which
                               comprise the project, and providing any other assistance or
                               information at its disposal to facilitate review and approval of the
                               applicant's proposed project. A resource agency shall, on request,
                               provide similar assistance and shall also provide application forms
                               for its own permits. DGC and all resource agencies will attempt
                               to regularly inform each coastal resource district of proposed
                               projects which may have significant and direct impacts on that
                               district. (Eff. 3/11/84, Register 89)

                               Authority: AS 44.19.145(a)
                                          AS 46.40.100(a)
                                          Art. III, sec. 1, Ak. Const.
                                          Art. III, sec. 16, Ak. Const.
                                          Art. 111, sec. 24, Ak. Const.

                                   6 AAC 50.050.                EXPEDITED REVIEW BY
                               CATEGORICAL APPROVAL AND GENERAL
                               CONCURRENCE DETERMINATIONS. (a) The consistency
                               review of a project will be expedited as provided in (b) or (c) of
                               this section if the project meets the requirements of one of those
                               subsections.
                                  (b) A project which requires one or more state or federal
                               permits, each  of which appears on the list published under (e) of
                               this section    listing permits which have been categorically
                               approved by DGC as being consistent with the ACMP, is
                               considered to have been conclusively determined by DGC to be
                               consistent with the ACMP. A permit will be categorically                      Categorical
                               approved if DGC determines that the activity authorized by the                  approval
                               permit will have no significant impact in the coastal zone.
                                  (c) A project which requires one or more state or federal
                               permits not categorically, approved as provided in (b) of this
                               section will be considered consistent without further review, if it
                               meets the requirements of a general concurrence determination
                               contained on the I1�t published under (e) of this section. A                    General
                                general    concurrence      determination"     is   a     consistency        concurrence
                               determination for a type of project which includes only routine
                               activities, and which can be effectivelv made consistent with the
                               ACMP by imposing standard stipulations on the applicable
                               permit. If a subsequent project of any applicant fits the

                                                                    39

                          description in a general concurrence determination, the project
                          will be considered consistent with the ACMT if it complies with
                          the stated standard stipulations.                                            Individual
                            (d) A project which requires one or more state or federal                  project
                          permits, and which is not within the categories described in (b)             review
                          or (c) of this section, is subject to review as an individual project
                          as provided in this chapter.
                            (e) DGC will publish a list of permits which have been
                          categorically approved as being consistent with the ACMP, and
                          a list of general concurrence determinations, and will identify on            List of
                          each list those permits or projects for which a coastal project               permits
                          questionnaire is not necessary. DGC will amend these lists as
                          necessary on its own initiative, or on the request of a coastal
                          resource district or a resource agency based on new information
                          regarding the impacts of these activities, including cumulative
                          impacts. Before publishing or amending these lists, DGC will
                          distribute the proposed lists or amendments for comment in the
                                                 6 AAC 50.070 for a pro*ect consistency
                          manner provi       I
                          review. (Eff. 3/11/84, Register 89)

                          Authority: AS 44.19.145(a)
                                    Art. 111, sec. 1, Ak. Const.
                                    Art. III, sec. 16, Ak. Const.
                                    Art. III, sec. 24, Ak. Const.

                            6 AAC 50.060.            SCOPE OF PROJECT TO BE
                          REVIEWED. The scope of activities which are to be reviewed
                          for consistency with the ACMP as part of a project will be
                          determined based on statements of the applicant, the information
                          provided in the coastal pro)ect questionnaire, and any additional
                          information -which DGC or a resource agency finds necessary to
                          request. If there is disagreement among the agencies, DGC will
                          make the final decision. If DGC determines that a project under
                          review by a resource agency is one requiring a federal permit, or
                          the permits of two or more state agencies, DGC will immediately
                          notify the applicant and the resource agency that the consistency
                          review will be coordinated by DGC, and will commence as
                          provided in 6 AAC 50.070 when DGC has received completed
                          applications for all necessary permits and a completed
                          coastal-project questionnaire. (E ff. 3/11/84, Register 89; em am
                          5/1/90 - 8/9/90, Register 114)

                          Authority: AS 44.19.145(a)
                                    Art. III, sec 1, AL Const.
                                    Art. 111, sec. 16, Ak-. Const.
                                    Art.111, sec. 24, Ak Const.                                                          is

                                                                40

                                 6 AAC 50.070. CONSISTENCY REVIEW PROCESS. (a)
                              Except as provided in 6 AAC 50.050(e) or in (b) of this section,
                              DGC on request, or a resource agency which receives an
                              application for a permit for a coastal project, shall give the                   Project
                              applicant a project questionnaire provided by DGC. Based on the               questionnaire
                              information provided by the applicant in response to the
                              questionnaire, the agency shall identify all state resource agencies
                              which the applicant must contact regarding the project before
                              submitting an application for a permit.
                                 (b) A project questionnaire is not required for placer mining                 Placer
                              activity which is authorized by an annual application known as                   mining
                              the "tri-agency placer mining application." These applications
                              must be submitted to the Department of Natural Resources
                              (DNR). DNR will distribute these applications to initiate the
                              consistency review of the projects as provided in this chapter.
                                 (c) For a project requiring a federal permit or the permits of
                              two or more state agencies, the applicant shall submit a packet
                              including all necessary state permit applications, copies of all               Completed
                              necessary    federal   permit    applications,   and the        project         packets
                              questionnaire to DGC, except that confidential information or
                              fees must be handled as provided in 6 AAC 50.080. The
                              coordinating agency may require the applicant to provide
                              additional copies of maps or other documents which may not be
                              conveniently duplicated.
                                 (d) For a project requiring only the permits of a single state
                              agency, the applicant shall submit a packet including all necessary
                              applications and the project questionnaire to the agency.
                                 (e) Immediately upon receipt, or within 7 days if the packet
                              includes an oil discharge prevention and contingency plan
                              submitted under 18 AAC 75, the coordinating agency shall
                              review the packet and shall inform the applicant if it appears to
                              be sufficient for public review. If the packet appears to be
                              sufficient for public review, anJ the project does not include a
                              disposal of interest in state land, the coordinating agency shall
                              immediately assign a project number, and note the date as Day 1
                              of the consistency review process. If public notice is required, the
                              coordinating agency will assign Day 1 as that day on which all                   Dav 1
                              required notices have been published.         For a project which
                              includes a disposal of interest in state land, the consistency review
                              will begin at a date which DGC and DNR agree will most
                              effectively allow for both the consistency review and DNR's own
                              statutory responsibilities. Acceptance of the packet does not
                              preclude an agency from requesting additional information or
                              applications from the applicant as necessary for its consistency                   Copies
                              review or its own statutory responsibilities. On or before Day 2,                distributed
                              the coordinating agency will distribute copies of the packet to all

                                                                 41

                           review participants, and other interested parties. For a 30-day
                           review, the distribution may be limited in the discretion of the
                           coordinating agency but must, if requested in writing, include any
                           affected coastal district with an approved program. Along with
                           the packet, the coordinating agency will distribute a review                    Review
                           schedule establishing a comment deadline at Day 34, or at Day 17               schedule
                           in a 30-day review period, or later if the review period is
                           extended as provided in 6 AAC 50.110. The review schedule
                           under this section will also state the applicable time limit, if any,
                           imposed by the federal law or regulation.
                              (f) If the coordinating agency determines that the public notice,           Public
                           if any, provided by the resource agencies as part of their review              notice
                           of a permit Is not adequate to inform the public about the project
                           and the consistency review process, the coordinating agency shall,
                           as soon as possible, publish a public notice in a newspaper or on
                           radio or television in the affected areas, describing the project and
                           the consistency review process. In evaluating the need for public
                           notice of a project, the coordinating agency shall consider the
                           magnitude of likely impacts, including cumulative impacts on the
                           affected area, but may not unreasonably require public notice for
                           a project for which notice is not statutorily required. DGC will
                           encourage the Joint public notice of project reviews when a
                           permit from more than one agency       is required.
                              (g) The coordinating agency, on     its own initiative or at the
                           request of a review participant, may request from the applicant
                           on or before Day 25, or Day 15 of a 30-day review period,                     Request for
                           additional information relevant to the propose4pro)ect, which is              additional
                           necessary for its consistency review or its own statutory                     information
                           responsibilities.
                              (h) Comments must be received by the coordinating agency on                 Comments
                           or before the comment deadline established by the coordinating
                           agency. Each commenter shall also send copies of its comments
                           to the resource agencies. Verbal comments must be confirmed by
                           written comments postmarked within five working days after the
                           verbal comments. If the commenter recommends stipulations on                  Stipulations
                           the consistency determination, a brief written justification must
                           be provided by the commenter for each stipulation. Upon                       justification
                           request, the coordinating agency shall send copies of comments
                           to other interested parties.
                              (1) The coordinating agency shall encourage and facilitate
                           consideration of comments received and discussion among the
                           review participants. The coordinating agency shall determine
                           whether there is a consensus among the resource agencies
                           regarding a proposed consistency determination. The coordinating              Proposed
                           agency shall notify the review participants, the applicant, and              determination
                           other commenting parties, on or before Day 44, or Day 24 in a

                                                            42

                          30-day review period, of the proposed determination or the issues
                          to be resolved.
                                If a resource agency, an affected coastal resource district
                          with an approved program, or the applicant does not concur with
                          the proposed consistency determination, it may request elevation              Request for
                          of the review by submitting a written statement which describes                elevation
                          its concerns and includes a proposed alternative consistency
                          determination which would meet its concerns. That party shall
                          distribute this statement so that all review participants, the
                          applicant, other commenting parties, and DGC will receive a
                          copy on or before Day 49, or Day 29 in a 30-day review period,
                          or within five days after receiving notice of the proposed
                          determination, whichever is later. This requirement may be
                          satisfied by transmitting the substance of the statement to the
                          coordinating agency by telephone or other telecommunication
                          device and sending written confirmation to all parties by mail or
                          courier on or before the deadline under this subsection.
                             (k) The coordinating agency shall issue a conclusive consistency
                          determination on or before Day 5C, or Day 30 in a 30-day review
                          period, if it has not received a request to elevate the review. If the
                          coordinating agency receives a request, the agency shall elevate
                          the review as necessary to the division directors, and then
                          commissioners of the resource agencies, and may extend the
                          decision deadline in accordance with 6 AAC 5C.11C(b)(7). If the
                          review is elevated, the coordinating agency, or DGC on request,
                          shall arrange meetings and shall mediate among the resource
                          agencies, the affected coastal resource districts with approved
                          programs, and the applicant, for the purpose of attempting to
                          resolve any disputed issues and to formulate a               mutually
                          acceptable consistency determination. If no consensus is reached,
                          the coordinating agency shall render a determination consistent
                          with any policy direction given by the commissioners or the
                          governor. (Eff. 3/11/84, Register 89; em am 5/1/90 - 8/29/90,
                          Register 114; am 5/20/93, Register 126)

                          Authoritv:      AS 44.19.161
                                          AS 46.40.01C
                                          AS 46.40.04C

                             6 AAC 50.080. CONFIDENTIAL INFORMATION AND
                          FEES. An application for a state permit requiring information
                          which must by law be held in confidence, and any fee associated
                          with a state permit, must be submitted by the applicant directly
                          to the agency with responsibility for issuing the permit. The
                          agency shall delete the confidential information from any copy of

                                                            43

                              the application which is distributed for a consistency review
                              under this chapter. (Eff. 3/11/84, Register 89)

                              Authority: AS 44.19.145(a)
                                         Art. III, sec. 1, Ak. Const.
                                         Art. 111, sec. 16, Ak. Const.
                                         Art. III, sec. 24, Ak. Const.

                                  6 AAC 50.090. EMERGENCY EXPEDITED REVIEW. If,
                              due to an emergency as described in AS 26.23 or AS 46.04.080 or
                              other applicable law, an applicant needs an expedited agency
                              permit or consistency review, or if the head of the coordinating
                              agency finds that an expedited review is necessary for the
                              preservation of the public peace, health, safety, or general welfare,
                              the head of the coordinating agency may modify the review
                              process established in this chapter as necessary to meet the
                              emergency. Any modifications in the review process made under
                              this section must be made in writing by the head of the
                              coordinating agency, based upon clear and convincing evidence
                              of a need for the modification. (Eff. 3/11/84, Register 89)

                              Authority: AS 44.19.145(a)
                                         Art. III, sec. 1, Ak-. Const.
                                         Art. III, sec. 16, Ak-. Const.
                                         Art. III, sec. 24, Ak. Const.

                                 6 AAC 50.100. PUBLIC PARTICIPATION. (a) Any
                              person may comment on a proposed project by submitting
                              written comments to the coordinating agency on or before the
                              comment deadline. The coordinating agency shall provide a copy
                              of the project packet to any person on request.
                                 (b) If the coordinating agency receives a request for public
                              hearing regarding a project by Day 34, or Dav 17 of a 30-day
                                                       j                                                  Public
                              review period, and finds that the request is based on concerns not          hearin-
                              already adequately addressed in the review, the coordinating
                              agency Shall schedule and hold a hearing in the area affected by
                              the project.
                                 (c) Within seven days after receiving a request under (b) of this
                              section, the coordinating agency shall decide whether or not to
                              hold a public hearing.
                                 (d) At least 15 but no more than 30 days before the date of a
                              public hearing, the coordinating agency shall give notice of the
                              time and place of the hearing.
                                 (1) by publication in a newspaper which is circulated in the
                              area to be affected by the project;

                                                                44

                                 (2) by written notice to the governing body          of an affected
                             coastal resource district; and
                                 (3) if the project is to be located in the unorganized borough,
                             by radio or television announcements.
                                 (e) If new information or issues are presented at a public
                             hearing that have not been considered or resolved by project
                             reviewers, the coordinating agency shall summarize those
                             portions of the hearing testimony and distribute the summary to
                             other resource agencies, affected coastal resource districts, and the
                             applicant,     within     five    days    following      the     hearing.
                             Recommendations for a proposed determination based on the
                             summary may be submitted to the coordinating agency in writing
                             within seven days after receipt of the summary.
                             (Eff. 3/11/84, Register 89)

                             Authority: AS 44.19.145(a)
                                         Art. III, sec. 1, Ak. Const.
                                         Art. 111, sec. 16, Ak. Const.
                                         Art. III, sec. 24, Ak. Const.

                                 6 AAC 50.110. REVIEW PERIOD DEADLINES AND
                             EXTENSIONS. (a) The coordinating agency shall complete a
                             review by either Day 30 or Day 50 unless it extends the
                             applicable decision deadline as provided in (b) or (c) of this                     30-50 day
                             section. Each resource agency shall, after consultation with DGC,                   review
                             establish standards for determining whether a 30-day or 50-day
                             decision deadline will apply. DGC will complete a review by Day
                             30 only if all required permits must by statute or regulation be
                             issued within 30 days.
                                 (b) An associate director within OMB or a division director
                             within the coordinating agency may grant an extension of a
                             consistency review as long as the consistency determination is                    Extension of
                             made within any time limit imposed by federal law or regulation.                    review
                             An extension and the reasons for @.t must be stated in writing and,
                             except for an extension granted under (1) of this subsection, must
                             be based on clear and convincing evidence of the need for the
                             extension. The coordinating agency will notify the                 review
                             participants and the applicant of the terms of an extension, The
                             limits on extensions are
                                 (1) for a project located in the unorganized borough, the
                             coordinating agency may, without a request, extend both the
                             comment and decision deadlines by 10 days;
                                 (2) if a commenting agency requests time to perform a field
                             review, the coordinating agency may extend the remaining
                             deadlines by up to 1C-l' days;
                                 (3) if the project involves a disposal of interest in state land or

                                                                  45

                            resources and DGC is the coordinating agency, it will, on DNR's
                            request, extend both the comment and decision deadlines for a
                            period necessary to most efficiently coordinate the consistency
                            review and the DNR disposal process;
                                (4) for a project which is subject to the Surface Mining
                            Control and Reclamation Act of 1977, P.L. 95-87, 91 Stat. 445
                            (1977), 30 U.S.C. � 1201 et seq., the consistency review deadlines
                            will be extended as necessary to conform to the requirements of
                            that Act and AS 27.21;
                                (5) if a public hearing is held as part of the consistency review
                            process, or as part of a resource-agency review of a necessary
                            permit, the coordinating agency may extend both the comment
                            and decision deadlines as necessary;
                                (6) if the coordinating agency requests additional information
                            from the applicant as provided in 6 AAC 50.070, the agency may
                            extend the remaining deadlines until the requested information
                            has been received and deemed adequate by the requesting review
                            participant. Within 7 days of receipt of the information by the
                            requesting review participant, that participant shall notify the
                            coordinating agency whether the information is adequate to find
                            the project packet complete;
                                (7) if the coordinating agency determines that a consensus
                            among the resource agencies, any affected coastal resource district,
                            and the applicant cannot be reached within a 50-day review
                            period, it shall state in writing the issues or conditions which
                            require additional time for review, and may extend the remaining
                            deadlines for up to 15 days for each higher level of review
                            provided in 6 AAC 50.070(k);
                                (8) if the applicant requests an extension, the coordinating
                            agency may extend the remaining deadlines as requested;
                                (9) if & coordinating agency determines that the project
                            involves unusually complex issues, it may extend the deadlines as
                            necessary; if the deadline is extended under this paragraph, the
                            agency shall by Day 50, or Day 30 of a 30-day review period,
                            dist4ute to        review participants, the applicant, and other
                            commenting parties a written statement of the issues which
                            remain to be resolved; the coordinating agency shall notify all
                            interested parties promptly as issues are resolved.
                              (c) All time periods in this chapter must be calculated using
                            calendar  days. An action required to be taken on a Saturday,
                            SundaN',  or state or federal holiday must be taken on or before
                            the next  working day. (Eff. 3/11/84, Register 89; am. 5/20/93,
                            Register  126)

                            Authority: AS 44.19.161
                                       AS 46.40.010
                                       AS 46.40.040

                                                                46

                                 6 AAC 50.120.             CONCLUSIVE CONSISTENCY
                              DETERMINATION. (a) In rendering a conclusive consistency
                              determination, the coordinating agency shall give careful                      Due
                              consideration to all comments, and shall give due deference to the           Deference
                              comments of resource agencies and affected coastal districts with
                              approved programs. "Due deference" means that deference which
                              is appropriate in the context of the commenter's expertise and
                              area of responsibility, and all the evidence available to support
                              any factual assertions. A coastal resource district whose district
                              program has been incorporated into the ACMP is considered to
                              have expertise in the interpretation and application of its
                              program. If the coordinating agency rejects a stipulation or
                              recommendation requested by a commenting resource agency or
                              affected coastal resource district with an approved program,
                              within its respective area of expertise, the coordinating agency
                              shall make a written finding stating the reasons for rejecting the
                              stipulation.
                                 (b) The coordinating agency shall render a written conclusive               Conclusive
                              consistency determination before the decision deadline under 6                 consistency
                              AAC 50.070 or 6 AAC 50.110. The agency shall distribute its                   determination
                              determination to the applicants and to all resource agencies, all
                              other agencies which commented on the project, and all affected
                              coastal resource districts. The determination must describe the
                              scope of the project which was reviewed. If the project is
                              determined to be consistent with the ACMP, the determination
                              must state any conditions or stipulations and must identify the
                              state or federal permits in which each stipulation must be
                              included to ensure that the project is consistent with the ACMP.
                              If a resource agency is the coordinating agency, it may include
                              the determination in its approval or denial of eacii permit
                              required for the project. (Eff. 3/11/84, Register 89; em am 5/1/90
                              - 8/9/9Cd, Register 114)

                              Authority- AS 44.19.145(a)
                                         ArL IH, sec. 1, Ak. ConsL
                                         ArL M, sm 16, Ak. ConsL
                                         Art. M, sec- 24, Ak. ConsL

                                 6 AAC 50.130. ISSUANCE OF PROJECT PERMITS. A
                              resource agency shall issue a permit which is necessary for a
                              project, except a lease, within five days after it issues or receives
                              the conclusive consistency determination for that project, unless             Permits issued
                              the commissioner of that agency finds that additional review is               within 5 days
                              necessary to fulfill statutory responsibilities. A resource agency
                              shall issue a lease at the time and in the manner provided by
                              applicable law, regulation, and agency procedure, but not before

                                                                47

                           it issues or receives a conclusive consistency determination for the
                           appropriate project. For a project which is deemed consistent, by
                           either categorical approval of all necessary permits or a general
                           concurrence determination, an agency shall issue a required
                           perrrut as soon as possible in the time and manner prescribed by
                           applicable statutes or regulations. A project permit must contain
                           any applicable conditions or stipulations required by the
                           conclusive consistency determination, and may not contain any
                           additional condition or stipulation for the sole purpose of
                           ensuring consistency. (Eff. 3/11/84, Register 89)

                           Authority: AS 44.19.145(a)
                                     Art. III, sec. 1, Ak. Const.
                                     Art. III, sec. 16, Ak. Const.
                                     Art. 111, sec. 24, Ak. Const.

                              6 AAC 50.190. DEFINITIONS. In this chapter and in AS
                           44.19.145(a)(11)    (1) "ACMP" means the Alaska Coastal
                           Management Program, as amended, which was developed as
                               ided in AS 46.40, 6 AAC 80, and 6 AAC 85, and approved
                           provi
                           by the Secretary of the United States Department of Commerce
                           under authority of sec. 305 of the Coastal Zone Management Act
                           of 1972, as amended, 16 U.S.C. \p 1454;
                              (2) "affected coastal resource district" means a coastal
                           resource district as defined in AS 46.40.210(2) in which a project
                           is proposed to be located, or which may experience a direct and
                           significant impact from a proposed project;
                              (3) "approved program" means a coastal resource district
                           program that has been approved by the Alaska Coastal Policv
                           Council and filed by the lieutenant   governor's office;
                              (4) "consistency" means compliance with the standards of the
                           ACMP, including the enforceable policies of an approved coastal
                           resource district program;
                              (5) "coordinating agency" means the agency responsible for
                           coordinating and facilitating the review an@ rendering the
                           determination;
                              (6) "CZMA" means the federal Coastal Zone Management Act
                           of 1972, as amended, 16 U.S.C. \p 1451 et seq.;
                              (7) "DGC" means division of governmental coordination
                           within the office of management and budget in the Office of the
                           Governor;
                              (8) "DNR" means the Department of Natural Resources;
                              (9) "determination" or "consistency determination" or
                           11conclusive consistency determination" means
                               (A) a document issued by the coordinating agency containing
                           a brief description of the project, and the findings of the

                                                           48

                             consistency review together with any stipulations, conditions, or
                             modifications to the project which must be attached to the
                             applicable permits, and a brief Justification for those necessary
                             modifications, conditions, or stipulations, and includes
                                  (B) a response to a consistency certification or determination
                             required or authorized under the CZMA;
                                (10) "direct and significant impact" means an effect of a
                             project which will likely contribute or lead to a significant
                             change in or alteration of the natural, social, cultural, or
                             economic characteristics of a coastal resource district;
                                (11) "disposal of interest in state land" means the sale, lease,
                             or other disposition of state-owned or state-managed land or
                             resources by the Department of Natural Resources;
                                (12) "OMB" means the office of management and budget in
                             the Office of the Governor;
                                (13) "permit" means a permit, lease, authorization, license or
                             any other determination necessary for completion of a project or
                             a discrete phase of a project;
                                (14) "project" means an activity or use which will be located
                             in or may affect the coastal zone of Alaska and which is subject
                             to consistency review under sec. 307 of the Coastal Zone
                             Management Act of 1972, as amended (16 U.S.C. � 1456), or
                             which requires the issuance of one or more state permits; when
                             a land or water activity is developed or authorized in discrete
                             phases, and each phase requires agency decisions regarding
                             permits, each phase is considerec' a "projectIl
                                (15) "resource agency" mea-is the Alaska Department of
                             Environmental Conservation, or the Alaska Department of Fish
                             and Game, or the Alaska Department of Natural Resources;
                                (16) "review" or "consistency review" means the evaluation
                             of a project against the ACMP s-andards.
                                (17) "review participant" means resource agencies, other state
                             agencies on request and affected coastal districts; when a project
                             includes an oil discharge prevention and contingency plan,
                             review participant" includes an affected regional citizens advisory
                             council as defined in 33 U.S.C. .2732(d). (Eff. 3/11/84, Register
                             89; ern am 5/1/90   - 8/9/90, Register 114; am 5/20/93, Register
                             126)

                             Authority: AS 44.19.161
                                       AS 46.40.010
                                       AS 46.40.040

                                                               49

                                                                                                                              F

                                                                                                                             r

                                                          TITLE 6. GOVERNOR'S OFFICE
                                                     ALASKA COASTAL POLICY COUNCIL

                                               CHAPTER 80. STANDARDS OF THE ALASKA
                                                      COASTAL MANAGEMENT PROGRAM

                             Article
                             1. Government Process (6 AAC 80.010-6 AAC 80.030)
                             2. Uses and Activities (6 AAC 80.040-6 AAC 80-120)
                             3. Resources and Habitats (6 AAC 80.130-6 AAC 80-150)
                             4. Areas Which Merit Special Attention (6 AAC 80.158.6 AAC 80.170)
                             5. General Provisions (6 AAC 80.900)

                                     Article 1. Government Process

                             Section
                             10. Coverage of chapter
                             20. Public participation and information
                             30. Program management and coordination

                                    6 AAC 80.010. COVERAGE OF CHAPTER. (a) This
                             chapter contains standards for the use of and application by
                             districts and state agencies in carr7ing out their responsibilities
                             under the Alaska Coastal Management Act (AS 46.40, and AS
                             44.19.155 -44.19.162).
                                (b) Nothing in this chapter or in any district program displaces                    State/local
                             or diminishes the authority of any state agency or local                               authorities
                             government with respect to resou:-ces in the coastal area. Uses
                             and activities conducted by state agencies in the coastal area must
                             be consistent with the applicable district program and the
                             standards contained in this chapter. In authorizing uses or
                             activities in the coastal    area under its statutory authority, each
                             state agency shall grant authorization if,         in addition to finding
                             that the use or activity     complies v@-ith the agency's statutes and
                             regulations, the agency finds that the use or activity is consistent
                             with the applicable district program and the standards contained
                             in this chapter. However, if the district program and the                              District program
                             standards in this chapter both address the same operational
                             subject or issue, the provisions of the district program are
                             controlling.
                                (c) At a minimum, the counc] will review this chapter
                             annually. (Eff. 7/18/78, Register 67; am 9/9/81, Register 79)
                             AuthoritV:       AS 44.19.16C
                                              AS 46.40.04C
                                              AS 46.40.100

                                                                       50

                                      6 AAC 80.020. PUBLIC PARTICIPATION AND
                              INFORMATION. (a) The council will provide adequate,
                              effective, and continuing opportunities for public participation
                              from the beginning of the Alaska coastal management program.
                              The council will give notice of when and where opportunities for
                              public participation will be provided before adoption of
                              guidelines and standards, review and approval of district programs
                              and amendments to district programs, and amendments to the
                              Alaska coastal management program.
                                (b) The council will not approve a district program or
                                  ificant amendment of a district program
                              sign                                            unless evidence of
                              significant opportunities for public participation at the district
                              level has been provided.
                                (c) The council will make available to the public information
                              and educational materials concerning coastal management, in
                              understandable form, including
                                      (1) a guide for the development of district programs;
                                      (2) maps and narratives describing physical and biological
                              characteristics to be used in establishing boundaries of coastal
                              areas;
                                      (3) areas recommended for council designation as areas
                              which merit special attention;
                                      (4) maps showing the distribution and abundance of
                              coastal fish and wildlife species with commercial, recreational,
                              subsistence, or general ecological importance;
                                      (5) an identification of major data and information sources
                              concerning coastal management;
                                      (6) a summary of information regarding coastal regions;
                                      (7) summaries of public hearings and workshops;
                                      (8) films and slide programs;
                                      (9) written material summarizing or explaining the Alaska
                              coastal management program; and
                                      (110)) the council's annual report to the legislature.
                                (d) At public meetings concerning the Alaska coastal
                              management     program, the council will ensure that, when
                              requested and reasonably necessan', translation into the
                              appropriate Native language is provided.
                              (Eff. 7/18/78, Register 67)

                              Authority:    AS 44.19.161
                                            AS 46.40.040

                                                                   5 1

                                  6 AAC 80.030. PROGRAM MANAGEMENT AND
                          COORDINATION.               (a) The division of governmental
                          coordination of the Office of Management and Budget is the                        DGC
                          designated lead agency for the Alaska Coastal Management                      lead agency
                          Program. The division of governmental coordination of the
                          Office of Management and Budget shall
                                  (1) present the staff position regarding matters before the
                          council;
                                  (2) coordinate the activities of state agencies participating
                          in the Alaska coastal management program; and
                                  (3) review state and federal actions for consistency with
                          the Alaska coastal management program, as provided in 6 AAC
                          50.
                             (b) The council will initiate an interagency program of
                          comprehensive resource management for each geographic region
                          listed in AS 44.19.155. Regional programs will                                Regional program
                                  (1) assist the council and districts in identifying uses of
                          state concern and developing management policies for these uses;
                                  (2) provide resource, social, and economic information on
                          a coordinated regional basis; and
                                  (3) assist the council and districts in identifying, avoiding,
                          or minimizing existing or potential conflicts.
                                     (c) Plans and recommendations developed as part of the
                          regiona I program described in (b) of this section must be
                          transmitted to the district through the division of governmental
                          coordination. District planning efforts must demonstrate review
                          and consideration of these plans and recommendations. If the
                          final district program proposed does not agree with the regional
                          program plans and recommendations, the differences will be
                          resolved by the council.
                             (d) The council will prepare a manual of standards for the
                          management of land and water uses in the coastal area to assist in
                          the development of district and state agency programs. (Eff.
                          7/18/78, Register 67; am 1%'4/28/84, Register 92)

                          Authority:     AS 44.19.145(a)
                                         AS 44.19.161
                                         AS 46.40.040

                                                          52

                                         Article 2.
                                     Uses and Activities

                      Section
                      40. Coastal Development
                      50. Geophysical h27, d areas
                      60. Recreation
                      70. Energy facilities
                      80. Transportation and utilities
                      90. Fish and seafood processing
                      100. Timber harvest and processing
                      110. Mining and mineral processing
                      120. Subsistence

                           6 AAC 80.040. COASTAL DEVELOPMENT. (a) In
                      planning for and approving development in coastal areas, districts
                      and state agencies shall give in the following order, priority to:
                           (1) water-dependent uses and activities;
                           (2) water-related uses and activities; and
                           (3) uses and activities which are neither water-dependent
                      nor water-related for which there is no feasible and prudent Public need
                      inland alternative to meet the public need for the use or activity.
                        (b) The placement of structures and the discharge of dredged
                      or fill material into coastal water must, at a minimum, comply Dredge/Fill
                      with the standards contained in Parts 320-323, Title 33, Code of
                      Federal Regulations (Vol. 42 of the Federal Register, pp. 37133 -
                      47 Uuly 19, 1977)). (Eff. 7/18/78, Register 67; am 8/18/79,
                      Register 71)

                      Authority:     AS 44.19.10
                                     AS 46.40.040

                           6 AAC 80.050. GEOPHYSICAL HAZARD AREAS.
                      (a) Districts and state agencies shall identify known geophysical
                      hazard areas and areas of high development potential in which
                      there is a substantial possibility that geophysical hazards may
                      occur.
                        (b) Development in areas identified under (a) of this section
                      may not be approved by the appropriate state or local authoritv
                                                                         Siting/Design
                      until siting, design, and construction measures for minimizing
                      property damage and protecting against loss of life have been
                      provide@. (Eff. 7/18/78, Register 67)
                      Authority: AS 44.19.161
                                AS 46.40.040

                                              53

                                6 AAC 80.060. RECREATION. (a) Districts shall
                          designate areas for recreational use. Criteria for designation of
                          areas of recreational use are
                                  (1) the area receives significant use by persons engaging in
                          recreational pursuits or is a major tourist destination; or
                                  (2) the area has potential for high quality recreational use
                          because of physical, biological, or cultural features.
                                  (b) Districts and state agencies shall give high priority to
                          maintaining and, where appropriate, increasing public access to              Public access
                          coastal water. (Eff. 7/18/78, Register 67; am 8/18/79, Register 71)

                          Authority:     AS 44.19.161
                                         AS 46.40.040

                                  6 AAC 80.070. ENERGY FACILITIES. (a) Sites
                          suitable for the development of major energy facilities must be
                          identified by districts and the state in cooperation with districts.
                             (b) The siting and approval of major energy facilities by
                          districts and state agencies must be based, to the extent feasible
                          and prudent, on the following standards:
                                  (1) site facilities so as to minimize adverse environmental
                          and social effects while satisfying industrial requirements;
                                  (2) site facilities so as to be compatible with existing and
                          subsequent adjacent uses and projected community needs;
                                  (3) consolidate facilities;
                                  (4) consider the concurrent use of facilities for public or
                          economic reasons;
                                  (5) cooperate with landowners, developers, and federal
                          agencies in the development of facilities;
                                  (6) select sites with sufficient acreage to allov@, for
                          reasonable expansion of facilities;
                                  (7) site facilities where existing infrastructure, including
                          roads, docks, and airstrips, is capable of satisfying industrial
                          requirements;
                                  (8) select harbors and shipping routes with least exposure
                          to reefs, shoals, drift ice, and other obstructions;
                                  (9) encourage the use of vessel traffic control and collision
                          avoidance systems;
                                  (10) select sites where development 'will require minimal
                          site clearing, dredging and construction in productive habitats;

                                                          54

                                            site facilities so as to minimize the probability, along
                               shipping routes, of spills or other forms of contamination which
                               would affect fishing grounds, spawning grounds, and other
                               biologically productive or vulnerable habitats, including marine
                               mammal rookeries and hauling out grounds and waterfowl
                               nesting areas;
                                       (12) site facilities so that design and construction of those
                               facilities and support infrastructures in coastal areas of Alaska will          Fish
                               allow for the free passage and movement of fish and wildlife with              passage
                               due consideration for historic migratory patterns and so that areas
                               of particular scenic, recreational, environmental, or cultural value
                               w
                                 ill be protected;
                                 i
                                       (13) site facilities in areas of least biological productivity,
                               diversity, and vulnerability and where effluents and spills can be
                               controlled or contained;
                                       (14) site facilities where winds and air currents disperse
                               airborne emissions which cannot be captured before escape into
                               the atmosphere;
                                       (15) select sites in areas which are designated for industrial
                               purposes and where industrial traffic is minimized through
                               population centers; and
                                       (16) select sites where vessel movements will not result in
                               overcrowded harbors or interfere with fishing operations and
                               equipment.
                                 (c) Districts shall consider that the uses authorized by the
                               issuance of state and federal leases for mineral and petroleum
                               resource extraction are uses of state concern. (Eff. 7/18/78,
                               Register 67; am 8/18/79, Register 71)

                               Authority:     AS 44.19.161
                                              AS 46.40.040

                                       6 AAC 80.080.              TPLANSPORTATION AND
                               UTILITIES. (a) Transportation and utility routes and facilities
                               in the coastal area must be sited, designed, and constructed so as
                               to be compatible with district programs.
                                 (b) Transportation and utility routes and facilities must be sited
                               inland from beaches and shorelines unless the route or facility is
                               wat er-depen dent or no feasible and prudent inland alternative
                               exists to meet the public need for the route or facility.
                               (Eff. 7/18/78, Register 67; am 8/18/79, Register 71)

                               Authorin%      AS 44.19.161
                                              AS 46.40.040

                                                                     55

                                  6 AAC 80.090.                 FISH AND SEAFOOD
                          PROCESSING. Districts shall identify and may designate areas
                          of the coast suitable for the location or development of facilities
                          related to commercial fishing and seafood processing. (Eff.
                          7/18/78, Register 67)

                          Authority:      AS 44.19.161
                                          AS 46.40.040

                                  6 AAC 80.100.               TIMBER HARVEST AND
                          PROCESSING. AS 41.17, Forest Resources and Practices, and
                          the regulations and procedures adopted under that chapter with
                          respect to the harvest and processing of timber, are incorporated
                          into the Alaska coastal management program and constitute the
                          components of the coastal management program with respect to
                          those purposes. (Eff. 7/18/78, Register 67; am 8/18/79, Register
                          71; am 3/30/84, Register 89)

                          Authority:      AS 44.19.161
                                          AS 46.40.040
                          (Note: AS 41.17 was amended in 1990. The revised FPA regulations were
                          incorporated into the ACMP effective August 4, 1993.)

                                  6 AAC 80.110.              MINING AND MINERAL
                          PROCESSING. (a) Mining and mineral processing in the coastal
                          area must be regulated, designed, and conducted so as to be
                          compatible vvith the standards contained in this chapter, adjacent
                          uses and activities, statewide and national needs, and district
                          programs.
                             (b) Sand and gravel may be extracted from coastal waters,
                          intertidal areas, barrier islands, and spits, when there is no feasible         Sand/gravel
                          and prudent alternative to coastal extraction which will meet the               extraction
                          public need for the sand or gravel. (Eff. 7/18/78, Register 67; am
                          8/18/79, Register 71)

                          Authority:      AS 44.19.161
                                          AS 46.40.040

                                                                56

                                     6 AAC 80.120. SUBSISTENCE. (a) Districts and state
                              agencies shall recognize and assure opportunities for subsistence
                              usage of coastal areas and resources.
                                (b) Districts shall identify areas in which subsistence is the          Identified
                              dominant use of coastal resources.                                          areas
                                (c) Districts may, after consultation with appropriate state
                              agencies, Native corporations, and any other persons or groups,
                              designate areas identified under (b) of this section as subsistence
                              zones in which subsistence uses and activities have priority over
                              all nonsubsistence uses and activities.
                                (d) Before a potentially conflicting use or activity may be
                              authorized within areas designated under (c) of this section, a
                              st udy of the possible adverse impacts of the proposed potentially
                              conflicting use or activity upon subsistence usage must be
                              conducted and appropriate safeguards to assure subsistence usage
                              must be provided.
                                (e) Districts sharing migratory fish and game resources must
                              submit compatible plans for habitat management. (Eff. 7/18/78,
                              Register 67)

                              Authority:    AS 44.19.161
                                            AS 46.40.040

                                         Article 3. Resources and Habitats

                              Section
                              130. Habitats
                              140. Air, land and water quality
                              150. Historic, prehistoric, and archaeological resources

                                     6 AAC 80.130. HABITATS. (a) Habitats in the coastal
                              area which are subject to the Alaska coastal management program
                              include
                                     (1) offshore areas;
                                     (2) estuaries;
                                     (3) wetlands and tideflats;
                                     (4) rocky islands and seacliffs;
                                     (5) barrier islands and lagoons;
                                     (6) exposed high energy coasts;
                                     (7) rivers, streams, and lakes; and
                                     (8) important upland habitat.

                                                                  57

                             (b) The habitats contained in (a) of this section must be
                           managed so as to maintain or enhance the biological, physical,
                           and chemical characteristics of the habitat which contribute to its
                           capacity to support living resources,
                             (c) In addition to the standard contained in (b) of this section,
                           the following standards apply to the management of the
                           following habitats:
                                   (1) offshore areas must be managed as a fisheries                   Offshore areas
                           conservation zone so as to maintain or enhance the state's sport,
                           commercial, and subsistence fishery;
                                   (2) estuaries must be managed so as to assure adequate              Estuaries
                           water flow, natural circulation patterns, nutrients, and oxygen
                           levels, and avoid the discharge of toxic wastes, silt, and
                           destruction of productive habitat.
                                   (3) wetlands and tideflats must be managed so as to assure          Wetlands
                           adequate water flow, nutrients, and oxygen levels and avoid
                           adverse effects on natural drainage patterns, the destruction of
                           important habitat, and the discharge of toxic substances;
                                   (4) rocky islands and seacliffs must be managed so as to            Islands and seacliff's
                           avoid the harassment of wildlife, destruction of important habitat,
                           and the introduction of competing or destructive species and
                           predators;
                                   (5) barrier islands and lagcons must be managed so as to            Barrier islands
                           maintain adequate flows of sediments, detritus, and water, avoid             andlagoons
                           the alteration or redirection of wave energy which would lead to
                           the filling in of lagoons or the erosion of barrier islands, and
                           discourage activities which would decrease the use of barrier
                           islands by coastal species, including polar bears and nesting birds;
                                   (6) high energy coasts must be managed by assuring the              High energy coasts
                           adequate mix and transport of sediments and nutrients and
                           avoiding redirection of transport processes and wave energy; and
                                   (7) rivers, streams, and lakes must be managed to protect           Rivers, streams
                           natural vegetation, water qualit.,@, important fish or wildlife              and lakes
                           habitat and natural water flow.
                             (d) Uses and activities in the coastal area which will not
                           conform to the standards contained in (b) and (c) of this section
                           may be allowed by the district or appropriate state agency if the
                           follo,vk-ing are established:
                                      there is a significant public need for the proposed use
                           or activitv;
                                   (2) there is no feasible prudent alternative to meet the
                           public need for the proposed use or activity which would
                           conform to the standards contained in (b) and (c) of this section;
                           and
       0

                                                                58

                                     (3) all feasible and prudent steps to maximize conformance
                             with the standards contained in (b) and (c) of this section will be
                             taken.
                                (e) In applying this section, districts and state agencies may use
                             appropriate expertise, including regional programs referred to in
                             6 AAC 80.030(b). (Eff. 7/18/78, Register 67)

                             Authority:      AS 44-19.161
                                             AS 46.40.040

                                     6 AAC 80.140. AIR, LAND, AND WATER
                             QUALITY.        Notwithstanding any other provision of this
                             chapter, the statutes pertaining to-and the regulations and
                             procedures of the Alaska Department of Environmental
                             Conservation with respect to the protection of air, land, and
                             water quality, in effect on August 18, 1992, are incorporated into
                             the Alaska coastal management program and, as administered by
                             that agency, constitute the components of the coastal
                             management program with respect to those purposes. (Eff.
                             7/18/78, Register 67; am 5/20/93, Register 126)

                             Authority:      AS 44.19.161
                                             AS 46.40.010                                                                   0
                                             AS 46.40.040

                                     6 AAC 80.150. HISTORIC, PREHISTORIC, AND
                             ARCHAEOLOGICAL RESOURCES.                            Districts and
                             appropriate state agencies shall identify areas of the coast which
                             are important to the studv, understanding, or illustration of
                             national, state, or local history or prehistory. (Eff. 7/18/78,
                             Register 67)

                             Authoritv:      AS 44.19.161
                                             AS 46.40.040

                                                                                                                            0

                                                              59

                                                     Article 4.
                                   Areas Which Merit Special Attention

                          Section
                          158. Types of areas to be designated as areas which merit special attention
                          160. Areas which merit special attention inside districts
                          170. Areas which merit special attention outside districts

                                 6 AAC 80.158.           TYPES OF AREAS TO BE
                          DESIGNATED AS AREAS 'WHICH MERIT SPECIAL
                          ATTENTION. An area to be designated as an area which merits
                          special attention may include the following, in addition to the
                          categories contained in AS 46.40.210(l):
                                 (1) areas important for subsistence hunting, fishing, food
                          gathering, and foraging;
                                 (2) areas with special scientific values or opportunities,
                          including those areas where ongoing research projects could be
                          jeopardized by development or conflicting uses and activities; and
                                 (3) potential estuarine or marine sanctuaries. (Eff. 6/9/85,
                          Register 94)

                          Authoritv:     AS 44.19.161
                                         AS 46.40.040

                          Editor's Note. Before 6/9/85, Register 94, the substance of 6 AAC 80.158 was
                          contained in 6 AAC K. 16C. The history of AAC 8C. 160 is not reflected in the history
                          note for 6 AAC 80.158.

                                 6 AAC 80.160. AREAS WHICH MERIT SPECIAL
                          ATTENTION INSIDE DISTRICTS. (a) A person may
                          recommend, to a district, areas inside the district to be nominate@
                          to the council as areas which merit special attention. A district          District
                          may nominate,      in a district program or as a significant               nomination
                          amendment to its program, areas which merit special attention.
                          Council designation of areas which merit special attention inside
                          districts will be in accordance with the procedures for approval
                          of district programs, or significant amendments to district
                          programs, as described in 6 AAC 85. A nomination of an area
                          which merits special attention must include the following
                          information:

                                                           60

                                      (1) the basis or bases for designation under AS 46.40.210(l)         Basis for
                              or 6 AAC 80.158;                                                             designation
                                      (2) a map showing the geographicallo cation, surface area
                              and, if appropriate, bathymetry of the area, along with a legal and
                              narrative description of the boundaries and a justification of the
                              size of the area which merits special attention;
                                      (3) a description of the area which includes dominant
                              physical and biological features;
                                      (4) the existing ownership, jurisdiction, and management
                              status of the area, including existing uses and activities;
                                      (5) the existing ownership, Jurisdiction, and management
                              status of adjacent shoreland and sea areas, including existing uses
                              and activities;
                                      (6) present and anticipated conflicts among uses and
                              activities within or adjacent to the area, if any; and
                                      (7) a proposed management plan, consisting of              the
                              following:
                                 (A) a description of the uses and activities that will be
                              considered proper, and the uses and activities that will            be
                              considered improper, with respect to land and water within the
                              area, and the rationale for the designate of proper and improper
                              uses;
                                 (B) a statement of the specific, enforceable policies that will be
                              applied in managing the area-, and
                                 (C) an identification of the authority that will be used to
                              implement the proposed management plan.
                                (b) A management plan for an area which merits special
                              attention inside a district must preserve, protect, enhance, or
                              restore the value or values for which the area was designated.
                              (Eff. 7/18/78, Register 67; am 8/18/79, Register 71; am 6/9/85,
                              Register 94; am 4/2/86, Register 97)

                              Authoritv:     AS 44.19.161
                                             AS 46.40.040

                                      6 AAC 80.170. AREAS WHICH MERIT SPECIAL
                              ATTENTION OUTSIDE DISTRICTS. (a) A person may                                Recommenda-
                              recommend to the council an area that is within the coastal area             tion to
                              but outside a coastal resource district, to be designated as an area          Council
                              which merits special attention. A recommendation to the council
                              of an area which merits special attention outside a district must
                              include the following information:

                                                                  61

                                 (1) a map showing the geographical location of the area,
                          as well as a legal and narrative description of the boundaries, and
                          a justification of the size of the area which merits special                 justification
                          attention;
                                 (2) a summary of the resource values and use conflicts, if
                          any, in the area;
                                 (3) a statement of the purpose and objectives to be met
                          through planning for an area which merits special attention;
                                 (4) a tentative schedule outlining timeframes for
                          completion of planning tasks and reviews;
                                 (5) a list of parties with interests in or adjacent to the
                          proposed area which merits special attention who may be affected
                          by its designation, and a description of how these parties would
                          be involved in plan development; and
                                 (6) justification that the area which merits special attention
                          is the preferred planning and management mechanism for meeting
                          the objectives of the proposal and the Alaska coastal management
                          program.
                            (b) Upon receipt of a recommendation for an area which
                          merits special attention outside cf a district, the division of
                          governmental coordination (DGC) of the office of management
                          and budget shall place the recommendation on the council's                     Council
                          agenda for consideration at its next regularly scheduled meeting,             consideration
                          and shall give notice of a public hearing. DGC shall give direct
                          notice to the affected parties identified in (a)(5) of this section.
                          DGC shall make the recommendation available for public
                          inspection at the time of the notice of the public hearing. The
                                11 will make an initial finding, detailing its reasons to *ther
                          counc                                                          ei
                          authorize additional planning for the area which merits special
                          attention outside a district, or to reject the recommendation. The
                          council's determination to authorize additional planning for the
                          area which merits special attention may not be construed as
                          council approval of the merits of t',"Ie final plan.
                            (c) If the council decides to auth:)rlze further planning for an
                          area which merits special attention, public notice will be provided
                          by conspicuous advertisement, such as display notice, in a news
                          publication of general circulation in the affected area and in one
                          of general circulation in the state. DGC, with assistance from the
                          sponsor, shall compile a mailing list of state and federal agencies,
                          affected municipalities and villages, landowners, and other
                          interested parties and shall notify therri that planning for the area
                          which merits special attention is gcing to occur.
                            (d) The sponsor of the nornination is responsible for                       Public review
                          developing a public review draft for the area which merits                      draft

                                                              62

                                special attention outside of a district. The review draft must
                                include the information required under 6 AAC 80.160(a)(1)                                       40
                                through (7), in addition to the following:
                                        (1) an evaluation of the potential impacts of the
                                designation on the social, cultural, environmental, and economic
                                features of the area and adjacent areas;
                                       (2) The proposed management plan required under 6 AAC
                                160(a)(7) must include a description of how the
                                proposed management plan will be implemented.
                                  (e) A management plan for an area which merits special
                                attention outside a district must preserve, protect, enhance, or
                                restore the value or values for which the area is designated.
                                  (f) The sponsor shall provide opportunities for consultation on
                                and review of the proposal by appropriate state, federal, and local
                                governmental agencies, affected landowners, and other persons                  Public
                                who have been identified as interested parties under (c) of this               meetings
                                section. The sponsor shall hold no less than two public meetings
                                during plan development to inform the public and receive
                                comments concerning the plan.
                                  (g) The sponsor of the area which merits special attention shall
                                distribute a public review draft to all parties identified under (c)
                                of this section. The public review draft must contain all elements
                                listed in (d) of this section, as well as evidence that the public
                                participation requirements of this section have been satisfied. The
                                sponsor shall provide at least a 60-day review period. The sponsor
                                shall send with the public review draft a transmittal letter that
                                identifies the comment deadline and the recipient of comments.
                                The sponsor shall publish notice of the availability of the public
                                review draft for review and comment, including advertising in
                                news publications that are circulated in the area affected by the
                                nomination and in news publications that are circulated
                                statewide. The sponsor shall also post a notice prominently in
                                municipalities and villages affected by the proposal.
                                  (h) After the close of the public review and comment period,               Revised
                                the sponsor of the area which merits special attention shall revise           draft
                                the public review draft as necessan, to incorporate comments
                                received.   Council review of the area which merits special
                                attention will begin upon the sponsor's submission of the revised
                                draft to the council.
                                  (1) DGC shall distribute the council review draft, along with its
                                preliminary findings on the plan, to the mailing list compiled
                                under (c) of this section. A person may submit comments on the
                                area which merits special attention nomination to the council
                                within 6V- days after this distribution. Comments that are not
                                received within the 6'0-day review period will not be considered.

                                                                      6 3

                                  DGC shall prepare a summary of and a response to
                           comments received on the council review draft and, if necessary,
                           revise its recommendations. DGC shall distribute these materials
                           to all parties who commented on the draft. All comments and
                           additional material submitted will be placed in a record file
                           maintained by DGC.
                              (k) The council will, after public notice, hold a public hearing              Council
                           on the designation of the area which merits special attention.                 designation
                                 The council will approve the designation of an area which
                           merits special attention if it (1) is substantially consistent with the
                           requirements of this section; (2) does not arbitrarily or
                           unreasonably restrict or exclude uses of state concern, except as
                           allowed in AS 46.40.070(c); (3) does not violate another state law;
                           and (4) does not cause substantial irreparable harm to another
                           interest or value in the coastal area. The council's decision to
                           designate, or not designate, the area which merits special
                           attention outside of a district will contain findings and
                           conclusions based on the requirements listed in this subsection.
                              (m) DGC shall provide public notice of the council's action
                           designating an area which merits special attention outside of a
                           district by distributing a copy of the council's order to all persons          Public notice
                           who testified or submitted timely written statements during                     of action
                           public review, and to all persons who requested a copy of the
                           order in writing. DGC shall also publish notice of the council's
                           action, at a minimum,     in news publications that are circulated
                           within the affected region and L-i news publications that are
                           circulated statewide.
                              (n) The council's designation of an area which merits special
                           attention outside of a district takes effect for state law purposes
                           as part of the Alaska coastal management program upon the
                           lieutenant governor's filing of the council's order approving the
                           designation. (Eff. 6/9/85, Register 94; am 4/2/86, Register 97)

                           Authoritv:      AS 44.19.161
                                           AS 46.40.04C

                                                                64

                                                           Article 5.
                                                     General Provisions

                              Section
                              900. Definitions

                                      6 AAC 80.900. DEFINITIONS. (a) Unless the context
                              indicates otherwise, in this chapter
                                      (1) "barrier islands and lagoons" means depositional
                              coastal environments formed by deposits of sediment offshore or
                              coastal remnants which form a barrier of
                              low-lying islands and bars protecting a salt-water lagoon with free
                              exchange of water to the sea;
                                      (2) "coastal water" means all water bodies in the coastal
                              area, including wetlands and the intertidal area;
                                      (3) "council" means the Alaska Coastal Policy Council;
                                      (4) "district" means a coastal resource district as defined in
                              AS 46.40.210(2);
                                      (5)  "district program"        means a district         coastal
                              management program;
                                      (6) "estuary" means a serniclosed coastal body of water
                              which has a free connection with the sea and within which
                              seawater is measurably diluted with freshwater derived from land
                              drainage;
                                      (7) "exposed high-energy coasts" means open and
                              unprotected sections of coastline with exposure to ocean
                              generated wave impacts and usually characterized by coarse sand,
                              gravel, boulder beaches, and well-mixed coastal     water;
                                      (8) "facilities related to commercial fishing and seafood
                              processing" includes hatcheries and related facilities, seafood
                              processing plants and support facilities, marine industrial and
                              commercial facilities, and aquaculture facilities;
                                      (9) "geophysical hazard areas" means those areas which
                              present a threat to life or property from geophysical or geological
                              hazards, including flooding, tsunami run-up, storm surge run-up,
                              landslides, snowslides, faults, ice hazards, erosion, and littoral
                              beach process;
                                      (10) "mining and mineral processing" means the
                              development of mineral resources extracted in tidal rivers, coastal
                              water, and on continental shelves of the open sea, and found in
                              surface, subsurface, and aqueous deposits;
                                      (11) "offshore areas" means submerged lands and waters
                              seaward of the coastline;
                                      (12) "rocky islands and seacliffs" means islands of volcanic
                              or tectonic origin with rocky shores and steep faces, offshore
                              rocks, capes, and steep rocky seafronts;

                                                                65

                                   (13) "tideflats" means mostly unvegetated areas that are
                           alternately exposed and inundated by the falling and rising of the
                           tide;
                                   (14) "transportation and utility routes and facilities"
                           include power transmission lines, mineral slurry lines, oil and gas
                           pipelines, land and marine corridors, railways, highways,
                           roadways, air terminals, water and sewage transfer, and facilities
                           required to operate and maintain the route or facility;
                                   (15) "upland" means drainages, aquifers, and land, the use
                           of which would have a direct and significant impact on coastal
                           water;
                                   (16) "uses of state concern" has the same meaning as in
                           AS 46.40.210(6);
                                   (17) "water-dependent" means a use or activity which can
                           be carried out only on, in, or adjacent to water areas because the
                           use requires access to the water body;
                                   (18) "watcr-related" means a use or activity which is not
                           directly dependent upon access to a water body, but which
                           provides goods or services that are directly associated with
                           water-dependence and which, if not located adjacent to water,
                           would result in a public loss of quality in the goods or services
                           offered;
                                   (19) "wetlands" includes both freshwater and saltwater
                           wetlands; "freshwater wetlands" means those environments
                           characterized by rooted vegetation which is partially submerged
                           either continuously or periodically by surface freshwater with less
                           than .5 parts per thousand salt coment and not exceeding three
                           meters in depth; "saltwater wetlands" means those coastal areas
                           along sheltered shorelines characterized by halophilic hydrophytes
                           and macroalgae extending from extreme low tide to an area above
                           extreme high tide which is influenced by sea spray or tidally
                           induced water table changes;
                                   (20) "feasible and prudent" means consistent with sound
                           engineering practice and not causing environmental, social, or
                           economic problems that outweigh the public benefit to be
                           derived from compliance with the standard which is modified by
                           the term "feasible and prudent";
                                   (21) "including" means including but not limited to;
                                   (22) "major energy facility" includes marine service bases
                           and storage depots, pipelines and rights-of-way, drilling rigs and
                           platforms, petroleum or coal separation, treatment, or storage
                           facilities, liquid natural gas plants and terminals, oil terminals and
                           other port development for the transfer of energy products,
     Ad1h,                 petrochemical      plants,    refineries   and    associated      facilities,
                           hydroelectric     projects,    other     electric   generating      plants,
      lw@                  transmission lines, uranium enrichment or nuclear fuel processing

                                                                66

                                facilities, and geothermal facilities; "major energy facility" means
                                a development of more than local concern carried out in, or in
                                close proximity to, the coastal area, which meets one or more of
                                the following criteria:
                                  (A) a facility required to support energy operations for
                                exploration or production purposes;
                                  (B) a facility used to produce, convert, process, or store energy
                                resources or marketable products;
                                  (C) a facility used to transfer, transport, import, or export
                                energy resources or marketable products;
                                  (D) a facility used for in-state energy use; or
                                  (E) a facility used primarily for the manufacture, production,
                                or assembly of equipment, machinery, products, or devices which
                                are involved in any activity described in (A) - P) of this
                                paragraph;
                                      (23) "significant amendment" means an amendment to an
                                approved district program which
                                  (A) results in a major revision, addition or deletion to the
                                policies or implementation methods or authorities included in the
                                district program under 6 AAC 85.090 and 6 AAC 85.100;
                                  (B) alters the district boundaries, other than by technical
                                adjustments;
                                  (C) designates an area which merits special attention or alters
                                an existing area which merits special attention designation; or
                                  (D) restricts or excludes a use of state concern not previously
                                restricted or excluded;
                                      (24) "area which merits special attention" has the same
                                meaning as in AS 46.40.210(l);
                                      (25) "village" has the same meaning as in AS 46.40.180(d).
                                  (b) In AS 44.19.155, "deputy commissioner" includes assistant
                                commissioners of state agencies. (Eff. 7/18/78, Register 67; am
                                8/18/79, Register 71; am 9/9/81, Register 79; am 6/9/85,
                                Register 94; am 10/16/87, Register 104)

                                Authority:    AS 44.19.160(4)
                                              AS 44.19.161
                                              AS 46.40.010(c)
                                              AS 46.4C.03C
                                              AS 46.40.040
                                              AS 46.40.060
                                              AS 46.40.07C

                                                                  67

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                                                           TITLE 6. GOVERNOR'S OFFICE
                                                     ALASKA COASTAL POLICY COUNCIL

                                                CHAPTER 85. GUIDELINES FOR DISTRICT
                                                     COASTAL MANAGEMENT PROGRAMS

                            Article
                            1. Program Elements (6 AAC 85.010-6 AAC 85.110)
                            2. Government Process (6 AAC 85.120-6 AAC 85.185)
                            3. General Provisions (6 AAC 85.900)
                                     Article 1. Program Elements

                            Section                                                    Section
                            10. Coverage of chapter                                    70. Subject uses
                            20. Needs, objectives, and goals                           80. Proper and improper uses
                            30. Organization                                           90. Policies
                            40. Boundaries                                             100. Implementation
                            50. Resource inventory                                     110. Public participation
                            60. Resource analysis

                                6 AAC 85.010. COVERAGE OF CHAPTER. (a) This
                            chapter contains guidelines for the use of and application by
                            districts in carrying out their responsibilities under the Alaska
                            Coastal Management Act (AS 46.40 and AS 44.19.891 -
                            44,19.894).
                                (b) At a minimum, the council will review this chapter
                            annually. (Eff. 7/18/78, Register 67)

                            Authority:   AS 44.19.161
                                         AS 46.40.030
                                         AS 46.40.040

                                6 AAC 85.020. NEEDS, OBJECTIVES AND GOALS.
                            Each district program must include a statement of the district's
                            overall coastal management needs, objectives, or goals, or the
                            district's comprehensive land and resource use plan. (Eff.
                            7/18/78, Register 67)

                            Authority: AS 44.19.161
                                         AS 46.40.030
                                         AS 46.40.040

                                                                        68

                               6 AAC 85.030. ORGANIZATION. (a) Each district
                            program must include a description of the district program
                            organization for coastal management. Budgetary and staff needs
                            and, where appropriate, a schedule for necessary reorganization
                            must be included.
                               (b) The district program must clearly state the name and
                            address of the individual or organization within the district that
                            is assigned to receive from the state notice of proposed activities
                            and authorizations affecting the district, and that is responsible
                            for responding to the state on consistency reviews. (Eff.
                            7/18/78, Register 67; am 3/2/84, Register 89)
                            Authority: AS 44.19.161
                                       AS 46.40.030
                                       AS 46.40.040

                               6 AAC 85.040. BOUNDARIES. (a) Each district must
                            include a map of the boundaries of the coastal area within the
                            district subject to the district program. Boundaries must enclose
                            those lands which would reasonably be included in the coastal
                            area and subject to the district program if they were not subject
                            to the exclusive jurisdiction of the federal government.
                               (b) Before council approval of the district program, initial
                            boundaries must be based on Biophysical Boundaries of
                            Alaska's Coastal Zone (published by the Office of Coastal
                            Management and the Alaska Department of Fish and Game,
                            1978, a copy of which is on file with the Office of the
                            Lieutenant Governor, and which is available from the Office
                            of Coastal Management) and must include the zone of direct
                            interaction and the zone of direct influence.
                               (c) Final boundaries of the coastal area subject to the district
                            program may diverge from the initial boundaries if the final
                            boundaries
                               (1) extend inland and seaward to the extent necessary to
                            manage uses and activities that have or are likely to have a
                            direct and significant impact on marine coastal water; and
                               (2) include all transitional and intertidal areas, salt marshes,
                            saltwater wetlands, islands, and beaches.
                               (d) If the criteria in (c) of this section are met, final
                            boundaries of the coastal area subject to the district program
                            may be based on political jurisdiction, cultural features,
                            planning areas, watersheds, topographic features, uniform
                            setbacks, or the dependency of uses and activities on water
                            access.

                                                               69

                           (e) The boundaries of the district must be sufficiently
                        compatible with those of adjoining areas to allow consistent
                        administration of the Alaska coastal management program. (Eff.
                        7/18/78, Register 67; am 8/18/79, Register 71)

                        Authority: AS 44.19.161
                                   AS 46.40.040

                           6 AAC 85.050. RESOURCE INVENTORY. Each district
                        program must include a resource inventory which describes, in
                        a manner sufficient        for program       development       and
                        implementation
                           (1) habitats listed in 6 AAC 80.130 that are found within or
                        adjacent to the district;
                           (2) major cultural resources that are found within or adjacent
                        to the district;
                           (3) major land and water uses and activities which are
                        conducted within or adjacent to the district;
                           (4) major land and resource ownership and management
                        responsibilities within or adjacent to the district; and
                           (5) major historic, prehistoric, and archaeological resources
                        which are found within or adjacent to the district. (Eff.
                        7/18/78, Register 67)

                        Authority: AS 44.19.161
                                   AS 46.40.030
                                   AS 46.40.040

                           6 AAC 85.060. RESOURCE ANALYSIS. Each district
                        program must include a resource analysis which describes, in a
                        manner      sufficient   for    program     development        and
                        implementation
                           (1) significant anticipated changes in the matters identified
                        under 6 AAC 85.050;
                           (2) an evaluation of the environmental capability and
                        sensitivity of resources and habitats, including cultural
                        resources, for land and water uses and activities; and
                           (3) an assessment of the present and anticipated needs and
                        demands for coastal habitats and resources. (Eff. 7/18/78,
                        Register 67)

                        Authority- AS 44.19.161   AS 46.40.040
                                   AS 46.40.030

                                                         70

                              6 AAC 85.070. SUBJECT USES. Each district program
                           must include a description of the land and water uses and
                           activities which are subject to the district program. The uses
                           and activities mentioned in 6 AAC 80 are, if applicable, subject
                           to the district program. (Eff. 7/18/78, Register 67)

                           Authority: AS 44.19.161
                                     AS 46.40.030
                                     AS 46.40.040

                              6 AAC 85.080. PROPER AND IMPROPER USES. Each
                           district program must include a description of the uses and
                           activities, including uses of state concern, that will be
                           considered proper, and the uses and activities, including uses of
                           state concern, that will be considered improper within the
                           coastal area, including land and water use designations. This
                           description must be based on the district's statement of overall
                           needs, objectives, or goals, or the district's comprehensive land
                           and resource use plan, under 6 AAC 85.020, and must be
                           consistent with the standards contained in 6 AAC 80. (Eff.
                           7/18/78, Register 67)

                           Authority: AS 44.19.161
                                     AS 46.40.030
                                     AS 46.40.040

                              6 AAC 85.090. POLICIES. (a) Each district program must
                           include the policies that will be applied to land and water uses
                           and activities subject to the district program, and the process
                           which will be used to determine whether specific land and
                           water uses and activities will be allowed. It shall be the general
                           policy of the district to approve specific proposals for uses and
                           activities within areas designated for those uses and activities
                           under 6 AAC 85.080. Districts shall use existing means
                           appropriate for the evaluation of specific proposals to the
                           greatest extent feasible and prudent. Policies and procedures
                           under this section must be consistent with the standards
                           contained in 6 AAC 80 and must meet the following criteria:
                              (1) comprehensiveness, so as to apply to all uses, activities,
                           and areas in need of management;
                              (2) specificity, so as to allow clear under standing of who
                           will be affected by the district program, how they will be
                           affected, and whether specific proposals for land and water uses

                                                            71

                      and activities will be allowed; and
                         (3) enforceability, so as to insure implementation of and
                      adherence to the district program.
                         (b) All policies or enforceable rules of the district program
                      must be clearly identified and located in a single section of the
                      program document. The identified policies or enforceable rules
                      will provide the basis for all determinations of consistency with
                      the approved district program, (Eff. 7/18/78, Register 67; am
                      3/2/84, Register 89)

                      Authority: AS 44.19.161
                                 AS 46.40.030
                                 AS 46.40.040

                         6 AAC 85.100. IMPLEMENTATION. Each district
                      program    must include a descripticn of the methods and
                      authority which will be used to implement the district
                      program.   Methods and authority must be adequate to insure
                      program    implementation, and any additional methods or
                      authority  which are required must be specified. Methods and
                      authority  include land and water use plans,
                      municipal ordinances and resolutions, (including shoreline,
                      zoning, and subdivision ordinances and building codes), state
                      and federal statutes and regulations, capital improvement
                      programs, the purchase, sale, lease, or exchange of coastal land
                      and water resources, cooperative agreements, tax exemptions for
                      nondevelopment purchase of development rights, memoranda
                      of understanding, and coordinated project or permit review
                      procedures. (Eff. 7/18/78, Register 67)

                      Authority: AS 44.19.161
                                 AS 46.40.030
                                 AS 46.40.040

                         6 AAC 85.110. PUBLIC PARTICIPATION. Each
                      district program must include evidence of effective and
                      significant opportunities for public participation in program
                      development under 6 AAC 85.130. (Eff. 7/18/78, Register 67)

                      Authority: AS 44.19.161
                                 AS 46.40.030

                                                       72

                                             Article 2. Government Process

                                    Section
                                    120.  Submittals to council
                                    130.  Public involvement during program development
                                    140.  Coordination and review
                                    145.  Review of public hearing draft
                                    150.  Council review of district programs
                                    170.  Mediation
                                    180.  Effective date and local adoption
                                    185.  Petition for amendment to an approved
                                        district program regarding uses of
                                        state concern

                                        6 AAC 85.120. SUBMITTALS TO COUNCIL. (a)
                                    During program development, districts shall submit brief
                                    annual progress reports concerning program development to the
                                    council.
                                        (b) Following adoption of the final program under 6 AAC                                   District annual
                                    85.18o(b), districts shall submit brief annual progress reports                                   reports
                                    concerning program implementation to the council. The
                                    council will furnish copies of annual progress reports to any
                                    interested party upon request. An annual progress report must
                                    be submitted by December 31 of each year and must include
                                        (1) a statement describing the district's progress in fulfilling
                                    any conditions stipulated at the time of the council's approval
                                    of the district program;
                                        (2) a summary, on forms provided by the Office of Coastal
                                    Management, of significant district land and water use decisions
                                    and enforcement actions taken during the year;
                                        (3) a description of routine program implementation during
                                    the year;
                                        (4) additional details of the district program implementation,
                                    including the district's response to council recommendations
                                    made either at the time the district program was approved or
                                    as part of the council's continuing review after approval of the
                                    program; and
                                        (5) identification of any problems encountered in
                                    implementing the district program and recommendations for
                                    solution of the problems.
                                        (c) After conceptual approval as described in (d) of this
                                    section, a district program must be submitted to the council for
                                    approval as provided in 6 AAC 85.150, and a significant                                       Significant
                                    amendment to a district program must be submitted to the                                      amendment
                                    council, through the Office of Coastal Management, for
                                    approval. The Office of Coastal Management will review
                                    proposed amendments to determine if council approval is

                                                                                  73

                         required. The coastal resource district may make a
                         recommendation on whether council approval oi a proposed
                         amendment is required when the amendment to the district
                         program is submitted to the office. If the office determines that
                         council approval is required, the procedures set out in 6 AAC
                         85.150 apply. The office's determination is subject   to council
                         review when requested by a council member or the coastal
                         resource district.    Amendments to the district program
                         determined not to require council approval are matters of
                         routine program   implementation. Matters of routine program            Routine program
                         implementation will be considered incorporated into the                  implementation
                         district program without further council action. Timelv
                         notification of matters of routine program Implementation w1il
                         be made to the council and appropriate state and federal
                         agencies by the Office of Coastal Management.
                           (d) Before submitting a district program or a significant
                         amendment to a district program for approval, a district shall
                         conceptually approve the district program or amendment by               Conceptual approval
                         resolution of the district's governing body. However, a coastal
                         resource service area shall conceptually approve the district
                         program or amendment by resolution of the coastal resource
                         service area board. (Eff. 7/18/78, Register 67; am 5/2/81,
                         Register 78; am 9/9/81, Register 79; am 3/2/84, Register 89)

                         Authority:     AS 44.19.160   AS 46.4C.040
                                        AS 44.19.162   AS 46.4C.060
                                        AS 46.40.010   AS 46.40.070
                                        AS 46.40.030

                            6 AAC 85.130. PUBLIC INVOLVEMENT DURING
                         PROGRAM DEVELOPMENT. ',a) Districts shall provide
                         publicly advertised opportunities for public involvement in the
                         development of all program elements contained in 6 AAC
                         85.020 - 6 AAC 85.110.
                           (b) No less than two public meetings must be held within the
                                                               0
                         district during program development to inform the public and
                         receive comments concerning the program. A brief summary or
                         report of the matters considered at the public meeting held
                         under this subsection must be prepared by the district, made
                         available to the public, and retained for inclusion in the record
                         file referred to in 6 AAC 85.150.
                           (c) Districts shall provide the public, in a timely manner and
                         in understandable form, information explaining the district
                         coastal management program, the requirements of public
                         participation in program development, how and when the

                                                          74

                         public may participate in program development, what
                         information is available, and where that information may be                                 40
                         obtained. (Eff. 7/18/78, Register 67; am 8/18/79, Register 71;
                         am 3/2/84, Register 89)

                         Authority: AS 44.19.161
                                    AS 46.40.040

                            6 AAC 85.140. COORDINATION AND REVIEW.
                         Districts shall provide opportunities for coordination and
                         review by federal, state, and local governmental agencies,
                         including ad)acent districts, and other persons with a significant
                         interest in coastal resources or who are conducting or may
                         conduct  uses and activities that have or are likely to have a
                         direct and significant impact on the district's coastal area. (Eff.
                         7/18/78, Register 67)

                         Authority: AS 44.19.161
                                   AS 46.40.030
                                   AS 46.40.040

                            6 AAC 85.145. REVIEW OF PUBLIC HEARING
                         DRAFT. (a) This section applies to district programs and
                         significant amendments to district programs.
                            (b) A public hearing draft of the district program must be
                         distributed to all parties identified as having a significant
                         interest in the district program,      including those parties
                         described in 6 AAC 85.140. The mailing list of these parties
                         must be reviewed and approved by the Office of Coastal
                         Management. The public hearing draft must include all
                         elements to be included in the district program when it is
                         conceptually approved. At least a 60-day review period must be
                         provided. A transmittal letter that states the comment deadline        60 day review
                         and the recipient of comments must be sent with the
                         document. One or more review meetings may be sponsored by
                         the Office of Coastal Management, with the concurrence of the
                         district.
                           (c) Public notice of the availability of the document must be
                         given to any person who has requested it in writing, and               Public notice
                         through conspicuous advertisement in a newspaper of general
                         circulation within the district. Notice must also be posted in
                         villa ges and municipalities within the district. Comments
                         received by the deadline must be considered by the district and,

                                                          75

                          where appropriate, incorporated into the plan before conceptual
                          approval.
                            (d) A public hearing on the district program must be held              Public hearing
                          before conceptual approval is given and no sooner than 30 days
                          after distribution and notice of the public hearing draft under
                          (b) and (c) of this section. Notice specifying time and place of
                          the hearing must be provided to all who were provided the
                          public hearing draft, and also by conspicuous advertisement in
                          a newspaper of general circulation within the district and by
                          advertisement in a newspaper of general circulation within the
                          state. Notice must be given at least 30 days before the hearing
                          is held.
                            (e) At the public hearing, each person must be given the
                          opportunity to present statements orally or in writing. Districts
                          shall insure that translation into the appropriate native
                          languages is provided. A written transcript or electronic
                          recording of the public hearing must be provided to the
                          council. Comments offered at the hearing must be considered
                          by the district and, where appropriate, incorporated into the
                          plan before conceptual approval.
                            (f) Districts must give conceptual approval to their district          Conceptual approval
                          program before the program is submitted to the council.
                          District programs must be adopted by resolution of the
                          district's governing body except that coastal resource service
                          area plans must be adopted by resolution of the board. (Eff.
                          3/2/84, Register 89)

                          Authority: AS 44.19.161
                                    AS 46.40.030
                                    AS 46.40.040

                             6 AAC 85.150. COUNCIL REVIEW OF DISTRICT
                          PROGRAMS.          (a) A district may prepare findings and
                          conclusions on its progfam, based on AS 46.40.030, 46.40.060,
                          46.40.080, and the standards set out in this chapter.
                            (b) At least one copy of the district's conceptually approved          Concept-approved
                          program, including any changes made to the public hearing                     draft
                          draft, and the district's findings and conclusions or a written
                          statement indicating that the district has elected not to prepare
                          findings and conclusions, must be forwarded to the Office of
                          Coastal Management as soon as practicable after conceptual
                          approval. The district shall also submit a recording or transcript
                          of the public hearing held under 6 AAC 85.145(d), a list of
                          names and addresses of those who testified, and copies of all

                                                            76

                           materials on which it based its decision.
                             (c) Within 30 days after the district's submission to           the
                           Office of Coastal Management under (b) of this section,           the        Preliminary
                           office will prepare findings of fact and conclusions based on                 findings
                           authorities    cited   in    this   section,   to    comprise      its
                           recommendation on the program. Any material on which the
                           recommendation is based must be cited and placed in the
                           district record file described in (f) of this section.
                             (d) Before the Office of Coastal Management will submit a
                           program to the council review, the district must submit copies
                           of its conceptually approved program to the office in sufficient
                           number to allow distribution to the office's mailing list, the
                           council, and persons who testified at the public hearing or
                           presented written comments on the public hearing draft.
                             (e) The Office of Coastal Management will distribute the
                           district program, its recommendations, and the district's
                           recommendations, if any, to those identified in (d) of this
                           section and to any other person who has requested this material
                           in writing. This material will be distributed as soon as
                           practicable after the 30-day period allowed in (c) of this section.
                             (f) A record file containing all material submitted by the
                           district under this section, the Office of Coastal Management's
                           recommendations under this section, and all material on which
                           the recommendation was based must be maintained at the office
                           and at a convenient location within the district.                            45 day
                             (g) Within 45 days after the distribution of the Office of                 review
                           Coastal Management's recommendation, any person may
                           submit comments on the recommendation. Comments which
                           are not received within the 45-day period will not be
                           considered.
                             (h) Within 25 days after the deadline for submitting
                           comments to the council under (g) of this section, the Office of
                           Coastal Management will submit its response to the comments                  Revised
                           and, if appropriate, revised findings and conclusions to the                 findings
                           council and to all who responded to the original findings and
                           conclusions. All comments and additional material submitted
                           must be placed in the record files.
                             (i) Within a total of 45 days after the deadline in (g) of this
                           section, the council will approve or disapprove the district                 Council's
                           program  , in whole or in part. The council's decision will                  decision
                           contain findings and conclusions based on this chapter, the
                           standards contained in 6 AAC 80, AS 46.40.060, and 46.40.070.
                           The council's findings and conclusions will be based on
                           material contained in the record file. The council will, in its
                           discretion, adopt the findings and conclusions of the Office of
                           Coastal Management by reference.

                                                                  77

                           0) The council will serve its decision under this section on
                        all persons who submitted timely comments on the staff                      Notice of action
                        recommendation under (g) of this section, to all persons who
                        testified or submitted timely written statements at the public
                        hearing held under 6 AAC 85 145(d), and to all persons who
                        have requested a copy of the decision in writing. Notice of the
                        council's action also must be published, at a minimum, in
                        newspaper of general circulation in the district. (Eff. 7/18/78,
                        Register 67; am 1/22/81, Register 77; am 3/2/84, Register 89)
                        Authority: AS 44.19.160    AS 44.19.161
                                   AS 46.40.010    AS 46.40.030
                                   AS 46.40.040

                           6 AAC 85.170. MEDIATION. (a) If the council's decision
                        under 6 AAC 85.150(i) disapproves, in whole or in part, the
                        district program, the disapproved portion must be submitted to
                        mediation as required by AS 46.40.060(b). Before the initial
                        mediation session, the council will, in its discretion, call for one
                        or more public hearings in the district concerned, for the
                        purpose of discussing those portions of the program subject to
                        mediation. Public hearings must be preceded by 30 days' notice.
                        If public hearings are held, districts shall insure that, where
                        reasonably requested, translation into the appropriate Native
                        languages is provided. All public hearings must be electronically
                        recorded. Oral or written testimony may be submitted, except
                        that unduly repetitious testimony may be excluded. The oral
                        testimony and written submissions constitute the hearing
                        record, which must be transmitted to the mediator. Mediation
                        sessions will be conducted as follows:
                           (1) The parties to the mediation will be the council and the
                        district. The parties shall, within 10 days after the date of the
                        council's decision under 6 AAC 85.150(i), agree upon the
                        selection of a mediator. If the parties cannot agree, they shall
                        immediately, in writing, ask the Federal Mediation and
                        Conciliation Service to appoint a mediator. If that mediator is
                        unacceptable to either party, that party shall request the Federal
                        Mediation and Conciliation Service to submit to the parties the
                        names of three qualified mediators. Upon receipt of these
                        names, each party shall strike one name from the list and the
                        remaining name will be the mediator. A mediator shall perform
                        his or her duties in a manner consistent with the standards of
                        conduct set out in the Code of Professional Conduct for Labor
                        Mediators, referred to in and set out as an appendix to 29
                        C.F.R. 1400.735-20.

                                                           78

                               (2) Mediation sessions must be held within the district. The
                           mediator shall schedule the sessions, with due regard for the              Mediation held
                           convenience of the parties, upon at least seven days' notice,                in district
                           except that the parties may, by mutual consent, waive the
                           notice period. The parties shall mutually agree upon the place
                           of the meeting.
                               (3) The mediator shall schedule the first mediation session to
                           be held as soon as possible after he or she has been selected. At
                           the initial session, the mediator shall establish reasonable rules
                           of procedure. Mediation sessions must be conducted in a
                           manner so that the parties will have the assurance and
                           confidence that information disclosed to the mediator will
                           remain confidential. The mediator shall determine the length
                           and frequency of mediation sessions; however, if an accord is              Accord or
                           not reached within 60 days after the initial session, an impasse            impasse
                           will be declared by the mediator. By mutual consent of the
                           parties and the mediator, this deadline may be extended for a
                           period not to exceed an additional 30 days.
                               (4) If the mediator determines that an impasse has been
                           reached, he or she shall notify the parties in writing within 10
                           days after the determination is made.
                               (5) If the mediator determines that an accord has been
                           reached, he or she shall direct the parties to set out in writing
                           the terms of the agreement. This agreement, to be signed by the
                           parties, signifies the final settlement of.outstanding disputes,           Terms of
                           subject to ratification at a public meeting by the official bodies         agreement
                           of each party. With the approval of the parties, mediation may
                           be used to resolve any differences which may arise as the result
                           of the public meetings. After ratification under (a)(5) of this
                           section, the agreement may be set aside only for fraud,
                           misconduct, or gross mistake.
                               (b) If the council and the district reach accord in mediation
                           sessions held under (a) of this section, the council will, within
                           20 days after ratification by both parties, serve its modified
                           decision, in the form of an order, on the district and all persons
                           who were served with the council's decision under 6 AAC
                           85.150(i), and will place the modified decision in the record file.
                           The modified decision will contain findings and conclusions,
                           based on the record file and additional material presented
                           during mediation necessary to demonstrate that the modified
                           decision is consistent with this chapter, and the standards
                           contained in 6 AAC 80, AS 46.40.060, or 46.40.070.
                               (c) If the council and the district do not reach an accord, the
                           council will, within 20 days after a determination that an
                           impasse has been reached, set the matter for an adjudicatory               Adjudicatory
                           hearing under AS 46.40.060(c). Notice of the hearing must be                 hearing

                                                                  79

                      served on the district and on all persons who were served with
                      the council's decision under 6 AAC 85.150(i). Any person
                      served with notice of the hearing under this subsection may
                      intervene as a party to the hearing. (Eff. 3/2/84, Register 89)

                      Authority: AS 44.19.160   AS 46.40.030
                                AS 46.19.167    AS 46.40.040
                                AS 46.40.010

                         6 AAC 85.180. EFFECTIVE DATE AND LOCAL
                      ADOPTION. (a) A district program or significant amendment
                      to a district program takes effect as part of the Alaska Coastal
                                      V
                      Management Program upon the lieutenant governor's filing of             Lt. Governor
                      the council's decision approving the district program or                  filing
                      significant amendment. A change or an amendment in the
                      district program resulting t     .rom mediation under AS
                      46.40.060(b) and 6 AAC 85.170(a) and (b) or from adjudication
                      under AS 46.40.060(c) and 6 AAC 85.170(c) takes effect upon
                      the lieutenant governor's filing of the council's order either
                      ratifying the results of the mediation or determining the
                      adjudication. Filing will take place after local adoption as            Local adoption
                      provided in (b) of this section.
                        (b) Within 90 days after the date a district program or
                      significant amendment is approved by the council under 6
                      AAC 85.150, the district shall, by ordinance or resolution,
                      whichever is required by other applicable provision of law,
                      adopt the district program or amendment approved by the
                      council. However, a coastal resource service area shall adopt the
                      district program by resolution of the coastal resource service
                      area board. In the same manner, a change in a district program
                      resulting from mediation under AS 46.40.060(b) and 6 AAC
                      85.170(a) and (b) or from adjudication under AS 46.40.060(C)
                      and 6 AAC 85.170(c) must be adopted by the district following
                      the council's order under 6 AAC 85.170 (b) or (c) ratifying the
                      results of the mediation or determining the adjudication. (Eff.
                      3/2/84, Register 89)

                      Authority: AS 44.19.160   AS 46.40.040
                                AS 46.40.010    AS 46.40.060
                                AS 46.40.030    AS 46.40.070

      0

                                                         80

                                 6 AAC 85.185. PETITION FOR AMENDMENT TO
                              AN APPROVED DISTRICT PROGRAM REGARDING
                              USES OF STATE CONCERN. (a) A state agency or other
                              interested party may submit a petition for amendment to a
                              district program if there is substantial evidence that a use of
                              state concern, as defined in AS 46.40.210(6), is arbitrarily or
                              unreasonably restricted or excluded by the district program.
                              The petitioner must submit the petition to the division of
                              governmental coordination (DGQ, in the office of management
                              and budget, office of the Governor, and to the district. The
                              petition must include the following information:
                                 (1) identification of one or more uses of state concern that
                              are arbitrarily or unreasonably restricted or excluded by
                              implementation of the program;
                                 (2) specific documentation of how the use of state concern
                              is being arbitrarily or unreasonably restricted or excluded;
                                 (3) description of a significant change in circumstances or
                              new information that has arisen since program approval, which
                              provides a reasonable basis for concluding that the district
                              program arbitrarily or unreasonably restricts or excludes a use
                              of state concern; and
                                 (4) the proposed program amendment.
                                (b) DGC will review the petition for completeness and
                              distribute it to appropriate state agencies. Within 30 days after
                              the petition is submitted to DGC, DGC will, in consultation
                               ith the district, and the petiti
                              w                                i ioner, attempt to resolve the
                              petitioner's concerns without initiating a program amendment.
                              DGC will extend the 30-day consultation period by 20 days at
                              the request of the district, the involved state agencies or the
                              petitioner. DGC will, in its discretion, extend the consultation
                              period by up to 60 days if more time is needed for all parties
                              to assemble.
                                (c) If the concerns are not resolved through consultation and
                              if DGC, in consultation with the district, the involved state
                              agencies, and the petitioner, determines that after original
                              program approval a significant change in circumstances has
                              occurred or new information has developed that might cause
                              the program to arbitrarily or unreasonably restrict or exclude
                              a use of state concern, the procedure described in (d) of this
                              section applies.
                                (d) If the criteria in (c) of this section are met, then within
                              20 days after the end of the consultation period specified in (b)
                              of this section, DGC will distribute the petition, DGC's
                              evaluation of the proposed amendment, and the district's
                              response to the petition, to the council and to all parties
                              identified as having a significant interest in the district program,

                                                               81

                          including those parties described in 6 AAC 85.140. DGC's
                          evaluation will include:
                              (1) a summary of the proposed program amendment;
                              (2) an analysis of the evidence that the requirements in (c)
                          have been satisfied; and
                              (3) an evaluation of the amendment's consistency with the
                          Alaska Coastal'Management Program (ACMP).
                              (e) If the criteria established in (c) of this section are not met,
                          then DGC will report this finding to the council. DGC's
                          finding will be distributed to all parties involved during the
                          consultation period specified in (b:1    of this section and to the
                          council. DGC's finding is subject to council review if a review
                          is requested by a council member.
                              (f) The procedures set out In         AAC 85.150(g)             for
                          review of district programs apply to council review of a
                          petition under this section.
                              (g) The procedures set out In 6 AAC 85.170 for mediation
                          and adjudicatory hearings apply ir- the district is dissatisfied
                          with the council's decision on the petition.
                              (h) An amendment to a district program approved by the
                          council under (f) of this section -.-akes effect as part of the
                          ACMP upon the lieutenant governor's filing of the council's
                          decision approving the amendment. If mediation or an
                          adjudicatory hearing under (g) of this section occurs, an
                          amendment to a district program resulting from mediation
                          under AS 46.40.060(b) and 6 AAC 85.170(a) and (b) or from
                          adjudication under AS 46.40.060(c) and 6 AAC 85.170(c) takes
                          effect upon the lieutenant governor's filing of the council's
                          order either ratifying the results of the mediation or
                          determining the adjudication, respectively. (Eff. 8/23/86,
                          Register 99)

                          Authority: AS 44.19.160     AS 46.40.040
                                     AS 44.19.161     AS 46.40.060
                                     AS 46.40.010

                              6 AAC 85.900. DEFINITIONS. Unless the context
                          indicates otherwise, in this chapter
                              (1) "beaches" means the area affected by wave action directly
                          from the sea;
                              (2) "marine coastal water" means water adjacent to
                          shorelines which contains a measurable quantity of seawater,
                          including sounds, bays, lagoons, bayous, ponds and estuaries,
                          and the living resources which are dependent on these bodies

                                                             82

                          of water;
                              (3) "council" means the Alaska Coastal Policy Council;
                              (4) "district" means a coastal resource district as defined in
                          AS 46.40.210(2);
                              (5) "district program" means a district coastal management
                          program;
                              (6) "islands" means bodies of land surrounded by water on
                          all sides; interior portions of major islands may be excluded
                          from the coastal area if uses of these islands do not cause direct
                          and significant impacts on coastal waters;
                              (7) "saltwater wetlands" has the same meaning as that
                          contained in 6 AAC 80.900(19);
                              (8) "transitional and intertidal areas" means areas subject
                          to periodic or occasional inundation by tides, including coastal
                          floodplains, storm surge areas, tsunami and hurricane zones,
                          and washover channels;
                              (9) "feasible and prudent" has the same meaning as in 6
                          AAC 80.900;
                              (10) "including" has the same meaning as in 6 AAC 80.900;
                          and
                              (11) "significant amendment" means an amendment to an
                          approved district program which
                                 (A) results in a major revision, addition or deletion to the
                          policies or implementation methods or authorities included in
                          the district program under 6 AAC 85.090 and 6 AAC 85.100;
                                (B) alters the district boundaries, other than by technical
                          adjustments;
                                (C) designates an area which merits special attention or
                          alters an existing area which merits special attention
                          designation; or
                                (D) restricts or excludes a use of state concern not
                          previously restricted or excluded. (Eff. 7/18/78, Register 67; am
                          8/18/79, Register 71; am 9/9/81, Register 79; am 3/2/84,
                          Register 89)

                          Authority: AS 44.19.160   AS 46.40.040
                                     AS 44.19.161   AS 46.40.060
                                    AS 46.40.010(c)  AS 46.40.070

                                                               83

                                                                                                                                h

                   OTBIER DEPARTMENT STATUTES AND REGULATIONS
                        THAT ARE INCORPORATED INTO THE ACMP

               The Alaska Forest Resources and Practices Act and Regulations are
               incorporated into the ACMP under 6 AAC 80.100 with respect to
               the harvest and processing of timber.

               Likewise, Alaska Department of Environmental Conservation
               statutes and regulations are incorporated into the ACMP under 6
               AAC 80.140 with respect to the protection of air, land, and water
               quality.

               Listed below are the citations for statutes and regulations:

               Alaska Department of Natural Resources

                     Alaska Forest Resources and Practices Act
                     AS 41.17.010 - .950

                     Alaska Forest Resources and Practices Regulations
                     11 AAC 95.185 - .255

               Department of Environmental Conservation

                     Powers of the department.
                     Solid Waste Management
                     Wastewater Discharge
                     AS 46.03

                     Oil and Hazardous Substance Pollution Control
                     AS 46.04

                     Hazardous Substance Release Control
                     AS 46.09

                     Air Quality Control
                     AS 46.14

                                                 84

    'N

                                                                                                                             @k

                                                                                                                              1

                            Alaska Coastal Management Program
                                                                             Documents

             The State statutes, regulations and program documents, coupled with the coastal
             district program documents, constitute the Alaska Coastal Management Program. State
             ACMP standards (6 AAC 80) and district program enforceable policies form the basis
             for ACMP consistency reviews.

             STATE DOCUMENTS

             State of Alaska Coastal Management Program and Final Environmental Impact
                 Statement, May 1979
             National Oceanic and Atmospheric Administration Findings and Approval
                 of the Alaska Coastal Management Program, July 6, 1979
             Coastal Zone Boundaries of Alaska, June 1988 (updated June 1991)
             Alaska Statutes Title 44.19.145-152 and Title 46.40
             Alaska Administrative Code Title 6, Chapters 50. 80. and 85

             COASTAL DISTRICT PROGRAM DOCUMENTS

             Each district program original effective date and subsequent revision dates are
             indicated in parentheses. Documents containing district policies enforceable in ACMP
             consistency reviews are indicated with an asterisk.

             Aleutians East Borough (1989; 1992)
                 An Analysis of Potential Development and Environmental Sensitivity in the
                   Aleutians East Coastal Resource Service Area. Volume III, July 1985
                 Resource Inventory for the Aleutians East Coastal Resource Service Area.
                   Volume 11. June 1986
                 Aleutians East Borough Akutan Attachment. Maps A, B. C, D. E, H, June 1990
                 Supplemental Resource Inventory for Port Heiden/Stepovak Bay, Maps 1-5.
                   January 1991
                 Aleutians East Borough Coastal Management Program, April 19933*

             Aleutians West Coastal Resource Service Area (1991)
                 Annotated Bibliography of Resource Information for AWCRSA, June 1988
                 AWCRSA Vol. 11 Resource Maps, 1989
                 AWCRSA Vol. 11 Resource Inventory & Analysis, March 1990
                 AWCRSA Vol III Coastal Management Plan, Final Approved Plan, December 1991*

                                                   85

                    Municipality of Anchorage (1981; 1982; 1987)
                       Anchorage Coastal Resource Atlas, December 1980
                       Anchorage Coastal Scenic Resources and Public Access Plan. 1981
                       Anchorage Wetlands Management Plan. February 19822*
                       Anchorage Coastal Management Program, July 1987*

                    City of Angoon (1990; 1992)
                       Angoon Coastal Management Program, Final Approved Plan, June 1992*
                       Areas Meriting Special Attention Plan for Mitchell, Hood and Chalk-Whitewater
                          Bays, Final Approved Plan, June 1992*
                       Note: Both plans are contained in a single binder.

                    Annette Island Indian Reserve (1980)
                       Annette Island Coastal Management Program, November 1979*
                          Program Amendment, February 1981*

                    Areas Which Merit Special Attention (1983)
                       Areas Which Merit Special Attention in Southern Alaska, July 1983*

                    Bering Straits Coastal Resource Service Area (1989)
                       Bering Straits Resource Inventory, Volume 1. October 1984
                       Bering Straits Conceptually Approved, Resource Analysis, Volume 2. October 1986
                       Bering Straits Coastal Management Plan, Volume 3). June 1991*

                    City of Bethel (1984)
                       City of Bethel Coastal Management Plan, January 1984*
                       City of Bethel Drainage Management Plan. December 1985*

                    Bristol Bay Borough (1984)
                       Bristol Bay Borough Coastal Management Program, January 1993*

                    Bristol Bay Coastal Resource Service Area (CRSA) (1987; 1990)
                       Bristol Bay CRSA Coastal Management Program, Volume 1, Resource Inventory.
                         January 1984
                       Bristol Bay CRSA Coastal Management Program, Volume 2, Management Plan,
                         February 1987*
                       Nushagak and Mulchatna Rivers Recreation Management Plan, August 1990*

                    Cefialiulriit Coastal Resource Service Area (1985)
                       Cefialiulriit Coastal Management Program, March 1985*

                    City of Cordova and Eyak Lake AMSA (1986)
                       Eyak Lake Area Which Merits Special Attention (AMSA) Plan. March 1985*
                         Coastal Policy Council Order of Approval for the Eyak Lake AMSA Plan,
                         May 1986*
                       Cordova Coastal Management Program, November 1986*

                                                           86

            City of Craig (1985)
                Craig Coastal Management Program, July 1984*
                   Coastal Policy Council Order of Approval, December 1984*
                Craig boundary change (Routine Program Implementation), May 1990

            City of Haines (1980; 1982; 1993)
                City of Haines, Port Chilkoot/Portage Cove Area Meriting Special Attention
                   (waterfront design study), August 1982*
                Haines Coastal Management Program, September 1993*

            City of Hoonah (1984)
                Hoonah Coastal Management Program,, February 1984*

            City of Hydaburg (1983)
                Hydaburg Coastal Management Program, January 1983*
                   Coastal Policy Council Order of Approval, April 19833*

            City and Borough of Juneau (1986; 1992; 1993)
                Downtown Waterfront Plan. Fall 1985
                Juneau Coastal Management Program. November 1986*
                   Policy Revision (RPI). October 1992*
                Juneau Wetlands Management Plan, February 1991*
                   CPC Order of Approval, October 1991*
                   Revisions to Wetlands Classifications (RPI), June 1993*

              City of Kake (1985)
                 Kake Coastal Management Program. June 1984*

              Kenai Peninsula Borough (1990; 1992)
                 Kenai Peninsula Borough Coastal Management Program. June 1990*
                 Port Graham/Nanwalek Area Which Merits Special Attention Plan, March 1992*

              Ketchikan Gateway Borough (1984)
                 Ketchikan Gateway Borough Coastal Management Program. July 1983*
                 Ketchikan Gateway Borough Coastal Management Program, revised pages,
                   April 1984*
                 Ketchikan CMP District Abstract with Enforceable Policies, December 1988*

              City of Klawock (1985)
                 Klawock Coastal Management Plan, June 1984*
                    Coastal Policy Council Order of Approval, December 1984*

                                                 87

                    Kodiak Island Borough (1984)
                       Kodiak Island Borough Coastal Management Program, Resource Maps. June 1981
                       Kodiak Island Borough Coastal Management Program, Progress Report Reprint
                                (resource inventory), June 1983
                       Kodiak Island Borough Coastal Management Program, June 1983 (reprinted 1988)*

                    Matanuska-Susitna Borough (1984; 1993)
                       Matanuska- Susitna Borough Coastal Management Plan. September 1987*
                       Matanuska- S us itna Borough Coastal Management Plan Appendices, September 1987
                          Coastal Policy Council Order of Approval. Amendment to Coastal Habitats
                          Policy 2, March 1988*
                       Point MacKenzie AMSA, May 1993*
                          Coastal Policy Council Order of Approval, February 9, 1993*

                    City of Nome (1984)
                       Nome Coastal Management Program, Background Report. Part 1. July 1981
                       Nome Coastal Management Program. October 1983*
                          Minor Amendments to Land Use Designations, July 1984
                    North Slope Borough (1988)
                       North Slope Borough Coastal Management Program. Background Report, 1984
                       North Slope Borough Coastal Management Program. Resource Atlas. July 1984
                       North Slope Borough Coastal Management Program, April 1988*

                    Northwest Arctic Borough (1989)
                       NANA Region Coastal Management Plan. October 1985, Volumes 1-"3*
                          Coastal Policy Council Order of Approval, May 22, 1986*
                       NANA CRSA Coastal Management Program Policies. Chapter 6.0 revised. December 1989*
                       Northwest Arctic Borough Coastal Management Program Policies A- I and G-6 (revised,
                        December 1989*

                    City of Pelican (1984; 1994)
                       Pelican Coastal Management Program. January 1994*

                    City and Borough of Sitka (1985; 1989; 1993)
                       Sitka District Coastal Management Program. May 1989*
                       Sitka Public Use Management Plan. June 1993*

                    City of Skagway (1983; 1991)
                       Skagway Coastal Management Program, May 1991
                       Port of Skagway and Skagway River AMSAs. April 1991 with replacement
                        pages inserted 1993*

                    City of St. Paul (1989)
                       St. Paul Coastal Management Plan. June 1988*

                                                           88

               City of Thorne Bay (1992)
                  Thorne Bay District Coastal Management Program, September 1992*

               City of Valdez (1987)
                  Valdez Coastal Management Program, September 1986*
                     Pro ram Addendum. Januarv 1987*
                        9

               City of Whittier (1990)
                  Whittier Coastal Management Plan, September 1989*
                     Coastal Policy Council Order of Approval, September 1989*

               City of Yakutat (198 1)
                  Yakutat Coastal Management Program. January 1981*

                                                  89

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                                                                                                                             or

                                   Index of Legal Opinions and Memoranda
                              Related to Alaska Coastal Management Program

                     The following is a list of Attorney General opinions, listed by general topic
                     and dates of the opinion or memorandum. To receive a copy of an opinion,
                     contact the Division of Governmental Coordination.

                     Coastal Polic3@ Council Procedures/Petitions/Issues                       DATE

                     Alaska Coastal Policy Council Member's Eligibility
                       to hear petitions under AS 46.40.100                                   3/02/93
                     Petition for Reconsideration before the Coastal
                       Policy Council                                                         9/25/89
                     Amendments to CPC Orders of Approval                                     8/18/87
                     CPC authority to approve permit notification areas                       6/08/87
                     Teleconferencing CPC meetings                                            4/08/87
                     Amendments to CPC Orders of Approval                                     5/19/86
                     Employment of CPC member by coastal resource district                    4/05/85
                     CPC review of Uses of State Concern                                      1/14/85
                     CPC procedures re: conflicts of interest                                 3/08/84
                     Conflicts of interest guidelines for members of
                       Boards and Commissions                                                 9/23/83
                     Fish Creek Access group petition                                       10/14/81
                     Stipend for CPC members                                                  3/09/81
                     Legislative oversight of CPC                                           10/08/80
                     Replacement of incumbent public members on CPC                         10/06/80
                     Replacement of incumbent public members on CPC                           9/29/80

                     District Coastal Management Programs/Local Implementation

                     District coastal management programs                                     4/14/88
                     jurisdictional limitations of municipalities with
                       respect to offshore waters                                             1/21/88
                     Questions concerning petition to form Aleutians
                       East Borough                                                           7/07/87
                     Amendment to Hoonah CMP                                                  1/28/87
                     Implementation of district programs absent
                       federal approval                                                     12/18/86
                     Enforceability of intent statements incorporated in
                       coastal district programs                                            11/26/86
                     Special Area designation in district CMPs                                4/28/86
                     Coastal district recognition of "tribal government"                      3/17/86

                                                             92

                            Enforceability of intent statements re: NSB program                       11/29/85
                            Coastal district boundaries                                               1/10/85
                            Mat-Su Borough CMP mediation                                              2/09/84
                            Kotzebue airport Tract IV                                                 7/02/82
                            Current status of Nome corporate boundaries                               10/22/81
                            Comparison of local government planning powers under
                              Titles 29 and 46                                                        8/24/81
                            Order approving a district program                                        3/03/81
                            Effective date of coastal management local district
                              programs                                                                7/29/80
                            Local zoning authority over State oil and gas
                              development                                                             5/12/80
                            Local government management of Uses of State Concern
                              under the ACMA                                                          4/09/79

                            Coastal Resource Service Area Issues

                            Coastal Resource Service Area's ability to
                              receive funds                                                           2/19/91
                            Resectioning Bering Straits CRSA election district                        4/07/87
                            CRSAs: Voting Rights Act                                                  9/20/85
                            Standards for establishing service areas                                  8/26/85
                            Status of existing coastal districts when a new CRSA
                              is formed                                                               2/15/85
                            Organization and planning within coastal resource areas                   11/08/84
                            Inclusion of Akutan in Aleutians East CRSA                                10/23/84
                            Participation of municipal coastal districts in new CRSA                  5/29/84
                            CRSA boundaries                                                           12/16/83
                            Formation of CRSA in a third-class borough                                11/15/82
                            Implementation of CRSA district CMPs by State agencies                    4/20/82
                            Reapportionment of CRSA election sections                                 2/17/81
                            Compensation for CRSA Board members                                       12/21/81
                            Bering Strait School Board; vacancy on REAA Board seat                    9/03/80
                            Power of CRSA Board to determine vacancies                                5/13/80
                            Timing of municipal Inclusion in CRSA                                     4/12/79

                            Areas -Which Merit Special Attention LAMSA)

                            Approval of AMSAs by 2/3 majority vote                                    7/26/84
                            AMSAs                                                                     3/23/84
                            AMSAs which cross coastal resource district boundaries                    3/02/82
                            Designation of an AMSA on State land in the unorganized
                              borough                                                                 3/10/81

                                                                   93

                     State Consistency Reviews

                     Review of 6 AAC 80.040 and Summary of 8/10/92 AG Op.
                      on the meaning of "public need"                                         1/18/91
                     Enforceability of "homeless" stipulations                                8/27/90
                     Interplay between Alaska Forest Practices Act
                      and regulations adopted under it and the standards
                      of the ACMP                                                             9/29/88
                     Scope of Public Trust Doctrine in Alaska                                 5/19/88
                     Timber Task Force inquiry re: meaning of "project"
                      in the ACMP                                                             5/06/85
                     Appeals procedures for consistency determinations                        9/12/84
                     Review of Auk Nu Cove project consistency determination                  8/16/84
                     Repeal of adjudicatory hearing regulations                               9/28/84
                     ACMP consistency requirement for well-drilling permit                    7/11/84
                     Meaning of "public need" as used in ACMP regulations                     8/10/82
                     Scope of ACMP consistency determinations                                 7/16/82
                     BORAX bulk sampling - special use permit approval                        5/14/82
                     Rights created by shore fisheries leases                                 7/06/81
                     Consistency determinations                                               6/01/81
                     Preemption of ACMP standards by Forest Practice
                      regulations                                                             4/20/81
                     ACMP consistency-weight accorded district programs                       1/21/81
                     Letter: John Chenoweth, LAA, to Rep. Nels Anderson, Jr.,
    ,91h              re: degree of participation of entities representing
                      residents of unorganized borough in making consistency
                      determinations under State's CMP                                       11/28/80
                     Prudhoe Bay Waterflood Project and submerged lands claims               10/30/80
                     Notice for shore fishery leases                                          9/04/80
                     Notice requirement for shore fishery lease after
                      adjudication of a protest                                               7/17/80
                     State vs. ALIVE Voluntary re: Status of approval
                      of coastal zone management regulations                                  3/06/80
                     "Feasible and prudent" circumstances under which CPC's
                      policies may be modified                                                9/26/79
                     Forest Practices Act preemption of coastal management
                      standards                                                              12/04/78
                     State agency implementation of ACMF standards                           10/26/78
                     Wastewater regulations (18 AAC 72)                                       1/03/77
                     Dredge or fill permit jurisdiction under AS 46.03.100                   11/13/75

                     Tideland issues

                     Regulations re: coastal management guidelines and
                      standards (6 AAC 80 and 85)                                             5/08/78
                     Access to State tidelands                                               12/02/85
                                                            94

                              Can DFG do habitat enhancement on uplifted tideland
                                in Prince William Sound?                                                  8/02/85
                              Application of City of Nome for conveyance of tidelands
                                and submerged lands from the State                                        11/26/84
                              State leases of tidelands                                                   9/26/83
                              State prospecting permits on State tidelands                                12/03/80
                              Review Haines tideland application                                          4/26/78
                              Unused federal improvements on State tidelands                              9/21/77
                              Effect of earthquake on ownership of tidelands                              5/18/66
                              Transfer of tidelands from State to City of Anchorage                       3/20/64
                              Application of City of Anchorage for conveyance of
                                tidelands from the State to the City                                      3/18/64
                              Alaska tidelands                                                            3/13/62

                              Federal Consistenc3: Issues/012inions/MOUs

                              CZMA/Endangered Species Act: State's authority                              9/10/87
                              Ninth Circuit Opinion re: Lease Sale 92 injunction                          4/29/86
                              COE Jurisdiction in upland areas                                            12/09/85
                              ACMP review of U.S. Forest Service timber sales                             10/05/84
                              Applicability of ACMP policies regarding interference
                                with commercial fishing to OCS development activities                     7/30/84
                              July 1984 NPR-A lease sale                                                  5/11/84
                              Joint land disposal MOU                                                     12/30/83
                              Legal basis for EPA's decision not to appeal court
                                order directing Shee Atika to obtain NPDES permit                         11/16/83
                              State Water Quality Standards in federal OCS waters                         9/14/83
                              Appeal regulations for federal consistency determinations                   1/20/83
                              Interrelationship of Magnuson Act and CZMA;
                                federal consistency and fishery management plans                          11/24/82
                              Interpretation of �109(f)(1)(B) of the Marine
                                Mammal Protection Act                                                     10/08/82
                              New COE regulations - Nationwide permits for
                                categories of waters                                                      9/21/82
                              New Jersey vs. Department of the Interior re: OCS
                                lease sales in violation of the CZMA                                      9/07/82
                              OCS Lease Sale 71                                                           8/16/82
                              Ninth Circuit opinion re: OCS leases off the coast
                                of California                                                             8/12/82
                              Regulations re: appeals of federal consistency determinations               6/14/82
                              Consistency determinations on OCS lease sales                               6/11/82
                              Washington vs. Northern Tier Pipeline Company and COE
                                re: permits for crude oil terminal and pipeline                           5/12/82
                              Supreme Court Opinion re: leasing offshore tracts in
                                the Beaufort Sea for oil and gas exploration
                                and development                                                           5/07/82
                                                                      95

                       Incorporation of ACMP stipulations on COE �404 permits                       2/17/82
                       Washington vs. U.S.; judgement and Order on the
                         excluded lands litigation                                                  8/13/81
                       "Taking" under CZMA and Clean Water Act                                      6/19/80
                       SAG Delta-Wells 7 and 8 - Consistency under ACMP                             5/15/80
                       Whether preleasing activities of Secretary of Interior
                         relating to the OCS are subject to the consistency
                         requirement of �307(c)(1) of the CZMA                                      4/20/79
                       U.S. vs. California, Dominion over submerged lands                           5/15/78
                       1961 MOU between DNR and Forest Service, Region 10                           6/08/77
                       Nunivak Wilderness Study - Ownership of submerged lands                     10/08/73

                       Other Topics

                       State legislator serving on Land Use Advisory Committee                      4/12/88
                       R.S. 2477s - roads, rights-of-way and riddles                               11/16/87
                       Open meetings                                                                5/28/87
                       Review of SB 114, legislative approval of ACMP                               4/01/87
                       Permit reform and adjudicatory hearing procedures                           11/30/84
                       Amendments to ACMA proposed by Sealaska Corporation                          3/15/84
                       Incorporating State Area Plans into the ACMP                                 2/17/84
                       Angoon and Sierra Club vs. DEC and Shee Atika, Inc.                          2/10/83
                       Executive Order 53                                                           2/08/83
                       Public disclosure regulations                                               12/27/82
                       Public disclosure regulations                                                4/12/82
                       Validity of Offshore Prospecting Permit regulations                          2/05/82
                       State-Native fundamental policy questions                                    1/15/82
                       Legislative Council membership                                               7/22/81
                       Application of Open Meetings Law to informal meetings                        5/11/81
                       Status of nonprofit native corporations re: coastal zone
                         management regulations                                                     4/30/81
                       Severability of ACMA legislative app,roval requirements                      4/29/80
                       Public and charitable use land disposals                                    10/17/78
                       Changes to CEIP regulations to include regional
                         salmon enhancement authorities and regional
                         electric authorities                                                       8/09/78
                       Legislative approval of CMP                                                  5/05/78
                       Baselines and artificial islands                                            12/22/77

                                                                 96

                                                                                                                               L

                                                                                                                             or

                                    1990 AMENDMENTS

                                                TO THE

                     COASTAL ZONE MANAGEMENT ACT:

                                           A SUMMARY

                                                    see

                    T 09 co
                 01 tT4 .11w           Coastal Zone information Center                   Ile
                              Office of Ocean and Coastal Resource management
                                                                           ment
                          V
                               National Oceanic arC AtmcsC)hehC Aaministration
                                     1305 East West HiSbwAy,
                    FEE                  Silver Spring, MD 20910
                                         (301) 713-3086                              -V*V

                                                97

                                 COASTAL ZONE NLANAGENIENT ACT REAUTHORIZATION

                           On November 5, 1990, the President signed the Coastal Zone Management Act
                     Amendments of 1990 (the Act), which reauthorized for five years the coastal zone
                     management and estuarine research reserve programs. Approved by Congress Just
                     before it recessed for the November elections, the Act is designed to modernize and
                     strengthen the Coastal Zone Management Act (CZM.A) to address the new and
                     emerging coastal issues of the 1990s. The Act makes a number of changes to the
                     CZM.A, including the addition of Outer Continental Shelf oil and gas lease sales to the
                     Federal consistency provisions, the establishment of state coastal water quality protection
                     programs, and the creation of a new enhancement grants program.

                           The final version of the five-year CZMA reauthorization, which was tied
                     strategically to the Omnibus Budget Reconciliation Act of 1990, was negotiated by
                     conferees iforn the Senate Commerce, Science and Transportation Committee and the
                     House Merchant Marine and Fisheries Committee, as part of the House-Senate
                     conference on the budget deficit reconciliation package. The conferees worked with the
                     Senate Environment and Public Works Committee and the House Public Works and
                     Transportation Committee to reach a compromise regarding the coastal water quality
                     provisions. The final language reflects a compromise between the House-passed CZMA
                     reauthorization bill, H.R. 5665, and a similar Senate measure (S. 2782).

                     Federal Consistencv

                           The final bill amends the Federal consistency provisions (Section 307) to overturn
                     the Supreme Court's 1984 decision in Secretary of the Interior v. California and make
                     clear that Outer Continental Shelf (OCS) oil and gas lease sales are subject to the
                     requirements of Section 307(c)(1). The new language clarifies that all Federal agency
                     activities, including OCS oil and gas lease sales and the designation of ocean dumping
                     sites, whether in or outside of the coastal zone, are subject to the consistency
                     requirements of Section 307(c)(1) of the CZNLA if they affect natural resources, land
                     uses or water uses in the coastal zone. This is in keeping with NOAA's current
                     regulations, which say that the geographic scope of Federal consistency review is based
                     on the effect of a Federal activity on coastal zone uses and resources, not on the location
                     of the activity.
                           In the conference report on the bill, the House and Senate conferees provided a
                     clarification regarding a Federal agency's determination of whether a specific Federal
                     agency activity may affect any natural resource, land use, or water use in the coastal
                     zone. The conferees stated that this determination "is to include effects in the coasW

                                                           96

              zone which the federal agency may reasonably anticipate as a result of its action, includinc,
              cumulative and secondary effects. Therefore, the term 'affecting' is to be construed broadly,
                                                                              P
              including direct effects which may be caused by the activity and are later in time or farther
              removed in distance, but are still reasonably foreseeable."

                      A new provision is added to the CZNL4L, Section 307(c)(2), which authorizes the
                President to exempt a specific Federal project if the President determines that it is in the
                paramount interest of the U.S. This exemption can only arise after a Federal court has
                determined that the Federal agency activity is inconsistent with a state CZM program.
                The provision is based on similar exemption provisions in other environmental statutes,
                including the Clean Water Act and the Clean Air Act. The Act clarifies that the
                exemption can not be applicable to a class of Federal agency activities, only to a
                specific activity.

                Coastal Nonpoint -Pollution Control

                       The Act established a new, stand alone provision which requires states and
                territories with federally-approved CZM programs to develop a Coastal Nonpoint
                Pollution Control Program (CNPCP). The program, which must be submitted to NOAA
                and the Environmental Protection Agency for approval, will be implemented through
                changes to both the state coastal management and nonpoint source management
                programs (Section 319 of the Clean Water Act). The purpose of the program is to
                develop and implement management measures for nonpoint source pollution control to
                restore and protect coastal waters, working in close conjunction with other state and local
                authorities. "ne statute defines "management measures" as "economically achievable
                measures for the control of the addition of pollutants from e)dsting and new categories
                and classes of nonpoint sources of pollution, which reflect the greatest degree of
                pollutant reduction achievable through the application of the best available nonpoint
                pollution control practices, technologies, processes, siting criteria, operating methods, or
                other alternatives."

                       Under this new section, EPA must publish guidance, in consultation with NOAA
                and other Federal agencies, specifying management measures for sources of nonpoint
                pollution in coastal waters. The guidance must include: (1) a description of a range of
                methods, measures, or practices, including structural and nonstructural controls and
                operation and maintenance procedures, that constitute each measure; (2) a description of
                the categories and subcategories of activities and locations for which each measure may
                be suitable; (3) an identification of the individual pollutants or categories or classes of
                pollutants that may be controlled by the measures and the water quality effects of the
                measures; (4) quantitative estimates of the pollution reduction effects of the measures;
                (5) a description of the factors which should be taken into account in adapting the
                measures to specific sites or locations; and (6) any necessary monitoring techniques to
                accompany the measures to assess over time the success of the measures in reducing
                pollution loads and improving water quality. Draft guidance must be published six

                                                           99

                      months after enactment, with final guidance due within 18 months. Coastal states and
                      other interested parties must have an opportunity to provide written comments on the
                      draft guidance.

                             States have 30 months from issuance of final guidance to comply with this
                      requirement. States which fail to submit approvable programs could 1@se up to 30
                      percent of their funding under Section 306 of the CZIMA and Section 319 of the Clean
                      Water Act. In addition to providing management measures, the programs must contain,
                      among other things: identification of land uses which individually or cumulatively may
                      cause or contribute significantly to the degradation of certain coastal waters;
                      identification of "critical coastal areas" within which any new land uses or substantial
                      expansion of existing land uses will be subject to the management measures;
                      implementation of additional management measures applicable to the land uses and
                      identified coastal areas that are necessary to achieve and maintain applicable water
                      quality standards under Section 303 of the Clean Water Act; provision of technical
                      assistance to local governments and the public for implementing the management
                      measures; opportunities for public participation in all aspects of the program; and
                      establishment of mechanisms to improve coordination among state agencies and between
                      state and local officials.

                             NOAA and EPA are required to provide technical assistance to coastal states and
                      local governments in developing and implementing programs under this section. The
                      assistance must include: methods for assessing water quality impacts associated with
                      coastal land uses; methods for assessing the cumulative water quality effects of coastal
                      development; maintaining an inventory of model ordinances, and providing other
                      assistance to coastal states and local governments in identifying, developing and *
                      implementing pollution control measures; and methods to predict and assess the effects
                      of coastal land use management measures on coastal water quality and designated uses.

                             The Act also requires the Secretary of Commerce, in consultation with EPA, to
                      review the inland coastal zone boundary of each coastal state with a federally-approved
                      program and evaluate whether the state's coastal zone boundary extends inland to the
                      extent necessary to control the land and water uses that have a significant impact on
                      coastal waters of the state. This review must be completed within 18 months of
                      enactment. If the Secretary finds that modifications are necessary for a state to more
                      effectively manage land and water uses to protect coastal waters, he must recommend
                      appropriate modifications in writing to the state.

                      CZM Proeram Enhancements

                             CZMA's Section 309 was revised to establish a new enhancements grant program
                      to encourage states to continually improve their federally-approved CZM programs in
                      one or more of eight identified areas. The "Coastal Zone Enhancement Objectives"

                                                         100

                  include: (1) coastal wetlands management and protection, (2) natural hazards
                  management (including the potential for sea and Great Lakes level rise), (3) public
                  access improvements; (4) reduction of marine debris, (5) assessment of cumulative and
                  secondary impacts of coastal development; (6) special area management planning; (7)
                  ocean resource planning; and (8) siting of coastal energy and government facilities.

                         Beginning in Fiscal Year 1991, the Secretary is authorized to make grants (not less
                  than 10 percent and not more than 20 percent of ihe amounts appropriated under
                  Sections 306 and 306A of the CZMA') to coastal states to provide funding for
                  development and submission for Federal approval of program changes that support
                  attainment of one or more of the coastal zone enhancement objectives. As part of this
                  effort, the Secretary is required to evaluate and rank state proposals for funding, and
                  make funding awards based on those proposals. The Secretary has the authority to
                  suspend a state's eli ibility for funding under Section 309 for at least one year, if the
                                      9
                  Secretary finds that the state is not undertaking the actions committed to under the terms
                  of the 309 grant.

                         NOAA must issue regulations relating to the new Section 309 within 12 months of
                  enactment (by November 5, 1991). The regulations must establish: "(1) specific and
                  detailed criteria that must be addressed by a coastal state (including the state's priority
                  needs for improvement as identified by the Secretary after careful consultation with the
                  state) as part of the state's development and implementation of coastal zone
                  enhancement objectives; (2) administrative or procedural rules or requirements as
                  necessary to facilitate the development and implementation of such objectives by coastal
                  states; and (3) other funding award criteria as are necessary or appropriate to ensure
                  that evaluations of proposals, and decisions to award funding, under this section are
                  based on objective standards applied fairly and equitably to those proposals."

                  Coastal Zone ManaZernent Fund

                         The Act repeals the Coastal Energy Impact Program (CEIP), but requires that
                  repayments of the remaining $87.5 miWon in program loans still outstanding be deposited
                  into a new "Coastal Zone Management Fund" as they are repaid. Section 308(b)(2)
                  authorizes the Secretary to expend amounts in the Fund for administration of the CZM
                  program and for specified discretionary activities: regional and interstate projects
                  (formerly Section 309); demonstration projects; emergency assistance; excellence awards
                  pursuant to Section 313; program development grants pursuant to Section 305; and to
                  assist states in applying the public trust doctrine in the implementation of their CZM
                  programs. In recent years, annual loan repayments have ranged from a low of $4 million
                  to a high of $15 million, with an annual average of some $6-8 million. The House and
                  Senate conferees anticipate an annual expenditure of between $6 million and $8 million
                  through the CZM Fund, subject to appropriation.

                                                        101

                     Coastal Zone Management Review

                            The Act provides new authority under Section 312 to impose "interim sanctions"
                     on a state program for up to three years if the state is failing to adhere to its federally-
                     approved program. The Secretary is authorized to suspend financial assistance awards. if
                     he/she determines that the coastal state is failing to adhere to (A) the federally-approved
                     coastal management program or a state plan developed to manage a National Estuarine
                     Reserve established under Section 315, or a portion of the program or plan approved by
                     the Secretary, or (B) the terms of any grant or cooperative agreement. Before
                     suspending financial assistance, the Secretary must provide the Governor of the coastal
                     state with written specifications and a schedule for the actions that should be taken by
                     the State in order that the suspension be withdrawn, and written specifications stating
                     how those funds from the suspended financial assistance will be expended by the coastal
                     state to take actions identified by the Secretary. The suspension of financiai assistance
                     may not last for less than six months or more than 36 months.

                            The House and Senate conferees also revised the procedures for carrying out
                     evaluations of State CZM programs and National Estuarine Research Reserves. In
                     addition to mandating "full" public participation in the evaluation of state programs, the
                     changes require: a 45-day notice for public meetings; written response to all written
                     comments on the evaluation; and completion of the final evaluation report within 120
                     days after the last public meeting held in the state.

                            Other provisions of the 1990 CZIMA Amendments include:

                            a new section 310 which requires the Secretary to provide technical assistance and
                            manage ment-oriented research to support development and implementation of
                            state CZM programs, and appropriate to the furtherance of international
                            cooperative efforts and technical assistance in coastal zone management;

                            minor modirications to the National Estuarine Research Reserve System including
                            an increase in the maximum amount of Federal financial assistance for land or
                            water acquisition at Reserve sites and an increase in the Federal share of costs for
                            managing a reserve and constructing facilities;

                            authorization for NOAA to make annual achievement awards to individuals and
                            local governments who have been recognized for outstanding accomplishments in
                            the field of coastal zone management;

                            a doubling of the authorization levels for the CZM program, from the fiscal year
                            1990 level of $51.6 million - of which $41 million was appropriated -- to $120.1
                            million for Fiscal Year 1995; and
                                                                                                                0

                                                            102

                      clarification that the seaward coastal zone boundary extends on1v to the limit of
                      state ownership and title (in most cases, three nautical miles), an issue that was
                      clouded when President Ronald Reagan extended the U.S. territorial sea to 12
                      miles in 1988.

                      The implementation of these major, new CZN.4-A provisions will be a challenge.
               and will require much work and close cooperation at the Federal. state and local level
               and with the public and private sectors, OCRIM has already begun to organize its
               activities in order to meet the tight timelines for guidance and regulations as required bv
               the 1990 Amendments. 7-here is a 12-month statutory deadline for the enhancement
               grant regulations. In addition, there are revisions to Section 312 that are effective
               immediately and conflict with NOAA's current regulations. In order to meet these
               immediate requirements, OCRM anticipates conducting a phased rulemaking with the
                                                                                          7
               first phase limited to the enhancement grants progam and program evaluations. We
               expect to complete issue papers on these subjects in late February or early March. The
               issue papers will be widely distributed. OCRNI will look forward to your comments and
               your future involvement in the office*s implementation activities.

                For additional information, contact the Coastal Zone Information Center, Office of
                Ocean and Coastal Resource Management, NOAA,         1.305 East West Hi.ghway,
                Silver Spring, MD 20910, Phona (301)713-3086.

                                                      103

    0

    dddll@
    .now                                                                                                                                                          IV.

                                                                                                                                                      S-882
                                                                                                                                                   '71-8001

                                                       COASTAL ZONE MANAGEMENT ACT OF 1972

                                        (Pl. 92-583, 16 U.S.C. 1451 el seq., October 27, 1972; Amended by PL 93-612,
                                   January 2, 1975; PL 94-370. July 26, 1976; PL 95-219, December 28, 1977; PL 95-372,
                                   September 18, 1978; PL 96-464, October 17, 1980; PL 08-620, November 11, 1984; PL
                                   99-272, April 7, 1986; PL 99-626, November 7, 1986; PL 10 1 -508, November 5, 1990)

                                           SHORT TITLE                                     Lakes, territorial sea, exclusive economic zone, and Out-
                                                                                           er Continental Shelf are placing stress on these areas
                       SEC. 30 1. This title may be cited as the "Coastal Zone             and are creating the need for resolution of serious
                    MatTagement Act of 1972".                                              conflicts among important and competing uses and val-
                                                                                           ues in coastal and ocean waters.
                               CONGRESSIONAL FINDINGS                                      (Former 302(f)-(i) redesignated as (g)-(j) by PL
                       SEC. 302  '. The Congress rinds that -                              96-4641.
                       (a) There is a national interest in the effective manage-             (g) Special natural and scenic characteristics are being
                    ment. beneficial use, protection, and development of the               damaged by ill-planned development that threatens these
                    coastal zone.                                                          values.
                       (b) The coastal zone is rich in a variety of natural,                 (h) In light of competing demands and the urgent need
                    commercial. recreational, ecological. industrial. and esthetic         to protect and to give high priority to natural systems in
                    resources of immediate and potential value to the present              the coastal zone. present state and local institutional
                    and future well-being of the Nation.                                   arrangements for planning and regulating land and water
                       (c) The increasing and competing demands upcn the                   uses in such areas are inadequate.
                    lands and waters of our coastal zone occasioned by pop-                  (i) The key to more effective protection and use of the
                    ulation growth and economic development. including                     land and water resources of the coastaf zone is to en-
                    requirements for industry, commerce, residential'                      courage the states to exercise their full authority over the
                    development. recreation, extraction of mineral resources               lands and waters in the coastal zone by assisting the
                    and fossil fuels, transportation and navigation, waste dis-            states, in cooperation with Federal and local
                    posal, and harvesting of fish, shellfish. and other living             governments and other vitally affected interests, in
                    marine resources, have resulted in the loss of living                  developing land and water use programs for the coastal
                    marine resources, wildlife, nutrient-rich areas, perma-                zone, including unified policies, criteria. standards.
                    nent and adverse changes to ecological systems, decreas-               methods. and processes for dealing with land and water
                    ing open space for public use, and shoreline erosion.                  use decisions of more than local significance.
                       (d) The habitat areas of the coastal zone, and the fish,              0) The national objective of attaining' a greater degree
                    shellfish, other living marine resources, and wildlife                 of energy self-sufficiency would be advanced by
                    therein, are ecologically fragile and consequently ex-                 providing Federal financial assistance to meet state an@
                    tremely vulnerable to destructions by man's alterations.               local needs resulting from new or expanded energy activi-
                    [302(a) amended by PL 101-5081                                         ty in or affecting the coastal zone.
                       (e) Important ecological. cultural, historic, and es                [302(k)-(m-) added by PL 101-5081
                    thetic values in the coastal zone which are essential to the             (k)  .Land uses in the coastal zone, and the uses of
                    well-being of all citizens are being irr  .etrievably damaged          adjacent lands which drain into the coastal zone, may
                    or lost.                                                               significantly affect the quality of coastal waters and
                    [302(f) added by PL 96-464; amended by PL 101-5081                     habitats, and efforts to control coastal water pollution
                       (f) New and expanding demands for food, energy,                     from land use activities must be improved.
                    minerals, defense needs, recreation, waste disposal,                     (1) Because global warming may result in a substan-
                    transportation, and industrial activities in the Great                 tial sea level rise with serious adverse effects in the

                    3-8-91                        Published by THE BUREAU OF NATIONAL AFFAIRS, INC., Washington, D.C, 20037

             71:8002                                                                                                     FEDERAL LAWS

             coastal zone, coastal states must anticipate and plan for         commercial and industrial developments in or adjacent
             such an occurrence.                                               to areas where such development already exists,
                (m) Because of their proximity to and reliance upon              (E) public access to the coasts for recreation purposes,
             the ocean and its resources, the coastal states have                (F) assistance in the redevelopment of deteriorating
             substantial and significant interests in the protection,          urban waterfronts and ports, and sensitive preservation
             management, and development of the resources of the               and restor-ation of historic, cultural. and esthetic
             exclusive economic zone that can only be served by the            coastal features,
             active participation of coastal states in all Federal pro-          (G) the coordination and simplification of procedures
             grams affecting such resources and, wherever appropri-            in order to ensure expedited governmental decision-
             ate, by the development of state ocean resource plans as          making for the management of coastal resources,
             part of their federally approved coastal zone manage-               (H) continued consultation and coordination with, and
             ment programs.                                                    the giving of adequate consideration to the views of,
             CONGRESSIONAL DECLARATION OF POLICY                               affected Federal agencies,
                                                                                 (1) the giving of timely and effective notification
             [303 revised by PL 96-464]                                        of, and opportunities for public and local government
                SEC. 303. The Congress finds and declares that it is           participation in, coastal management decisionmaking,
             the national policy-                                              [303(2)(1) amended by PL 101-5081
                (1) to preserve, protect, develop, and where possible,           (J) assistance to support comprehensive planning, con-
             to restore or enhance, the resources of the Nation's              servation, and management for living marine re-
             -coastal zone for this and succeeding generations;                sources, including planning for the siting of pollution
                (2) to encourage and assist the states to exercise             control and aquaculture facilities within the coastal zone,
             effectively their responsibilities in the coastal zone            and improved coordination between State and Federal
             through the development and implementation of manage-             coastal zone management agencies and State and wild-
             ment programs to achieve wise use of the land and water           life agencies, and
             resources of the coastal zone, giving full consideration to       [303(2)(J) amended by PL 101-5081
             ecological. cultural, historic, and esthetic values as well         (K) the study and development, in any case in which
             as the needs for compatible economic development,                 the Secretary considers it to be appropriate, of plans for
             which programs should at least provide for-                       addressing the adverse effects upon the coastal zone of
             [303(2) introductory paragraph amended by PL                      land subsidence and of sea level rise; and
             101-508]                                                          [303(2)(K) amended by PL 101-508]
                (A) the protection of natural resources, including               (3) to encourage the preparation of special area
             wetlands, floodplains, estuaries, beaches, dunes, barrier         management plans which provide for increased specificity
             islands, coral reefs, and fish and wildlife and their             in protecting significant natural resources, reasonable
             habitat, within the coastal zone.                                 coastal-dependent economic growth. improved protection
                (B) the management of coastal development to                   of life and property in hazardous areas, including those
             minimize the loss of life and property caused by                  areas likely to be affected by land subsidence, sea level
             improper development in flood-prone, storm surge,                 rise, or fluctuating water levels of the Great Lakes, and
             geological hazard, and erosion-pronc areas and in areas           improved predictability in governmental decisionmaking;
             likely to be affected by or vulnerable to sea level rise,         [303(3) amended by PL 101-5081
             land subsidence, and saltwater intrusion, and by the
             destruction of natural protective features such as beach-           (4) to encourage the participation and cooperation
             es, dunes, wetlands, and barrier islands.                         of the public, state and local governments. and
             (303 (2)(B) amended, former (C)-(I) redesignated as               interstate and other regional agencies, as well as of the
             new (D)-(J) and new (C) added by PL 101-508]                      Federal agencies having programs affecting the coastal
                (C) the management of coastal development to'im-               zone, in carrying out the purposes of this title;
             prove, safeguard, and restore the quality of coastal              [303(4) amended and (5) and (6) added by PL
             waters, and to protect natural resources and existing             101-5081
             uses of,those waters.                                               (5) to encourage coordination and cooperation with
                (D) priority consideration being given to coastal-             and among the appropriate Federal, State, and local
             -dependent uses and orderly processes for siting major-           agencies, and international organizations where appro-
             facilities related to national defense, energy, fisheries         priate, in collection, analysis, synthesis, and dissemina-
             development, recreation, ports and transportation. and            tion of coastal management information, research re-
             the location, to the maximum extent practicable, of new           sults. and technical assistance, to support State and

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                                                                  Environment Reporter

                                                                           105

                                                                                                                                                       S-882
                    COASTAL ZONE ACT                                                                                                                71:8003

                    Federal regulation of land use practices affecting the                    (4) The term "coastal state" means a state of the
                    coastal and ocean resources of the United States; and                   United States in. or bordering on, the Atlantic. Pacific.
                       (6) to respond to changing circumstances affecting the               or Arctic Ocean. the Gulf of Mexico. Long Island Sound.
                    coastal environment and coastal resource management                     or one or more of the Great Lakes. For the purposes of
                    by encouraging States to consider such issues as ocean                  this title, the term also includes Puerto Rico, the Virgin
                    uses potentially affecting the coastal zone.                            Islands, Guam, the Commonwealth of the Northern
                                                                                            Mariana Islands, and the Trust Territories of the
                                           DEFINITIONS                                      Pacific Islands. and American Samoa.
                       SEC. 304. For the purposes of this title -                           (304(4) amended by PL 96-464]
                       (1) The term "coastal zone" means the coastal waters                   (5) The term "coastal energy activity" means any of
                    (including the lands therein and thereunder) and the adja-              the fol-lowing activities if. and to the extent that (A) the
                    cent shorelands (including the waters therein and                       conduct. support. or facilitation of such activity requires
                    thereunder), strongly influenced by each other and in                   and involves the siting. construction. expansi          .on, or
                    proximity to the shorelines of the several coastal states.              operation of any equipment or facility: and (B) any
                    and includes islands, transitional and intertidal areas, salt           technical requirement exists which, in the determination
                    marshes. wetlands, and beaches. The zone extends. in                    of the Secretary, necessitates that the siting, construc-
                    Great Lakes waters. to the international boundary                       tion, expansion, or operation of such equipment or facili-
                    between the United States and Canada and. in other                      ty be carried out in, on in close proximity to. the coastal
                    areas, seaward to the. outer limit of the outer limit of                zone of any coastal state,
                    State title and ownership under the Submerged Lands                       (i) Any outer Continental Shelf energy activity.
                    Act (43 U.S.C. 1301 et seq.), the Act of March 2, 1917                    (ii) Any transportation, conversion. treatment,
                    (48 U.S.C. 749), the Covenant to Establish a Common-                    transfer. or storage of liquefied natural gas.
                    wealth of the Northern Mariana Islands in Political                       (iii) Any transportation. transfer. or storage of oil,
                    Union with the United States of America, as approved                    natural gas, or coal (including, but not limited to, by
                    by the Act of March 24, 1976 (48 U.S.C. 1681 note), or                  means of any deep-water port, as defined in section 3(10)
                    section I of the Act of November 20, 1963 (48 U.S.C.                    of the Deepwater Port Act of 1974 (33 U.S.C. 1502(10))).
                    1705, as applicable. The zone extends inland from the                     For purposes of this paragraph. the siting. construc-
                    shorelines only to the extent necessary to control                      tion. expansion, or operation of any equipment or facility
                    shorelands. the uses of which have a direct and significant             shall be 'in close proximity to the coastal zone of any
                    impact on the coastal waters. Excluded from the coastal                 coastal state if such S'Iting, construction. expansion, or
                    zone are lands the use of which is by law subject solely to             operation has, or is likely to have, a significant effect on
                    the discretion of or which is held in trust by the Federal              such coastal zone.
                    Government, its officers or agents and to control those                 @ (6) The term "energy facilities" mom any equipment
                    geographical areas which are likely to be affected by or                or facility which is or will be used primarily -
                    vulnerable to sea level rise.                                             (A) in thi exploration for, or the development. produc-
                    .(304(l) amended by PL 101-5081                                         tion. conversion, storage, transfer, processing, or
                       (2) The term "coastal resource of national significance"             transportation of. any energy resource: or
                    means any coastal wetland, beach. dune, barrier island,                   (13) for the manufacture, production. or assembly of
                    reef, estuary, or fish and wildlife habitat, if any                     equipment. machinery, products. or devices which are in-
                    such area is determined by a coastal state to be of                     volved in any activity described in subparagraph (A).
                    substantial biological or natural storm protective value.                 The term includes. but is not limited to (i) electric
                    [New 304(2) added by PL 96-464 and former 304(2)-                       generating plants. (ii) petroleum refineries and associated
                    (16) redesignated as (3)-(17) by PL 96-464]                             facilities: (iii) gasification plants: (iv) facilities used for
                       (3) The term "coastal waters" means (A) in the Great                 the transportation. conversion, treatment, transfer. or
                    Lakes area. the waters within the territorial jurisdiction              storage of liqueried natural gas, (v) uranium enrichment
                    of the United States consisting of the Great Lakes, their               or nuclear fuel processing facilities. (vi) oil and gas
                    connecting waters, harbors, roadsteads. and estuary-type                facilities, including platforms, assembly plants, storage
                    areas such as bays, shallows. and marshes and (8) in                    depots. tank farms. crew and supply bases, and refining
                    other areas, those waters, adjacent to the shorelines,                  complexes: (vii) facilities including deepwater ports, for
                    which contain a measurable quantity or.percentage of sea                the transfer of petroleurn- (viii) pipelines and transmis-
                    water, including, but not limited to, sounds, bays,                     sion facilities. and (ix) terminals which are associated
                    lagoons, bayous, ponds. and estuaries.                                  with any of the foregoing.

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                                                                                1 06

              71:8004                                                                                                        FEDERAL LAWS

                (6a) The term 'enforceable policy' means State poli-             Federal Government. any state. regional, or local govern-
              cies which are legally binding through constitutional              ment: or any entity of any such Federal, state. regional.
              provisions. laws, regulations, land use plans, ordinances,         or local government.
              or judicial or administrative decisions, by which a State             (15) The term "public facilities and public services"
              exerts control over private and public land and water              means facilities or services which are financed, in whole
              uses and natural resources in the coastal zone.                    or in part, by any state or political subdivision thereof.
              [304(6a) added by the PL 101-508]                                  including. but not limited to, highways and secondary
                (7) The term "estuary" means that part of a river or             roads. parking. mass transit, docks. navigation aids, Fire
              stream or other body of water having unimpaired connec-            and police protection. water supply, waste collection and
              tion with the open sea. where the sea water is measurably          treatment (including drainage), schools and education.
              diluted with fresh water derived from land drainage. The           and hospitals and health care. Such term may also in-
              term includes estuary-type areas of the Great Lakes.               clude any other facility or service so financed which the
                (8) The term "estuarine sanctuary" means a research              Secretary rinds will support increased population.
              area which may include any part or all of an estuary and              (16) The term "Secretary" means the Secretary of
              any island, transitional area. and upland in, adjoining. or        Commerce.
              adjacent to such estuary. and which constitute to the ex-             (17) The term 'special area management plan'
              tent feasible a natural unit. set aside to provide scientists      means a comprehensive plan providing for natural
              and students the opportunity to examine over a period of.          resource protection and reasonable coastal-dependent
              time the ecological relatio@ships within the area.                 economic growth containing a detailed and comprehensive
                (9) The term "Fund" means the Coastal Energy Im-                 statement of policies; standards and criteria to guide
              pact Fund established by section 308(h).                           public and private uses of lands and waters: and
                (10) The term "land use" means activities which are              mechanisms for timely implementation in specific
              conducted in. or on the shorelands within. the coastal             geographic areas within the coastal zone.
              zone. subject to the requirements outlined in section              [304(17) added by PL 96-464]
              307(g).                                                               (18) The term "water use" means a use, activity, or
                0 1) The term "local government" means any political             project conducted in or on waters within the coastal
              subdivision of. or any special entity created by. any              zone.
              coastal state which (in whole or part) is located in. or has       [304(18) revised by PL 101-508]
              authority over. such state's coastal zone and which (A)
              has authority to levy taxes. or to establish and collect
                                                                                 MANAGEMENT PROGRAM DEVELOPMENT
              usef fees. or (B) provides any public facility or public ser-                               GRANTS
              vice which is financed in whole or part by taxes or user
              fees. The term includes. but is not limited to, any school            SEC. 305. (a) In fiscal years 1991, 1992, and 1993,
              district. fire district. transportation authority. and any         the Secretary may make a grant annually to any coastal
              other special purpose district or authority.                       state without an approved program if the coastal state
                (12) The term -management program" includes. but is              demonstrates to the satisfaction of the Secretary that the
              not limited to. a comprehensive statement in words.                grant will be used to develop a management program
              maps.- illustrations. or other media of communication.             consistent with the requirements set forth in section 306.
              prepared and adopted by the state in accordance with the           The amount of any such grant shall not exceed S200,000
              provisions of this title. setting forth objectives. policies.      in any fiscal year, and shall require State matching
              and standards to guide public and private uses of lands            funds according to a 4-to-l ratio of Federal-to-Statc
              and waters in the coastal zone.                                    contributions. After an initial grant is made to a coastal
                (13) The term "outer continental shelf energy activity"          state pursuant to this subsection, no subsequent grant
              means any exploration for. or any development or                   shall be made to that coastal state pursuant to this
              production of, oil or natural gas from the outer con-              subsection unless the Secretary finds that the coastal
              tinental shelf (as defined in section 2(a) of the Outer            state is satisfactorily developing its management pro-
              Continental Shelf Lands Act (43 U.S.C. 133 1 (a)). or the          gram. No coastal state is eligible to receive more than
              siting, construction. expansion. or operation of any new           two grants pursuant to this subsection.
              or expanded energy facilities directly required by such ex-           (b) Any coastal state which has completed the devel-
              ploration, develop!nent. or production.                            opment of its management program shall submit such
                (14) The term -person" me= any individual: any cor-              program to the Secretary for review and approval pursu-
              poration. partnership, association, or other entity                ant to section 306.
              organized or existing under the laws of any state: the             [305 revised by PL 101-5081

                                                                     Environmet" Reporter

                                                                            107

                      COASTAL ZONE ACT                                                                                                            71:8005

                                  ADMINISTRATIVE GRANTS                                         (D) An identification of the means by which the State
                      (306 revised by PL 101-5081                                            proposes to exert control over the land uses and water
                         SEC. 306. (a) The Secretary may make grants to any                  uses referred to in subparagraph (B), including a list of
                      coastal state for the purpose of administering that state's            relevant State constitutional provisions, laws, regula-
                      management program, it the state matches any such                      tions, and judicial decisions.
                      grant according to the following ratios of Federal-to-                    (E) Broad guidelines on priorities of uses in particular
                      State contributions for the applicable fiscal year:                    areas, including specifically those uses of lowest priority.
                         (1) For those States for which programs were ap.                       (F) A description of the organizational structure pro-
                      proved prior to enactment of the Coastal Zone Act                      posed to implement such management program, includ-
                      Reauthorization Amendments of 1990, 1 to I for any                     ing 'the responsibilities and interrelationships of local.
                      fiscal year.                                                           areawide, State, regional, and interstate agencies in the
                         (2) For programs approved after enactment of the                    management process.
                      Coastal Zone Act Reauthorization Amendments of                            (G) A definition of the term 'beach' and a planning
                      1990, 4 to I for the first fiscal year, 2.3 to I for the               process for the protection of, and access to, public
                      second fiscal year, 1.5 to I for the third fiscal year, and I          beaches and other public coastal areas of environmental,
                      to I for each fiscal year thereafter.                                  recreational, historical, esthetic, ecological, or cultural
                         (b) The Secretary may make a grant to a coastal state               value.
                      under subsection (a) only if the Secretary finds that the                 (H) A planning process for energy facilities likely to
                      management program of the coastal state meets all                      be located in, or which may significantly affect, the
                      applicable requirements of this title and has been ap-                 coastal zone, including a process for anticipating the
                      proved in accordance with subsection (d);                              management of the impacts resulting from such
                         (c) Grants under this section shall be allocated to                 facilities.
                      coastal states with approved programs based on rules                      (1) A planning process for assessing the effects of, and
                      and regulations promulgated by the Secretary which                     studying and evaluating ways to control, or lessen the
                      shall take into account the extent and nature of the                   impact of, shoreline erosion, and to restore areas ad-
                      shoreline and area covered by the program, population of               versely affected by such erosion.
                      .he area, and other relevant factors. The Secretary shall                 (3) The State has-
                      establish, after consulting with the coastal states, maxi-                (A) coordinated its program with local, areawide, and
                      mum and minimum grants for any fiscal year to promote                  interstate plans applicable to areas within the coastal
                      equity between coastal states. and effective coastal                   zone-
                      management.                                                               (i) existing on January I of the year in which the
                         (d) Before approving a management program submit-                   State's management program is submitted to the Secre-
                      ted by a coastal state, the Secretary shall find the                   tary; and
                      following:                                                                (ii) which have been developed by a local government,
                         (1) The State has developed and adopted a manage-                   an areawide agency, a regional agency, or an interstate
                      ment program for its coastal zone in accordance with                   agencyand
                      rules and regulations promulgated by the Secretary,                       (B) established an effective mechanism for continuing
                      after notice, and with the opportunity of full participa-              consultation and coordination between the management
                      tion by relevant Federal agencies, State agencies, local               agency desigpated pursuant to paragraph (6) and with
                      governments, regional organizations, port authorities,                 local governments, interstate agencies, regional agencies.
                      and other interested parties and individuals, public and               and areawide agencies within the coastal zone to assure
                      private, which is adequate to carry out the purposes of                the full participation of those local governments and
                      this title and is consistent with the policy declared in               agencies in carrying out the purposes of this title; except
                      section 303.                                                           that the Secretary shall not find any mechanism to be
                         (2) The management program includes each of the                     effective for purposes of this subparagraph unless it
                      following required program elements:                                   requires that-
                         (A) An identification of the boundaries of the coastal                 (i) the management agency, before implementing any
                      zone subject to the management program.                                management program decision which would conflict
                         (B) A definition of what shall constitute permissible               with any local zoning ordinance, decision, or other ac-
                      land uses and water uses within the coastal zone which                 tion, shall send a notice.of the management program.
                      have a direct and significant impact on the coastal                    decision to any local government whose zoning authority
                      waters.                                                                is affected,
                         (C) An inventory and designation of areas of particu-                  (ii) within the 30-day period commencing on the date
                      lar concern within the coastal zone.                                   of receipt of that notice, the local government may

                                                     Pubfi by TME BUREAU OF NATIONAL AFFAIRS. INC.. WeshWqM, D.C. 20037
                                                                               108

                 71:8M                                                                                                             FEDERAL LAWS

                 submit to the management agency written comments on                     (B) Direct State land and water use planning and
                 the management program decision, and any recommen-                    regulation.
                 dation for alternatives; and                                            (C) State administrative review for consistency with
                   (iii) the management agency. if any comments are                    the management program of all development plans,
                 submitted to it within the 30-day period by any local                 projects, or land and water use regulations, including
                 government-                                                           exceptions and variances thereto, proposed by any State
                   (1) shall consider the comments;                                    or local authority or private developer, with power to
                   (11) may, in its discretion, hold a public hearing on the           approve or disapprove after public notice and an oppor-
                 comments. and                                                         tunity for hearings.
                   (111) may not take any action within the 30-day                       (12) The management program contains a method of
                 period to implement the management program decision.                  assuring that local land use and water use regulations
                   (4) The State has held public hearings in the develop-              within the coastal zone do not unreasonably restrict or
                 ment of the management program.                                       exclude land uses and water uses of regional benefit.
                   (5) The management program and any changes there.                     (13) The management program provides for-
                 to have been reviewed and approved by the Governor of                   (A) the inventory and designation of areas that con-
                 the State.                                                            tain one or more coastal resources of national signifi-
                   (6) The Governor of the State has designated a single               cance;and
                 State agency to receive and administer grants for imple-                (B) specific and enforceable standards to protect such
                 menting the management program.                                       resources.
                   (7) The State is organized to implement the manage-                   (14) The management program provides for public
                 ment program.                                                         participation in permitting processes, consistency deter-
                   (8) The management program provides for adequate                    minations, and other similar decisions.
                 consideration of the national interest involved in plan-                (IS) The management program provides a mechanism
                 ning for, and managing the coastal zone, including the                to ensure that all State agencies will adhere to the
                 siting of facilities such as energy facilities which are of           program.
                 greater than local significance. In the case of energy                  .(16) The management program contains enforceable
                 facilities, the Secretary shall find that the State has               policies and mechanisms to implement the applicable
                 given consideration to any applicable national or inter-              requirements of the Coastal Nonpoint Pollution Control
                 state energy plan or program.                                         Program of the State required by section 6217 of the
                   @9) The management program includes procedures                      Coastal Zone Act Reauthorization Amendments of
                 whereby specific areas may be designated for the pur-                 1990.
                 pose of preserving or restoring them for their conserva-                (e) A coastal state may amend or modify a manage-
                 tion, recreational, ecological, historical, or esthetic               ment  program which it has submitted and which has
                 values.                                                               been  approved by the Secretary under this section,
                   (10) The State, acting through its chosen agency or                 subject to the following conditions:
                 agencies (including local governments, areawide agen-
                 cies, regional agencies, or interstate agencies) has au-                (1) The State shall promptly notify the Secretary of
                 thority for the management of the coastal zone in ac-                 any proposed amendment, modification, or other pro-
                 cordance with the management program. Such authority                  gram change and submit it for the Secretary's approval.
                 shall include power-                                                  The Secretary may suspend all or part of any grant
                   (A) to administer land use and water use regulations                made under this section pending State submission of the
                 to control development to ensure compliance with the                  proposed amendments, modification, or other program
                 management program, and to resolve conflicts among                    change.
                 competing uses; and                                                     (2) Within 30 days after the date the Secretary
                   (B) to acquire fee simple and less than fee simple                  receives any proposed amendment, the Secretary shall
                 interests in land, waters, and other property through                 notify the State whether the Secretary approves or
                 condemnation or other means when necessary to achieve                 disapproves the amendment, or whether the Secretary
                 conformance with the management program.                              finds it is necessary to extend the review of the proposed
                   (11) The management program provides for any one                    amendment for a period. not to exceed 120 days after the
                 or a combination of the following general techniques for              date the Secretary received the proposed amendment.
                 control of land uses and water uses within the coastal                The Secretary may extend this period only as necessary
                 zone:                                                                 to meet the requirements of the National Environmental
                   (A) State establishment of criteria and standards for               Policy Act of 1969 (42 U.S.C. 4321 et seq.). If the
                 local implementation, subject to administrative review                Secretary does not notify the coastal state that the
                 and enforcement.                                                      Secretary approves or disapproves the amendment with-

                                                                         Ej v" wnwn Raw to

                                                                            1 09

                                                                                                                                        S-M
               COASTAL ZONE ACT                                                                                                      71:8007

               in that period, then the amendment shall be conclusively             (b) The Secretary may make grants to any eligible
               presumed as approved.                                              coastal state to assist that state in meeting one or
                  (3)(A) Except as provided in subparagraph (B), a                more of the following objectives:
               coastal state may not implement any amendment, modi-                 (1) The preservation or restoration of specific areas
               fication, or other change as part of its approved manage-          of the state that (A) are designated under the manage-
               ment program unless the amendment, modification, or                ment program procedures required by section 306
               other change is approved by the Secretary under this               (d)(9) because of their conservation 'recreational, eco-
               subsection.                                                        logical, or esthetic values, or (B) contain one or more
                  (B) The Secretary, after determining on a preliminary           coastal resources of national significance, or for the
               basis, that an amendment, modification, or other change            purpose of restoring and enhancing shellfish production
               which has been submitted for approval under this sub-              by the purchase and distribution of clutch material on
               section is likely to meet the program approval standards           publicly owned reef tracts.
               in this section, may permit the State to expend funds              (306A(b)(1) amended by PL 101-5081
               awarded under this section to begin implementing the                 (2) The redevelopment of deteriorating and under-
               proposed amendment, modification, or change. This pre-             utilized urban waterfronts and ports that are designated
               liminary approval shall not extend for more than 6                 under section 305(b)(3) in the state's management
               months and may not be renewed. A proposed amend-                   program as areas of particular concern.
               ment, modification, or change which has been given                   (3) The provision of access of public beaches and
               preliminary approval and is not finally approved under             other public coastal areas and to coastal waters in
               this paragraph shall not be considered an enforceable              accordance with the planning process required under
               policy for purposes of section 307.                                section 305(b)(7).
                  (Editor's note.- Sec. 6206(b) of PL 101-508 provides:             (c) (1) Each grant made by the Secretary under
                  "(b) Additional Program Requiriments.-Each State                this section shall be subject to such terms and con-
               which submits a management program for approval                    ditions as may be appropriate to ensure that the grant
               under section 306 of the Coastal Zone Management Act               is used for purposes consistent with this section.
               of 1972, as amended by this subtitle (including a State              (2) Grants made under this section may be used for-
               which submitted a program before the date of enactment               (A) the acquisition of fee simple and other interests
               of this Act), shall demonstrate to the Secretary-                  in land;
                  (1) that the program complies with section 306(d)(14)             (B) low-cost construction projects determined by the
               and (IS) of that Act, by not later than 3 years after the          Secretary to be consistent with the purposes of this
               date of the enactment of this Act: and                             section, including but not limited to, paths, walkways,
                  (2) that the program complies with section 306(d)(16)           fences, parks, and the rehabilitation of historic buildings
               of that Act, by not later than 30 months after the date of         and structures; except that not more than 50 per centum
               publication of final guidance under section 6217(g) of             of any grant made under this section may be used for
               this Act."]                                                        such construction projects;
                            RESOURCE MANAGEMENT                                     (C) in the case of grants made for objectives
                             IMPROVEMENT GRANTS                                   described in subsection (b)(2)-
               [306A added by   .PL 96-4641                                         (i) the rehabilitation or acquisition of piers to
                                                                                  provide increased public use, including compatible
                  SEC. 306A. (a) For purposes of this section-                    commercial activity,
                  (1) The term 'eligible coastal state' means a coastal             (ii) the establishment of shoreline stabilization
               state that for any riscal year for which a grant is                measures including the installation or rehabilitation of
               applied for under this section-                                    bulkheads for the purpose of public safety or increasing
                  ((A) has a management program approved under                    public access and use, and
               section 306; and                                                     (iii) the removal or replacement of pilings where
                  (B) in the judgment of the Secretary, is making                 such action will provide increased recreational use of
               satisfactory progress in activities designed to result in          urban waterfront areas,
               significant improvement in achieving the coastal manage-           but activities provided for under this paragraph shall
               ment objectives specified in section 303(2)(A) through             not be treated as construction projects subject to the
               (1).                                                               limitations in paragraph (B);
                  (2) The term 'urban waterfront and port' means any                (D) engineering designs, specifications, and other
               developed area that is    densely populated and is being           appropriate reports; and
               used for, or has been used for, urban residential                    (E) educational, interpretive, and management costs
               recreational, commercial, shipping or industrial put-              and such other related costs as the Secretary determines
               poscs.                                                             to be consistent with the purposes of this section.

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                                                                     1 0

                    71:8=                                                                                                               FEDERAL LAWS

                      (d)(1) The Secretary may make grants to any coastal                     (B) After any final judgment, decree, or order of any
                    state for the purpose of carrying out the project or                   Federal court that is appealable under section 1291 or
                    purpose for which such grants are awarded, if the state                1292 of title 28, United States Code, or under any other
                    matches any such grant according to the following ratios               applicable provision of Federal law, that a specific Fed-
                    of Federal to state contribution for the applicable fiscal             eral agency activity is not in compliance with subpara-
                    year: 4 to I for fiscal 1986; 2.3 to I for fiscal year 1987;           graph (A), and certification by the Secretary that medi-
                    1.5 to I for fiscal year 1988; and I to I for each fiscal              ation under subsection (h) is not likely to result in such
                    year after fiscal year 1988.                                           compliance, the President may, upon written request
                    (Former 306A(d)(1) deleted and new (d)(1) added by                     from the Secretary, exempt from compliance those ele-
                    PL 99-2721                                                             ments of the Federal agency activity that are found by
                      (2) Grants provided under this section may be used                   the Federal court to be inconsistent with an approved
                    to pay a coastal state's share of costs required under                 State program, if the President determines that the
                    any other Federal program that is consistent with the                  activity is in the paramount interest of the United
                    purposes of this section.                                              States. No such exemption shall be granted on the basis
                      (3) The total amount of grants made under this                       of a lack of appropriations unless the President has
                    section to an      eligible coastal state for any fiscal               specifically requested such appropriations as part of the
                                    y                                                      budgetary process, and the Congress has failed to make
                    year may not exceed an amount equal to 10 per ccntum                   available the requested appropriations.
                    of the total amount appropriated to carry out this                        (C) Each Federal agency carrying out an activity
                    section for such fiscal year.                                          subject to paragraph (1) shall provide a consistency
                      (C) With the approval of the Secretary, an eligible                  determination to the relevant State agency designated
                    coastal state may allocate to a local. government, an                  under section 306(d)(6) at the earliest practicable time,
                    arcawide. agency designated under section 204 of the                   but in no case later than 90 days before final approval of
                    Demonstration Cities and Metropolitan- Development                     the Federal activity unless both the Federal agency and
                    Act of 1966, a regional agency, or an interstate agency,               the State agency agree to a different schedule.
                    a portion of any grant made under this section for                     [307(c)(1) revised by PL 101-5081
                    the purpose of carrying out this section; except Mat                     (2) Any Federal agency which shall undertake any
                    such an allocation shall not relieve that state of the                 development project in the coastal zone of a sta            h 11
                    responsibility for ensuring that any funds so allocated                                                                       Ite s la
                    are applied in furtherance of the state's approved                     insure that the project is, to the maximum extent prac.
                    management program.                                                    ticable, consistent with the enforceable policies of ap-
                      (f) In addition to providing grants under this section,              proved state management programs.
                    the Secretary shall assist eligible coastal states and their           [307(c)(2) amended by PL 101-5081
                    local governments in identifying and obtaining other                     (3)(A) After final approval by the Secretary of a state's
                    sources of available Federal technical and financial                   management program, any applicant for a required
                    assistance regarding the objectives of this section.                   Federal license or permit to conduct an activity, in or
                         COORDINATION AND COOPERATION                                      outside of the coastal zone, affecting any land or water
                                                                                           use or natural resource of the coastal zone of that state
                      SEC. 307. (a) In carrying out his functions and respon-              shall provide in the application to the licensing or per-
                    sibilities under this title. the Secretary shall consult with,         mitting agency a certification that the proposed activity
                    cooperate with. and. to the maximum extent practicable,                complies with the enforceable policies of the state's
                    coordinate his activities with other interested Federal                approved program and that such activity will be conduct-
                    agencies.                                                              ed in a manner consistent with the program. At the same
                      (b) The Secretary shall not approve the management                   time, the applicant shall furnish to the state or its
                    program submitted by a state pursuant to section 306 un-               designated agency a copy of the certification, with all
                    less the views of Federal agencies principally affected by             necessary information and data. Each coa tal state shall
                    such program have been adequately considered.                          establish procedures for public notice in the case of all
                      (c)(1)(A) Each Federal agency activity within or                     such certific-ations and. to the extent it deems appropri-
                    outside the coastal zone that affects any land or water                ate. procedures for public hearings in connection there-
                    use or natural resource of the coastal zone shall be                   with. At the earliest practicable time, the state or its
                    carried out in a manner which is consistent to the                     designated agency shall notify the Federal agency con-
                    maximum extent practicable with the enforceable poli-                  ccrned that the state concurs with or objects to the
                    cies of approved State management programs. A Federal                  applicant's certification. If the state or its designated
                    agency activity shall be subject to this paragraph unless              agency fails to furnish the required notification within
                    it is subject to paragraph (2) or (3).                                 six months after receipt of its copy of the applicant's

                                                                             Envkwwww ReM ter

                                                                             11 1

                    COASTAL ZONE ACT                                                                                                      71:8009

                    certification, the state's concurrence with the certifica-           (iii) the Secretary Finds. pursuant to subparagraph (A).
                    tion shall be conclusively presumed.-No license or permit         that each activity which is described in detail in such plan
                    shall be granted by the Federal agency until the state or         is consistent with the objectives of this title or is
                    its designated agency has concurred with the applicant's          otherwise necessary in the interest of national securitv.
                    certification or until, by the state's failure to act. the           If a state concurs or is conclusively presumed to con-
                    concurrence is conclusively presumed, unless the Secre-           cur. or if the Secretary makes such a Finding, the
                    tary, on his own initiative or upon appeal by the appli-          provisions of subparagraph (A) are not applicable with
                    cant, finds, after providing a reasonable opportunity for         respect to such person. such state, and any Federal
                    detailed comments from the Federal agency involved                license or permit which is required to conduct 'any activi-
                    and from the state, that the activity is consistent with          ty affecting-land uses or water uses in the coastal zone of
                    the objectives of this title or is otherwise necessary in the     such state which is described in detail in the plan to which
                    interest of national security.                                    such concurrence or finding applies. If such state objects
                    (307(c)(3)(A) amended by PL 101-5081                              to such certification and if the Secretary fails to make a
                    (8) After the management program           of any coastal         finding under clause (iii) with respect to such certifica-
                    state has been approved by the Secretary under section            tion. or if such person fails substantially to comply with
                    306, any person who submits to the Secretary of the               such plan as submitted, such person shall submit an
                    Interior any plan for the exploration or development of.          amendment to such plan, or a new plan. to the Secretary
                    or producti-on from. any area which has been leased un-           of the Interior. With.respect Lo any amendment or new
                    der the Outer Continental Shelf Lands Act (43 U.S.C.              plan submitted to the Secretary of the Interior pursuant
                    1331 et seq.) and regulations under such Act shall, with          to the preceding sentence. the applicable time period for
                    respect to any exploration, development. or prodLCtion            purposes of concurrence by conclusive presumption un-
                    described in such plan and affecting any land use or water        der subparagraph (A) is 3 months.
                    use or natural resource of the coastal zone of such state,           (d) State and local governments submitting
                    attach to such plan a certification that each activity            applications for Federal assistance under other Federal
                    which is described in detail in such plan complies with the       programs, in or outside of the coastal zone, affecting any
                                                                                      land or water use of natural resource of the coastal zone
                    enforceable policies of such state's approved management          shall indicate the views of the appropriate state or local
                    program and will be carried out in a manner consistent            agency as to the relationship of such activities to the
                    with such program. No Federal official or agency                  approved management program for the coastal zone.
                    shall grant such person any license or permit for any ac-         Such applications shall be submitted and coordinated in
                    tivity described in detail in such plan until such state or       accordance with the provisions of title IV of the Inter-
                    its designated agency receives a copy of such certification       governmental Coordination Act of 1968 (82 Stat. 1098).
                    and plan, together with any other necessary data and in-          Federal agencies shall not approve proposed projects
                    formation. and until -                                            that are inconsistent with the enforceable policies of a
                    [307(c)(3)(B) introductory text amended by PL                     coastal state's management program, except upon a
                    101-5081                                                          finding by the Secretary that such project in consistent
                     (i) such state or its designated agency, in accordance           with the purposes of this title or necessary in the interest
                    with the procedures required to be established by such            of national security.
                    state pursuant to subparagraph (A), concurs with such             [307(d) amended by PL 101-5081
                    person*s certification and notifies the Secretary and the            (e) Nothing in this title shall be construed -
                    Secretary of the Interior of such concurrence:                       ( 1) to diminish either Federal or state jurisdiction.
                    '(ii) concurrence by such state with such certifica-              responsibility, or rights in the Field of planning, develop-
                    tion is conclusively presumed as provided for in subpara-         ment, or control of water resources. submerged lands, or
                    graph (A). except if such state fails to concur with or           navigable waters; nor to displace. supersede. limit. or
                    object to such certification within three months after            modify any interstate compact or the jurisdiction or
                    receipt of its copy of such certification and supporting          responsibility of any legally established joint or common
                    information. such state shall provide the Secretary, the          agency of two or more states or of* two or more states and
                    appropriate federal agency, and such person with a                the F@deral Government: nor to limit the authority'of
                    written statement describing the status of review and the         Coneress to authorize and fund projects:
                    basis for further delay in issuing a final decision. and if          (2) as superseding. modifying, or repealing existing
                    such statement is not so provided. concurrence by such            laws applicable to tht variou's @ederal agencies: nor to
                    state with such certification shall be -conclusively pre-         affect the jurisdiction, powers. or prerogatives of the
                    sumed: or                                                         International Joint Commission. United States and
                     f(ii) revised by PL 95-372, September 18, 19781                  Canada, the Permanent Engineering Board. and the

                    3-6-91                       Pubitsroad by THE BUREAU OF NATIONAL AFFAIRS, INC., WashingtOn. D.C. 20037
                                                                        1 1 2

                                                                                                                              FEDERAL LAWS
                 71:8010

                 United States operating entity or entities established pur.        loans made pursuant to this section as in effect before
                 suant to the Columbia River Basin Treaty, signed at                the date of the enactment of the Coastal Zone Act
                 Washington, January 17, 1961, or the International                 Reauthorization Amendments of 1990, and any repay-
                 Boundary and Water Commission. United States and                   ment schedule established pursuant to this Act as in
                 Mexico. -                                                          effect before that date of enactment, are not altered by
                    (f) Notwithstanding any other provision of this title,          any provision of this title. Such loans shall be repaid
                 nothing in this title shall in any way affect any require-         under authority of this subsection and the Secretary may
                 ment (1) established by the Federal Water Pollution Con-           issue regulations governing such repayment. If the Sec-
                 trol Act, as amended, or the Clean Air Act, as amended,            rctary finds that any coastal state or 'unit of local
                 or (2) established by the Federal Government or by any             government is unable to meet its obligations pursuant to
                 state or local government pursuant to-such Acts. Such              this subsection bemuse the actual increases in employ-
                 requirements shall be incorporated in any program                  ment and related population resulting from coastal ener-
                 developed pursuant to this title and shall be the water            gy activity and the facilities associated with such activity
                 pollution control and air pollution control requirements           do not provide adequate revenues to enable such State or
                 applicable to such program.                                        unit to meet such obligations in accordance with the
                    (g) When any state's coastal zone management                    appropriate repayment schedule, the Secretary shall,
                 program, submitted for approval or proposed for                    after review of the information submitted by such State
                 modification pursuant to section 306 of this title, includes       or unit, take any of the following actions:
                 requirements as to shorelands which also would be sub-                (A) Modify the terms and conditions of such loan.
                 ject to any Federally supported national land use pro-                (B) Refinance the loan.
                 gram which may be hereafter enacted, the Secretary,                   (C) Recommend to the Congress that legislation be
                 prior to approving such program, shall obtain the con-             enacted to forgive the loan.
                 currence of the Secretary of the Interior, or such other              (2) Loan repayments made pursuant to this subsection
                 Federal official as may be designated to administer the            shall be retained by the Secretary as offsetting collec.
                 national land use program with respect to that portion of          tions, and shall be deposited into the Coastal Zone
                 the coastal zone management program affecting such in-             Management Fund established under subsection (b).
                 land areas.
                    (h) In case of serious disagreement between any                    (b)(1) The Secretary shall established and maintain a
                 Federal agency and a coastal state -                               fund, to be known as the 'Coastal Zone Management
                    (1) in the development or the initial implementation of         Fund' (hereinafter in this section referred to as the
                 a management program under section 305. or                         'Fund'), which shall consist of amounts retained and
                    (2) in the administration of a management program               deposited into the Fund under subsection (a).
                 approved under section 306;                                           (2) Subject to amounts provided in appropriation
                 the Secretary, with the cooperation of the Executive Of-           Acts, amounts in the Fund shall be available to the
                 rice of the President, shall seek to mediate the differences       Secretary for use for the following:
                 involved in such disagreement. The process of such                    (A) Expenses incident to the administration of this
                 mediation shall, with respect to any disagreement                  title, in an amount not to exceed-
                 described in paragraph (2), include public hearings which             (i) S5,000,000 for fiscal year 1991.
                 shall be conducted in the local area concerned.                       (ii) S5,225,000 for fiscal year 1992,
                    (i) With respect to appeals under subsections (c)(3)               (iii) S5,460,125 for fiscal year 1993;
                 and (d) which are submitted after the date of the                     (iv) S5,705,830 for fiscal year 1994, and
                 enactment of the Coastal Zone Act Reauthorization                     (v) S5,962,593 for fiscal year 1995.
                 Amendments of 1990, the Secretary shall collect an                    (B) After use under subparagraph (A)-
                 application fee of not less than $200 for minor appeals               (i) projects to address management issues which are
                 and not less than S500 for major appeals, unless'the               regional in scope, including interstate projects;
                 Secretary, upon consideration of an applicant's request               (ii) demonstration projects which have high potential
                 for a fee waiver, determines that the applicant is unable          for improving coastal zone management, especially at
                 to pay the fee. The Secretary iliall collect such other fees       the local level;
                 as are necessary to recover the full costs of administering           (iii) emergency grants to State coastal zone manage-
                 and processing such appeals under subsection (c).                  ment agencies to address unforeseen or disaster-related
                 [307(i). added by PL 101-509]
                                                                                    circumstances;
                      COASTAL ZONE MANAGEMENT FUND                                     (iv) appropriate awards recognizing excellence in
                 [308 revised by PL 95-372, PL 101-5081                             coastal zone management as provided in section 314;
                    SEC. 308. (a)(1) The obligations of any coastal state              (v) program development grants as authorized by
                 or unit of general purpose local government to repay               section 305; and

                                                                       Fj w"annom Fleponw

                                                                           1 3

                                                                                                                                             S-M
                  COASTAL ZONE ACT                                                                                                        71:8011

                    (vi) to provide financial support to coastal States for          criteria established by the Secretary under subsection
                  use for investigating and applying the public trust doc-           (d). The Secretary shall ensure that funding decisions
                  trinc to implement State management programs ap.                   under this section take into consideration the fiscal and
                  proved under section 306.                                          technical needs of proposing States and the overall merit
                    (3) On December I of each year, the Secretary shall              of each proposal in terms of benefits to the public.
                  transmit to the Congress an annual report on the Fund,                (d) Within 12 months following the date of enactment
                  including the balance of the Fund and an itemization of            of this section, and consistent with the notice and partici-
                  all deposits into and disbursements from the Fund in the           pation requirements established in section 317, the Sec-
                  preceding fiscal year.                                             retary shall promulgate regulations concerning coastal
                    COASTAL ZONE ENHANCEMENT GRANTS                                  zone enhancement grants that establish-
                  (309 revised by PL 96-464; PL 101-508]                                (1) specific and detailed criteria that must be ad-
                    SEC. 309. (a) For purposes of this section, the term             dressed by a coastal state (including the State's priority
                  'coastal zone enhancement objective' means any of the              needs for improvement as identified by the Secretary
                  following objectives:                                              after careful consultation with the State) as part of the
                                                                                     State's development and implementation of coastal zone
                    (1) Protection, restoration, or enhancement of the               enhancement objectives;
                  existing coastal wetlands base, or creation of new coastal            (2) administrative or procedural rules or requirements
                  wetlands.                                                          as necessary to facilitate the development and implemen-
                    (2) Preventing or significantly reducing threats to life         tation of such objectives by costal states; and
                  and destruction of property by eliminating development                (3) other funding award criteria as are necessary or
                  and redevelopment in higb-hazard areas, managing de-               appropriate to ensure that evaluations of proposals, and
                  velopment in other hazard areas, and anticipating and              decisions to award funding, under this section are based
                  managing the effects of potential sea level rise and Great         on objective standards applied fairly and equitably to
                  Lakes level rise.                                                  those proposals.
                    (3) Attaining increased opportunities for public ac-                (e) A State shall not be required to contribute any
                  cess, taking into account current and future public ac-            portion of the cost of any proposal for which funding is
                  cess needs, to coastal areas of recreational, historical,          awarded under this section.
                  aesthetic, ecological, or cultural value.                             (f) Beginning in fiscal year 1991, not less than 10
                    (4) Reducing marine debris entering the Nation's                 percent and not more than 20 percent of the amounts
                  coastal and ocean environment by managing uses and                 appropriated to implement sections 306 and 306A of this
                  activities that contribute to the entry of such debris.            title shall be retained by the Secretary for-use in imple-
                    (5) Development and adoption of procedures to assess,            menting this section, up to a maximum of S10,000,000
                  consider, and control cumulative and secondary impacts             annually.
                  of coastal growth and development, including the collec-              (g) If the Secretary finds that the State is not under-
                  tive effect on various individual uses or activities on            taking the actions committed to under the terms of the
                  coastal resources, such as coastal wetlands and fishery            grant, the Secretary shall suspend the State's eligibility
                  resources.                                                         for further funding under this section for at least one
                    (6) Preparing and implementing special area manage-              year.
                  ment plans for important coastal areas.
                    (7) Planning for the use of ocean resources.                                  TECHNICAL ASSISTANCE
                    (8) Adoption of procedures and enforceable policies to           [310 added by PL 101-508)
                  help facilitate the siting of energy facilities and Govern-           SEC. 3 10. (a) The Secretary shall conduct a program
                  ment facilities and energy-re 'lated activities and Govern-        of technical assistance and managment-oriented research
                  ment activities which may be of greater than local                 necessary to support the development and implementa-
                  significance.                                                      tion of State coastal management program amendments
                    (b) Subject to the limitations and goals established in          under section 309, and appropriate to the furtherance of
                  this section, the Secretary may make grants to coastal             international cooperative efforts and technical assistance
                  states to provide funding for development and submis-              in coastal zone management. Each department, agency,
                  sion for Federal approval of program changes that sup-             and instrumentality of the executive branch of the Fcd-
                  port attainment of one or more coastal zone enhance-               cral Government may assist the Secretary, on a reim-.
                  ment objectives.                                                   bursable basis or otherwise, in carrying out the purposes
                    (c) The Secretary shall evaluate and rank State pro-             of this section, including the furnishing of information to
                  posals for funding under this section, and make funding            the extent permitted by law, the transfer of personnel
                  awards based on those proposals, taking into account the           with their consent and without prejudice to their position

                  3-8-91                       Published try THE BUREAU OF NATIONAL AFFAIRS, INC., Wsshwq=. D.C. 20037

                                                                        1 1 4

                   71:8012                                                                                                    FEDERAL LAWS

                   and rating, and the performance of any research, study,           evaluation. Each evaluation shall be prepared in report
                   and technical assistance which does not interfere with            form and shall include written responses to the written
                   the performance of the primary duties of such depart-             comments received during the evaluation process. The
                   ment, agency, of instrumentality. The Secretary may               final report of the evaluation shall be completed within
                   enter into contracts or other arrangements with any               120 days after the last public meeting held in the State
                   qualified person for the purposes of carrying out this            being evaluated. Copies of the evaluation shall be imme-
                   subsection.                                                       diately provided to all persons and organizations partici-
                     (b)(1) The Secretary shall provide for the coordina-            pating in the evaluation process.
                   tion of technical assistance. studies. and research activi-       [312(b) revised by PL 101-508]
                   ties under this section with any other such activities that         (c)(1) The Secretary may suspend payment of any
                   are conducted by or subject to the authority of the               portion of financial assistance extended to any coastil
                   Secretary.                                                        state under this title, and may withdraw any unexpended
                     (2) The Secretary shall make the results of research            portion of such assistance, if the Secretary determines
                   and studies conducted pursuant to this section available          that the coastal state is failing to adhere to (A) the
                   to coastal states in the form of technical assistance             management program or a State plan developed to
                   publications, workshops, or other means appropriate.              manage a national estuarine reserve established under
                     (3) The Secretary shall consult with coastal states on          section 3 15 of this title, or a portion of the program or
                   a regular basis regarding the development and imple-              plan approved by the Secretary, or (B) the terms of any
                   mentation of the program established by this section.             grant or cooperative agreement funded under this title.
                                    PUBLIC HEARINGS                                    (2) Financial assistance may not be suspended under
                                                                                     paragraph (1) unless the Secretary provides the Gover-
                     SEC. 311. All public hearings required under this title         nor of the coastal state with-
                   must be announced at least thirty days prior to the hear-           (A) written specifications and a schedule for the
                   M2 date. At the time of the announcement. all agency              actions that should be taken by the State in order that
                   materials pertinent to the hearings. including documents.         such suspension of financial assistance may be with-
                   itudies. and other data, must be made available to the            drawn-, and
                   public for revie%% and study. As similar materials are sub-         (B) written specifications stating how those        funds
                   sequently developed. they shall be made available to the          from the suspended financial assistance shall be expend-
                   public as thev become available to the agency.                    ed by the coastal state to take the actions referred to in
                              RE'VIEW OF PERFORMANCE                                 subparagraph (A).
                   (312 revised by PL 96-4641                                          (3) The suspension of financial assistance may not last
                     SEC. 312. (a) The Secretary shall conduct a con-                for less than 6 months or more than 36 months after the
                   tinuing review of the performance of coastal states               date of suspension.
                   with respect to coastal management. Each review shall             (312(c) amended by PL 99-272; revised by PL
                   include a written evaluation with an assessment and               101-5081
                   detailed findings concerning the extent to which the state          (d) The Secretary shall withdraw approval of the
                   has implemenEed and enforced the program approved by              management program of any coastal state and shall
                   che Secretary, addressed the coastal management needs             withdraw financial assistance available to that State
                   identified in section 303(2)(A) through (K). and ad-              under this title as well as any unexpended portion of
                   hered to the terms of any grant, loan, or cooperative             such assistance, if the Secretary determines that the
                   agreement funded under this title.                                coastal state has failed to take the actions referred to in
                   (312(a) amended by PL 101-508]                                    subsection (c)(2)(A).
                     (b) In evaluating a coastal state's performance, the            (312(d) revised by PL 101-5081
                   Secretary shall conduct the evaluation in an open and               (e) Management program approval and financial
                   public manner, and provide full opportunity for public            assistance may not be withdrawn under subsection (d).
                   participation, including holding public meetings in the           unless the Secretary gives the coastal state notice of
                   State being evaluated and providing opportunities for             the proposed withdrawal and an opportunity for a
                   the submission of written and oral comments by the                public hearing on the pr9posed action. Upon the with-
                   public. The Secretary shall provide the public with at            drawal of   management program approval under this
                   least 45 days' notice of such public meetings by placing a.       subsection  (d), the Secretary shall provide the coastal
                   notice in the Federal Register, by publication of timely          state with written specifications of the actions that
                   notices in newspapers of general circulation within the           should be   taken, or not engaged in, by the state in
                   State being evaluated. and by communications with                 order that  such withdrawal may be canceled by the
                   persons and organizations known to be interested in the           Secretary.

                                                                        Environt w Pewter
                                                                        11 5

                                                                                                                                               S-882
               COASTAL ZONE ACT                                                                                                             71:8013

                  (f) [Repealed]                                                        (2) 5 local governments which have made the most
               [312(f) repealed by PL 101-508]                                        progress in developing and implementing the coastal
                                                                                      zone management principles embodied in this title: and
                  [Editor's note.- Section 9(b) of PL 96-464 provides:                  (3) up to 10 graduate students whose academic study
                  -(b) Within two hundred and seventy days after                      promises to contribute materially to development of new
               the date of the enactment of this Act, the Secretary of                or improved approaches to coastal zone management.
               Commerce shall issue such regulations as may oe                          (c) In making selections under subsection (b)(2) the
               necessary or appropriate to administer section 312 of                  Secretary shall solicit nominations from the coastal
               the Coastal Zone Management Act of 1972 (as                            states, and shall consult with experts in local government
               amended by subsection (a)* of this section)."]                         planning and land use.
                               RECORDS AND AUDIT                                        (d) In making selections under subsection (b)(3) the
                                                                                      Secretary shall solicit nominations from coastal states
                  SEC. 313. (a) Each recipient of a grant under this                  and the National Sea Grant College Program.
               title or of financial assistance under Sec. 308 shall                    (e) Using sums in the Coastal Zone Management
               keep such records as the Secretary shall prescribe,                    Fund established under section 308, the Secretary shall
               including. records which fully disclose the amount and                 establish and execute appropriate awards, to be known
               disposition of the funds received under the grant and of               as the *Walter B. Jones Awards', including-
               the proceeds of such assistance. the total cost of the pro@              (1) cash awards in an amount not to exceed $5,000
               ject or undertaking supplied by other sources. and such                each;
               other records as will facilitate an effective audit.                     (2) research grants; and
                  (b) The Secretary and the Comptroller General of the                  (3) public ceremonies to acknowledge such awards.
               United States, or any of their duly authorized represen-                             ADVISORY COMMITTEE
               tatives. shall -
                  ( 1) after any grant is made under this title or any finan-           SEC. 314. (Repealed]
               cial assistance is provided under section 308(d): and
                  (2) until the expiration of 3 years after -                         (314 repealed by PL 99-272]
                  (A) completion of the project, program, or other un-                       NATIONAL ESTUARINE RESEARCH
               dertaking for which such grant was made or used. of,                                      RESERVE SYSTEM
                  (B) -repayment of the loan or guaranteed indebtedness               (315 head amended by PL 101-508]
               for which such financial assistance was provided,
               have access for purposes of audit and examination to any                 SEC. 315. (a) Establishment of the System.-There is
               record. book, document. and paper which belongs to or is               established the National Estuarine R@eserve Research
               used or controlled by, any recipient of the grant funds or             System (hereinafter referred to in this section as the
               any person who entered into any transaction relating to                'System') that consists of- .
               such Financial assistance and which is pertinent for pur-                ( I ) each estuarine sanctuary designated under this
               poses of determining if the grant funds or the proceeds of             section as in effect before the date of the enactment of
               such Financial assistance are being. or were, used in ac-              the Coastal Zone Management Reauthorization Act of
               cordance with the provisions of.this title.                            1985; and @
                                                                                        (2) each estuarine area designated as a national es-
               (The second 313 was added by PL 101-508]                               tuarine reserve under subsection (b).
               WALTER B. JONES EXCELLENCE IN COASTAL                                  Each estuarine sanctuary referred to in paragraph (1) is
                         ZONE MANAGEMENT AWARDS                                       hereby designated as a national estuarine reserve.
                  SEC. 313. (a) The Secretary shall, using sums in the                  (b) Designation of National Estuarine Reserves.-
               Coastal Zone Management Fund established under sec-                    After the date of the enactment of the Coastal Zone
               tion 308, implement a program to promote excellence in                 Management Reauthorization Act of 1985. the Sccre-
               coastal zone management by identifying and acknowi-                    tary may designate an estuarine area as a national
               edging outstanding accomplishments in the field.                       estuarine reserve if-
                  (b) The Secretary shall select annually-                              (1) the Governor of the coastal State in which the
                  (1) one individual, other than an employee or officer               area is located nominates the area for that designation;
               of the Federal Government, whose contribution to the                   and
               field of coastal zone management has been the most                       (2) the Secretary finds that-
               significant;                                                             (A) the area is a representative estuarine ecosystem
                                                                                      that is suitable for long-term research and contributes to
                                                                                      the biogeographical and typological balance of the
                    'Subsecuon (dl,,,i,,,d Smion 112 of Ili, Act,                     System:

                                              Pubtispied by THE BUREAU OF NATIONAL AFFAIRS, INC., washtngton. D.C. 20037

                                                                         1 16

                71:8014                                                                                                        FEDERAL LAWS

                   (B) the law of the coastal State provides long-term                 (i) for purposes of acquiring such lands and waters,
                protection for reserve resources to ensure a stable envi-           and any property interests therein, as are necessary to
                ronment for research;                                               ensure the appropriate long-term management of an
                   (C) designation of the area as a reserve will serve to           area as a national estuarine reserve,
                enhance public awareness and understanding of estuar-                  (ii) for purposes of operating or managing a national
                ine areas, and provide suitable opportunities for public            estuarine reserve and constructing appropriate reserve
                education and interpretation; and                                   facilities, or
                   (D) the coastal State in which the area is located has              (iii) for purposes of conducting educational or inter-
                complied with the requirements of any regulations issued            pretive activities; and
                by the Secretary to implement this section.                            (B) to any coastal State or public or private person for
                   (c) Estuarine Research Guidelines.-The Secretary                 purposes of supporting research and monitoring within a
                shall develop guidelines for the conduct of research                national estuarine reserve that are consistent with the
                within the System that shall include-                               research guidelines developed under subsection (c).
                   (1) a mechanism for identifying, and establishing                   (2) Financial assistance provided under paragraph (1)
                priorities among, the coastal management issues that                shall be subject to such terms and conditions as the
                should be addressed through coordinated research within             Secretary considers necessary or appropriate to protect
                the System;                                                         the interests of the United States, including requiring
                   (2) the establishment of common research principles              coastal States to execute suitable title documents setting
                and objectives to guide the development of research                 forth the property interest or interests of the United
                programs within the System;                                         States in any lands and waters acquired in whole or part
                   (3) the identification of uniform research methodolo-            with such financial assistance.
                gies which will ensure comparability of data, the broad-               (3)(A) The amount of the financial assistance pro-
                est application of research results, and the maximum use            vided under paragraph (1)(A)(i) with respect to the
                of the System for research purposes;                                acquisition of lands and waters, or interests therein, for
                   (4) the establishment of performance standards upon              any one national estuarine reserve may not exceed an
                which the effectiveness of the research efforts and the             amount equal to 50 percent of the costs of the lands,
                value of reserves within the System in addressing the               waters,  and interests therein or S5,000,000, whichever
                coastal management issues identified in subsection (1)              amount is less.
                may be measured; and                                                (315(c)(3)(A) amended by PL 101-5081
                   (5) the consideration of additional sources of funds for            (B) The amount of the financial assistance provided
                estuarine research than the funds authorized under this             under paragraph (1)(A)(ii) and (iii) and paragraph
                Act, and strategies for encouraging the use of such funds           (1)(B) may not exceed 70 percent of the costs incurred
                within the System, with particular emphasis on mecha-               to achieve the purposes described in those paragraphs
                nisms established under subsection (d).                             with respect to a reserve; except that the amount of the
                In developing the guidelines under this section, the                financial    assistance    provided     under      paragraph
                Secretary @hall consult with prominent members of the               (1)(A)(iii) may be up to 100 percent of any costs for
                estuarine research community.                                       activities that benefit the entire System.
                   (d) Promotion and Coordination of Estuarine Re-                  [315(c)(3)(B) amended by PL 101-5081
                search.-The Secretary shall take such action as is                     (f) Evaluation of System Performance.-( I) The Sec-
                necessary to promote and coordinate the use of the                  retary shall periodically evaluate the operation and man-
                System for research purposes including-                             agement of each national estuarine reserve, including
                   (1) requiring that the National Oceanic and Atmo-                education and interpretive activities, and the research
                spheric Administration, in conducting or supporting es-             being conducted within the reserve.
                tuarine research give priority consideration to research               (2) If evaluation under paragraph (1) reveals that the
                that uses the System; and                                           operation and management of the reserve is deficient, or
                   (2) consulting with other Federal and State agencies             that the research being conducted within the reserve is
                to promote use of one or more reserves within the                   not consistent with the research guidelines developed
                System by such agencies when conducting estuarine                   under subsection (c), the Secretary may suspend the
                research.                                                           eligibility of that reserve for financial assistance Linder
                   (e) Financial Assistance.-(I) The Secretary may, in              subsection (e) until the deficiency or inconsistency is
                accordance with such rules and regulations as the Secre-            remedied,
                tary shall promulgate, make grants-                                    (3) The secretary may withdraw the designation of an
                   (A) to a coastal State-                                          estuarine area as a national estuarine reserve if evalua-

                                                                       Fj wwor im t ReM tim
                                                                         11.7

                                                                                                                                                    S-8112
                COASTAL ZONE ACT                                                                                                                 71:8015

                tion under paragraph (1) reveals that-                                   zone including identification and discussion of Federal,
                   (A) the basis for any one or more of the findings made                regional, state, and local responsibilities and functions
                under subsection (b)(2) regarding that area no longer                    therein. (9) a summary of outstanding problems arising
                exists; or                                                               in the administration of this title in order of priority.
                   (B) a substantial portion of the research conducted                   (10) a description of the economic, environmental, and
                within the area, over a period of years, has not been                    social consequences of energy activity affecting the
                consistent with the research guidelines developed under                  coastal zone and an evaluation of the effectiveness of
                subsection (c).                                                          financial assistance under section 308 in dealing with
                   (S) Report.-The Secretary shall include in the report                 such consequences; (11) a description and evaluation
                required under section 316 information regarding-                        of applicable interstate and regional planning and
                   (1) new designations of national estuarine reserves;                  coordination mechanisms developed by the coastal
                   (2) any expansion of existing national estuarine                      states; (12) a-sumnyary and evaluation of the research,
                reserves;                                                                studies, and training conducted in support of coastal zone
                   (3) the status of the research program being conduct-                 management. and (13) such other information as may
                cd within the System; and                                                be appropriate.
                   (4) a summary of the evaluations made under subsec-                   [316(a) amended by PL 96-4641
                tion (f).                                                                  (b) The report required by subsection (a) shall contain
                                                                                         such recommendations for additional legislation as the
                [315 amended by PL 96-464; revised by PL 99-2721                         Secretary deems necessary to achieve the objectives of
                   COASTAL ZONE MANAGEMENT REPORT                                        this title and enhance its effective operation.
                                                                                           (c) (1) The Secretary shall conduct a systematic
                [316 head revised by PL 96-4641                                          review of Federal programs, other than this title, that
                   SEC. 316. (a) The Secretary shall consult with the                    affect coastal resources for purposes of identifying
                Congress on a regular basis concerning the administra-                   conflicts between the objectives and administration of
                tion of this title and shall prepare and submit to                       such programs and the purposes and policies of this
                the President for transmittal to the Congress a report                   title. Not later than I year after the date of the enact-
                summarizing the administration of this title during each                 ment of this subsection, the Secretary shall notify each
                period of two consecutive fiscal years. Each report, which               Federal agency having appropriate jurisdiction of any
                shall, be transmitted to the Congress not later than                     conflict between its program and the purposes and
                April I of the year following the close of the                           policies of this title identified as a result of such review.
                biennial period to which it pertains, shall include, but                   (2) The Secretary shall promptly submit a report to
                not be restricted to (1) an identification of the state                  the Congress consisting of the information required
                programs approved pursuant to this title during the                      under paragraph (1) of this subsection. Such report
                preceding Federal fiscal year and a description of those                 shall include recommendations for changes necessary to
                programs: (2) a listing of the states participating in                   resolve existing conflicts among Federal laws and
                the provisions of this title and a description of the                    programs that affect the uses of coastal resources.
                status of each state's programs and its accomplishments                  1316(c) added by PL 96-4641
                during the preceding Federal fiscal year: (3) an itemiza..
                tion of the allocation of funds to the various coastal
                states and a breakdown of the major projects andareas                               RULES AND REGULATIONS
                on which these funds were expended; (4) an identiri-                     SEC 317. The Secretary shall develop and promulgate,
                cation of any state programs which have been reviewed                  pursuant to section 553 of title 5. United States Code,
                and disapproved and a statement of the reasons for such                after notice and opportunity for full participation by rele-
                action: (5) a summary of evaluation findings prepared                  vant Federal agencies, state agencies, local governments.
                in accordance with subsection (a) of section 312, and a                regional organizations, port authorities, and other in-
                description of any sanctions imposed under subsections                 terested parties, both public and private, such rules and
                (c) and (d) of this section; (6) a listing of all activities           regulations as may be necessary to carry out the
                and projects which, pur3uant to the provisions of sub-                 provisions of this title.
                section (c) or subsection (d) of section 307, are not
                consistent with an applicable approved state manage-                       AUTHORIZATION OF APPROPRIATIONS
                ment program. (7) a summary of the regulations issued                     SEC. 318. (a) There are authorized to be appropriated
                by the Secretary or in effect during. the preceding                    to the Secretary -
                Federal fiscal year; (8) a summary of a coordinated
                national strategy and program for the Nation's coastal                 [318(a) revised by PL 96-464; PL 99-272; PL 101-508)

                3-a-91                         PublWved Dy THE BUREAU OF NATIONAL AFFAIRS. INC.. WaMington. D.C. 20037

                                                                            1 1 8

                     71:8016                                                                                                           FEDERAL LAWS

                       (1) such sums, not to exceed S750,000 for each of the                  SEC. 13. A DM17YISTRA TION
                     fiscal years occurring during the period beginning Octo.                 (a) [Repealed by PL 95-2191
                     ber 1. 1990, and ending September 30. 1993, as may be                    (b) [Superseded by subsection (b) of PL 95-219.
                     necessary for grants under section 305, to remain avail.              See editor's note below.)
                     able until expended;
                       (2) such sums, not to exceed S42,000,000 for the fiscal                (c) (Repealed by PL 99-2721
                     year ending September 30, 1991, S48,890,000 for the                      SEC. 16. SHELLFISH SANITATION REGULA-
                     fiscal year ending September 30, 1992, S58,870,000 for                TIONS.
                     the fiscal year ending September 30, 1993, S67,930,000                   (a) The Secretary of Commerce shall -
                     for the. fiscal year ending September 30, 1994, and                      (1) undertake a comprehensive review of all aspects of
                     S90,090,000 for the fiscal year ending September 30,                  the molluscan shellfish industry, including, but not
                     1995, as may be necessary for grants under sections 306,              limited to. the harvesting, processing, and transportation
                     306A, and 309, to remain available until expended;                    of such shellfish, and
                       (3) such sums, not to exceed $6,000,000 for the fiscal                 (2) evaluate the impact of Federal law concerning
                     year ending September 30, 1991, S6,270,000 for the                    water quality on the molluscan shellfish industry.
                     fiscal year ending September 30, 1992, S6,552,000 for                    The Secretary of Commerce shall, not later than April
                     the fiscal year ending September 30, 1993, S6,847,000                 30, 1977. submit a report to the Congress of the findings,
                     for the fiscal year ending September 30, 1994, and                    comments, and recommendations (if any) which result
                     S7,155,000 for the fiscal year ending September 30                    from such review and evaluation.
                                                                                              (b) The Secretary of Health, Education, and Welfare
                     1995, as may be necessary for grants under section 31:5,
                     to remain available until expended; and                               shall not promulgate final regulations concerning the
                       (4) such sums, not to exceed S10,000,000 for each of                national shellfish safety program before June 30, 1977.
                     the fiscal years occurring during the period beginning                At least 60 days prior to the promulgation of any such
                     October 1, 1990, and ending September 30, 1995, as                    regulations, the Secretary of Health, Education, and
                     may be necessary for activities under section 3 10 and for            Welfare. in consultation with the Secretary of Commerce.
                     administrative expenses incident to the administration of             shall publish an analysis (1) of the economic impact of
                     this title; except that expenditures for such administra-             such regulations on the domestic shellf-ish industry, and
                     tive expenses shall not exceed S5,000,000 in any such                 (2) the cost of such national shellfish safety program
                     fiscal year.                                                          relative to the benefits that it is expected to achieve.
                       (b) There are authorized to be appropriated until                      (Editor's note. In addition to repealing Section 15(a)
                     October 1, 1986, to the Fund, such sums, not to exceed                of PL 94-370, subsection (b) of PL 95-219 amended
                     S800,000,000, for the purposes of carrying out the                    Section 5316 of Title 5, United States Code as follows:
                     provisions of section 308. other than subsection (b), of                 "(140) Assistant Administrator for Coastal Zone
                     which not to exceed S150,000,000 shall be for purposes                Management, National Oceanic and Atmospheric Ad-
                     of subsections (c)(1), (c)(2) and (c)(3) of such                      ministration.
                     Section.                                                                 (141) Assistant Administrator for Fisheries, National
                     (318(b) amended by PL 96-464]                                         Oceanic and Atmospheric Administration.
                       (c) Federal funds received from other sources shall                    (142) Assistant Administrators (3). National Oceanic
                     not be used to pay a coastal state's share of costs under             -and Atmospheric Administration.
                     section 306 or 309.                                                      (143) General Counsel, National Oceanic and
                     [318(c) amended by PL 96-4641                                         Atmospheric Administration."]
                       (d) The amount of any grant. or portion of a grant,                    fEditor's note: Sections 2 through I I and 13 of
                     made to a State under any section of this Act which is                PL 96-464 amended and have been incorporated into the
                     not obligated, by such State during the fiscal year, or               existing language of this Act. Section 12 of PL 96-464
                     during the second fiscal year after the fiscal year, for              follows:)
                     which it was first authorized to be obligated by such
                     State shall revert to the Secretary. The Secretary shall                 SEC 12, CONGRESSIONAL DISAPPROVAL
                     add such reverted amount to those funds available for                 PROCEDURE.
                     grants under the section for such     reverted amount was                (a) (1) The Secretary, after promulgating a final
                     originally made available.                                            rule. shall submit such final rule to the Congress for
                     (318(d) added by PL 99-626]                                           review in accordance with     this section. Such final rule
                       [Editor's note: In addition to amending existing sec-               shall be delivered to each House of the Congress on
                     tions of the Coastal Zone Management Act of 1972 and                  the same date and to each House of the Congress while
                     adding new sections to the Act, PL 94-370 includes the                it is in session. Such final  rule shall be referred to the
                     following sections:]                                                  Committee on Commerce,        Science, and Transportation

                                                                             Enwannwn Ft

                                                                               1 19

                                                                                                                                          S-882
                 COASTAL ZONE ACT                                                                                                      71:8017

                 of the Senate and to the Committee on Merchant                      (5) Notwithstanding any other provision of this
                 Marine and Fisheries of the House, respectively.                  subsection, if a House has approved a concurrent
                   (2) Any such final rule shall become effective in               resolution with respect to any Final rule of the
                 accordance with its terms unless, before the end of the           Secretary, then it shall not be in order to consider in
                 period of sixty calendar days of continuous session.              such House any other concurrent resolution with respect
                 after the date such Final rule is submitted to the Congress,      to the same final rule.
                 both Houses of the Congress adopt a concurrent resolu-              (c) (1) If a final rule of the Secretary is disapproved
                 tion disapproving such final rule.                                by the Congress under subsection (a)(2), then the
                   (b) (1) The provisions of this subsection are                   S@cretary may promulgate a Final rule which relates
                 enacted by the Congress-                                          to the same acts or practices as the final rule disapproved
                   (A) as an exercise in the rulemaking power of the               by the Congress in accordance with this subsection.
                 House of Representatives and as such they are deemed              Such final rule-
                 a part of the Rules of the House of Representatives                 (A) shall be based upon-
                 but applicable only with respect to the procedure to be             (i) the rulemaking record of the final rule dis-
                 followed in the House of Representatives in the case of           approved by the Congress; or
                 concurrent resolutions which are subject to this section.           (ii) such rulemaking record and the record estab-
                 and such provisions supersede other rules only to the             lished in supplemental rulemaking proceedings con-
                 extent that they are inconsistent with such other rules;          ducted by the Secretary in accordance with section 553 of
                 and                                                               title 5, United Stateg Code, M any case in which the
                   (B) with full recognition of the constitutional right           Secretary determines that it is necessary to supplement.
                 of either House to change the rules (so far as relating           the existing rulemaking record, and
                 to the procedure of that House) at any time in the same             (B) may contain such changes as the Secretary
                 manner and to the same extent as in the case of any               considers necessary or appropriate.
                 other rule of that House.                                           (2) The Secretary after promulgating a Final rule
                   (2) Any concurrent resolution disapproving a final              under this subsection, shall submit the final rule to the
                 rule of the Secretary shall, upon introduction or receipt         Congress in accordance with subsection (a)(1).
                 from the other House of the Congress, be referred                   (d) Congressional inaction on, or rejection of a
                 immediately by the presiding officer of such House to             concurrent resolution of disapproval under this section
                 the Committee on Commerce, Science, and Transporta-               shall not be construed as an expression of approval
                 tion of the Senate or to the Committee on Merchant                of the Final rule involved, and shall not be construed
                 Marine and Fisheries of the House, as the case may be.            to create any presumption of validity with respect to
                   (3) (A) When a committee has reported a con-                    such final rule.
                 current resolution, it shall be at any time thereafter in           (e) (1) Any interested party may institute such
                 order (even though a previous motion to the same effect           actions in the appropriate district court of the United
                 has been disagreed to) to move to proceed to the con-             States, including actions for declaratory judgment. as
                 sideration of the concurrent resolution. The motion               may be approp@riate to construe the constitutionality
                 shall be highly privileged in the House Of Representa-            of any provision of this section. The district court
                 tives, and shall not be debatable. An amendment to                immediately shall certify all questions of the consti-
                 such motion shall not be in order, and it shall not be            tutionality of this section to the United States court
                 in order to move to reconsider the vote by which the              of appeals for the circuit involved, which shall hear
                 motion was agreed to or disagreed to.                             the matter sitting en banc.
                   (B) Debate in the House of Representatives on the                 (2) Notwithstanding any other provision of law. any
                 concurrent resolution shall be limited to not more than           decision on a matter certified under paragraph (1)
                 ten hours which shall be divided equally between those            shall be reviewable by appeal directly to the Supreme
                 favoring and those opposing such concurrent resolution            Court of the United States. Such appeal shall be brought
                 and a motion further to limit debate shall not be                 not later than twenty days after the decision of the
                 debatable.  In the House of Representatives, an amend-            court of appeals.
                 ment to, or motion to recommit, tht concurrent                      (8) [Repealed]
                 resolution shall not be in order, and it shall not be.
                 in order to move to reconsider the vote by which such             (12(e)(3) repealed by PL 98-6201
                 concurrent  resolution was agreed to or disagreed to                (f) (1) For purposes of this section-
                   (4) Appeals from the decision of the Chair relating               (A) continuity of session is broken only by an ad-
                 to the application of the rules of the House of Repre-            journment sine die, and
                 sentativcs to the procedure relating to a concurrent                (B) days on which the House of Representatives is
                 resolution shall be decided without debate.                       not in session because of an adjournment of more

                 34-91                        Pubfthed f2y TME SURFAU OF NATIONAL AFFAIRS, INC., WashwVton. D.C. 20037

                                                                         120

                     71:8018                                                                                                             FEDERAL LAWS

                     than five days to a day certain are excluded in                        1329, and 1330) and with State plans developed puts
                     the computation of the periods specified in subsection                 ant to the Coastal Zone Management Act of 1972, a*
                     (a)(2) and subsection (b).                                             amended by this Act. The program shall serve as an
                       (2) If an adjournment sine die of the Congress                       update and expansion of the State nonpoint source man-
                     occurs after the Secretary has submitted a final rule                  agement program developed under section 319 of the
                     under subsection (aXI), but such adjournment occurs-                   Federaf Water Pollution Control Act. as the program
                       (A) before the end of the period specified in                        under that section relates to land and water uses affect-
                     subsection (a)(2): and                                                 ing coastal waters.
                       (B) before any action necessary to disapprove the                       (b) Program Contents. - Each State program under
                     final rule is completed under subsection (a)(2);                       this.section shall provide for the implementation, at a
                     then the Secretary shall be required to resubmit the                   minimum, of management measures in conformity with
                     Final rule involved at the beginning of the next regular               the guidance published under subsection (g), to protect
                     session of the Congress. The period specified in sub-                  coastal waters generally and shall also contain the
                     section (a)(2) shall begin on the date of such resub-                  following:
                     mission.                                                                  (1) Identifying land uses. - The identification of, and
                       (g) For purposes of this     section:                                a continuing process for identifying, land uses which,
                       (1) The term "Secretary" means the Secretary of                      individually or cumulatively, may cause or contribute
                     Commerce.                                                              significantly to a degradation of -
                       (2) The term "concurrent resolution" means a con-                       (A) those coastal waters where there is a failure to.
                     current resolution the matter after the resolving clause               attain or maintain applicable water quality standards or
                     of which is as follows: "That the Congress disapproves                 protect designated uses, as determined by the State
                     the final rule promulgated by the Secretary. of Commerce               pursuant to its water quality planning processes; or
                     dealing with the matter of                I which final rule              (B) those coastal waters that are threatened by rea-
                     was submitted to the Congress on                           (The        sonably foreseeable increases in pollution loadings from
                     blank spaces shall be filled appropriately.)                           new or expanding sources.
                     @ (3) The term "rule" means any rule promulgated                          (2) Identifying critical coastal areas. - The identifi-
                     by the Secretary pursuant to the Coastal Zone Manage-                  cation of, and a continuing process for identifying, criti-
                     ment Act (16-U.S.C. 1450 et. seq.).                                    cal coastal areas adjacent to coastal waters referred to in
                       (h) The provisions of this section shall take effect                 paragraph (1)(A) and (B), within which any new Ian
                     on the date of the enactment of this Act and shall                     uses or substantial expansion of existing land uses shal*l
                     cease to have any force or effect after September 30,                  -be subject to management measures in addition to those
                     1985.                                                                  provided for in subsection (g).
                       [Editor's note: Sec. 6217 of P.L. 101-508 did not                       (3) Management measures. - The implementation
                     amend the Coastal Zone Management Act of 1972, but                     and continuing revision from time to time of additional
                     provides the following:                                                management measures applicable to the land uses and
                             PROTECTING COASTAL WATERS                                      areas identified pursuant to paragraphs (1) and (2) that
                                                                                            are necessary to achieve and maintain applicable water
                       SEC. 6217. (a) In General. - (1) Program develop.                    quality standards under section 303 of the Federal Wa-
                     ment. - Not later than 30 months after the date of the                 ter Pollution Control Act (33 U.S.C. 1313) and protect
                     publication of final guidance under subsection (S), each               designated uses.
                     State for which a management program has been ap-                         (4) Technical assistance. - The provision of technical
                     proved pursuant to section 306 of the Coastal Zone                     and other assistance to local governments and the public
                     Management Act of 1972 shall prepare and submit to                     for implementing the measures referred to in paragraph
                     the Secretary and the Administrator a Coastal Nonpoint                 (3), which may include assistance in developing ordi-
                     Pollution Control Program for approval pursuant to this                nances and regulations, technical guidance, and model-
                     section. The purpose of the program shall be to develop                ing to predict and assess the effectiveness of such mea-
                     and implement management menures for nonpoint                          sures, training, financial incentives, demonstration
                     source pollution to restore and protect coastal waters,                projects, and other innovations to protect coastal water
                     working in close conjunction with other State and local                quality and designated uses.
                     authorities.
                       (2) Program coordination. - A State program under                       (5) Public participation. - Opportunities for public
                     this section shall be coordinated closely with State and               participation in all aspects of the program, including the
                     local water quality plans and programs developed pursu-                use of public notices and opportunities for comment,
                     ant to sections 208, 303, 319, and 320 of the Federal                  nomination procedures, public hearings, technical and
                     Water Pollution Control Act (33 U.S.C. 1288, 1313,                     financial assistance, public education, and other means.

                                                                              Envi"rdmM ROM tw
                                                                                 121

                                                                                                                                           S-882
                   COASTAL ZONE ACT                                                                                                      71:8019

                     (6) Administrative coordination.-The establishment              The Secretary shall make amounts withheld under this
                   of mechanisms to improve coordination among State                 paragraph available to coastal States having programs
                   agencies and between State and local officials responsi-          approved under this section.
                   ble for land use programs and permitting. water quality              (4) Withholding , water pollution control assist-
                   permitting and enforcement, habitat protection, and               ance.-If the Administrator finds that a coastal State
                   public health and safety, through the use of joint project        has failed to submit an approvable program as required
                   review, memoranda of agreement, or other mechanisms.              by this section, the Administrator shall withhold from
                     (7) State coastal zone boundary modification.-A                 grants available to the State under section 319 of the
                   proposal to modify the boundaries of the State coastal            Federal Water Pollution Control Act. for each fiscal
                   zone as the coastal management agency of the State                year until such a program is submitted, an amount equal
                   determines is necessary to implement the recommenda-              to a percentage of the grants awarded to the State for
                   tions made pursuant to subsection (e). If the coastal             the preceding fiscal year under that section, as follows:
                   management agency does not have the authority to                     (A) For fiscal year  1996,  10 percent of the amount
                   modify such boundaries, the program shall include rec-            awarded for fiscal year 1995.
                   ommendations for such modifications to the appropriate               (B) For fiscal year 1997,   15 percent of the amount
                   State authority.                                                  awarded for fiscal year 1996.
                     (c) Program Submission, Approval, and Implemcnta-                  (C) For fiscal year 1998,   20 percent of the amount
                   tion.-(I) Review and approval.-Within 6 months                    awarded for fiscal year 1997.
                   after the date of submission by a State of a program                 (D) For fiscal year 1999 and each fiscal year there-
                   pursuant to this section, the Secretary and the Adminis-          after, 30 percent of the amount awarded for fiscal year
                   trator shall jointly review the program. The program              1998 or other preceding fiscal year.
                   shall be approved if-                                             The Administrator shall make amounts withheld under
                     (A) the Secretary determines that the portions of the           this paragraph available to States having programs ap-
                   program under the authority of the Secretary meet the             proved pursuant to this subsection.
                   requirements of this section and the Administrator con-              (d) Technical Assistance.-The Secretary and the
                   curs with the determination; and                                  Administrator shall provide technical assistance to coast-
                     (B) the Administrator determines that the portions of           al States and local governments in developing and imple-
                   the program under the- authority of the Administrator             menting programs under this section. Such assistance
                   meet the requirements of this section and the Secretary           shall include-
                   concurs with that determination.                                     (1) methods for assessing water quality impacts asso-
                     (2) Implementation of approved program.-If the                  ciated with coastal land uses;
                   program of a State is approved in accordance with                    (2) methods for assessing the cumulative water qual-
                   paragraph (1), the State shall implement the program,             ity effects of coastal development;
                   including the management measures included in the                    (3) maintaining and from time to time revising an
                   program pursuant to subsection (b), through-                      inventory of model ordinances, and providing other as-
                     (A) changes to the State plan for control of nonpoint           sistance to coastal States and local governments in iden-
                   source pollution approved under section 319 of the Fed-           tifying, developing, and implementing pollution control
                   eral Water Pollution Control Act; and                             measures; and
                     (B) changes to the State coastal zone management                   (4) methods to predict and assess the effects of coastal
                   program developed under section 306 of the Coastal                land use management measures on coastal water quality
                   Zone Managernent Act of 1972, as amended by this Act.             and designated uses.
                     (3) Withholding coastal management assistance.-                    (e) Inland Coastal Zone Boundaries.-(I) Review.-
                   If the Secretary finds that a coastal State has fa4led to         The Secretary, in consultation with the Administrator of
                   submit an approvable program as required by this sec-             the Environmental Protection Agency, shall, within 18
                   tion, the Secretary shall withhold for each fiscal year           months after the effective date of this title, review the
                   until such a program is submitted a portion of grants             inland coastal zone boundary of each coastal State
                   otherwise available to the State for the fiscai year under        program which has been approved or is proposed for
                   section 306 of the Coastal Zone Management Act of                 approval under section 306 of the Coastal Zone Manage-
                   1972, as follows:                                                 ment Act of 1972, and evaluate whether the State's
                     (A) 10 percent for fiscal year 1996.                            coastal zone boundary extends inland to the extent
                     (B) 15 percent for fiscal year 1997.                            necessary to control the land and water uses that have a
                     (C) 20 percent for fiscal year 1999.                            significant impact on coastal waters of the State.
                     (D) 30 percent for fiscal year 1999      and  each fiscal          (2) Recommendation.-If the Secretary, in consulta-
                   year thereafter.                                                  tion with the Administrator, finds that modifications to

                   3-.8-91                      Nolishod by THE SUREAU OF NATIONAL AFFAIRS, INC., WaShlngt0n, D.C. 20037                      2!

                                                                       122

                  71:8020                                                                                                        FEDERAL LAWS
                  the inland boundaries of a State's coastal zone are                  measures in reducing pollution loads and improving
                  necessary for that State to more effectively manage land             water quality.
                  and water uses to protect coastal waters. the Secretarv,               (3) Pubfication.-The Administrator, in consultation
                  in consultation with the Administrator, shall recomme@d              with the Secretary shall publish-
                  appropriate modifications in writing to the affected                   .(A) proposed guidance pursuant to tl@is subsection not
                  State.                                                               later than 6 months after the date of the enactment of
                    (f) Financial Assistance.-(I) In general.-Upon re-                 this Act; and
                  quest  of a State having a program approved under                      (B) final guidance pursuant to this subsection not
                  section 306 of the Coastal Zone Management Act of                    later than t8 months after such effective date.
                  1972, the Secretary, in consultation with the Adminis-                 (4) Notice and comment.-The Administrator shall
                  trator, may provide grants to the State for use for                  provide to coastal States and other interested persons an
                  developing a State program under this section.                       opportunity to provide written comments on proposed
                    (2) Amount.-The total amount of grants to a State                  guidance under this subsection.
                  under this subsection shall not exceed 50 percent of the               (5) Management measures.-For purposes of this'sub-
                  total cost to the State of developing a program under this           section, the term "management measures" means eco-
                  section.                                                             nomically achievable measures for the control of the
                    (3) State share.-The State share of the cost of an                 addition of pollutants from existing and new categories
                  activity carried out with a grant under this subsection              and classes of nonpoint sources of pollution. which re-
                  shall be paid from amounts from non-Federal sources.                 flect the greatest degree of pollutant reduction achiev-
                    (4) Allocation. -Amounts available for grants under                able through the application of the best available. non-
                  this subsection shall be allocated among States in ac-               point pollution control practices, technologies, processes,
                  cordance with regulations issued pursuant to section                 siting criteria. operating methods, or other alternatives.
                  306(c) of the Coastal Zone Management Act of 1972,                     (h) Authorizations of Appropriations.-
                  except that the Secretary.may use not more than 25                     (1) Administrator. -There is authorized to be appro-
                  percent of amounts available for such grants to assist               priated to the Administrator for use for carrying out this
                  States which the Secretary, in consultation with the                 section not more than S1,000,000 for each of fiscal years
                  Administrator, determines are making exemplary pro-                  1992, 1991, and 1994.
                  gress in preparing a State program under this section or               (2) Secretary.-(A) Of amounts appropriated to the
                  have extreme needs with respect to coastal water quality.            Secretary for a fiscal year under section 3 1 8(a)(4) olI the
                    (g) Guidance for Coastal Nonpoint Source Pollution                 Coastal Zone Management Act of 1972, as amended by
                  Co@@rol.-(I) In General.-The Administrator, in. con-                 this Act, not more than S1,000,000 shall be available for
                  sultation with the Secretary and the Director of the                 use by the Secretary for carrying out this section for that
                  United States Fish and Wildlife Service and other Fed-               fiscal year, other than for providing in the form of grants
                  eral agencies, shall publish (and periodically revise                under subsection (f).
                  thereafter) guidance for specifying management mea-                    (B) There is authorized to be appropciated to the
                  sures for sources of nonpoint pollution in coastal waters.           Secretary for use for- providing in the form of grants
                    (2) Content. -Guidance under this subsection shall                 under subsection (f) not more than-
                  include. at a minimum-                                                 (i) S6,000.000 for fiscal year 1992.
                    (A) a description of a range of methods, measures. or                (ii) $12,000,000 for fiscal year 1993;
                  practices. including structural and nonstructural controls             (iii) S12,000.000 for fiscal year 1994; and
                  and operation and maintenance procedures, that consti-                 (iv) S12,000,000 for fiscal year 1995.
                  tute each measure;                                                     (i) Definitions.-In this section-
                    (B) a description of the categories and subcategories                (1) the term "Administrator" means the Administra-
                  of activities and locations for which each measure may               tor of the Environmental Protection Agency;
                  be suitable.                                                           (2) the term -coastal State" has the meaning given
                    (C) an identification of the' individual pollutants or             the term "coastal state" under section 304 of the Coastal
                  categories or classes of pollutants that may be controlled           Zone Management Act of 1972 (16 U.S.C. 1453);
                  by the measures and the water quality effects of the                   (3) each of the terms "coastal waters", and "coastal
                  measures,                                                            zone" has the meaning that term has in the Coastal
                    (D) quantitative estimates of the pollution reduction              Management Act of 1972;
                  effects and costs of the measures-,                                    (4) the term "coastal management agency" means a
                    (E) a description of the factors which should be taken             State agency designated pursuant to section 306(d)(6) of
                  into account in adapting the measures to specific sites or           the Coastal Zone Management Act of 1972.
                  loc@tions: and                                                         (5) the term "land use" includes a use of waters
                                                                                       adjacent to coastal waters; and
                    (F) anv necessary monitoring techniques to accompa.                  (6) the term "Secretary" means the Secretary 0
                  ny the m'casures to assess over time the success of the              Commerce.]

                                                                         Environment Reporw
                                                                        123

    AWL

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    .M/

                                                                                                                                                                                                                                        %hilk

                                                                                                                                                                                                                                           N

                                                 CODE OF FEDERAL REGULATIONS

                       Relevant portions of 15 CFR 923, 928, 930, and 932 are included
                       in this handbook. For a complete set of Title IX (Part 800
                       to endl, contact Mary                Bixby at (9071415-1719,

                          CHAPTER IX@NATIONAL OCEANIC AND
                                  ATMOSPHERIC ADMINISTRATION,
                                       DEPARTMENT OF COMMERCE

                                          SUBCHAP= A--GENERAL REGuLAMOZ;S

                       Part                                                                                             Page
                       902          NOAA information collection requirements Under
                                       the Paperwork Reduction Act: OM33 control
                                       numbers         .......................................................................
                       903          Public information              ........................................................
                       904          Civil procedures            .............................................................
                       908          Maintaining records and submitting reports on
                                       weather modification activities                     ...............................
                       909          Policies and procedures regarding disclosure of in-
                                       formation and NOAA employee testimony in
                                       litigation not involving the United States                          .............
                       911          The United States Geostationary Operational En-
                                       vironmental Satellite (GOES) Data Collection
                                       System (DCS)             ..............................................................
                       917          National sea grant program funding regulations                                 ....
                       918          Sea grants        ............................................. 4.*      .......

                        SUBC'ELAFTER B--OCE" "D COASTAL RESOURCE M"AGEXCRT
                       921          National Estuarine Reserve Research System reg-
                                       ulations      ........................................... . ...........................
                       922          National Marine Sanctuary program                           .........................
                       923          Coastal zone man gement program development
                                       and approval regulations                  .......................................... 126
                       924          Monitor marine sanctuary                    ...........................................
                       926          Coastal zone man gement program development
                                       grants, allocation of funds to States                     ................ 0..*  ...
                       927          Allocation of section- 306 program administration
                                       grants      ...........................................................................
                       928                                                                                                 178
                                    Review of performance                 ............................o ....................
                       929          Key Largo National Marine Sanctuary final regu-
                                       lations     ...........................................................................
                       930          Federal consistency with approved coastal man-
                                       agement programs                ..................................................... 186

                                                                    124

                                                                                                 15 CFR Ch. IX (1-1-93 Edition)

                          part                                                                                                        Page
                          931            Coastal energy impact program                           ..................................
                          932            Coakal zone enhancement grants program                                       .............     213
                          933            Coastal zone man gement research and technical
                                            assistance         .............................
                          935            The Channel Islands National Marine Sanctuary
                                            regulations         ........ o.......o.....o.......o.................. o.......0 .... 00...
                          936            The Point Reyes/Farallon Islands Marine Sanctu-
                                            ary regulations            .........o.....o....... o-o ..... oo ...o.......... oo  ...........
                          937            The Looe Key National Marine ISamctuary regula-
                                            tions...     ........o.... o. . .........o...o....o....o.......o.....  o..0 .....0 ... 0..0 ....
                          938            The GrWs Reef National Marine Sanctuary regu-
                                            lations.      ..............o.......................0...... . ......................0....
                          941            Pagatele Bay National Marine Sanctuary regula-
                                            tions     ................. oo ............. o.....0............0..................0.......
                          942            Cordell Bank National Marine ,Sanctuary                                          ....o....
                          943            Flower Garden Bank National Marine Sanctuary.
                          944            Monterey Bay National Marine Sanctuary .... o                                    .........

                                                                                   C_              VED]

                          SU33CELAPPrER D-GENERAL REGULATIONS                                    OF THE ENVIRONICCNTAL
                                                                       DATA SERVICE

                          950            Enviro                     data and information                   ........        .......
                          960            'LAcensing of private remote-sensing. space systems -
                          970            Deep seabed minin regulations for exploration U-
                                            censes      ............................* ...............................................
                          971            Deep seabed mining regulations for, comm ial
                                            recovery permits               .........................................................
                          981            Ocean thermal energy conversion licensing pro-
                                            gram     ........ . .............................................. . ...................

                                                                         125

                    Z7974         Fal=il Rpgister I Vol. 59. No. 103-              Tuesday. May'31, 19M             Rules and Regulations

                                                                   SUPPLEMENTARY INFORSIATKW.                     Section 305(b) M49). which contains
                    REVISIONS TO C.FR 923                          L Authority                                 -  requirements for management program
                                                                      This final rule is issued under the         approval. was moved to new Section
                                      June 30, 1994                                                               306(d)(2). The remaining provisions of
                    Effective                                      authority of the MIA. as amended, 16           old Section 305, including the
                                                                   U.S.C. 1451 et seq.                            authorization for preliminary approval
                                                                   _EL Background                                 granm were deleted and replaced with
                                                                                                                  an authorization for annual program
                                                                      The CZMA wis enacted to encourage           developments grants for Fiscal Years
                                                                   and -s-st coastal states and territories       im, 1992 and a993 not to exceed
                                                                   to develop and implement management            $200,000 per year per state at a ratio of
                                                                   programs to preserve, protect, develop -       4-to-2 Federal-to-state match. Program
                    DEPARTMENT OF COMMERCE                         and, where possible. restore or enhance        development grants are also an
                                                                   the resources of the NatioWs coasts.           authorized use of the new Sectio    n 308
                    National Oceanic and Atmospheric                  Prior to the 2990 Amendments, the           Coastal Zone Management Fund.
                    Administration (NOAA)                          CZMA included statements of                         Revisions to Administrative Grants.
                                                                   Congressional findings and policies for        Section 306 on Administrative Grants
                    15 CFR. Parts 023,926,927                      the CZM Program. identified nine               also was completely revised. Section
                                                                   national coastal management objectives         306(a) was amended to change the
                    (Docket No. 940109-4M) -                       and specified that all state C2U               match      vi   ns for administrative
                                                                   Programs were to make "significant             grants P
                                                                                                                         toMpsloment approved state
                    RIN 0646-AEI I                                 improvements" in aclilaybig these              CZM Programs. The "significant
                                                                   objectives, defined key terms,                 improvement" provisions of old Section
                    Coastal Zone Management Program                authorized grants for program                  306(a)(3) were deleted. The minimum
                    ReguWdons                                      development and implementation and             grants provisions of old Section 306(b)
                                                                   specified allocation sirid match.              were deleted and a new provision was
                    AGENCY: Office of Ocean and Coastal            requirements, and specified program            added which allows the Secretary. after
                    Resource Management (OCRM),                    approval requirements. The program             consultation with the coastal states, to
                    National Ocean Service (NOS). National         approval requirements were set forth in        establish maximum and minimum
                    Oceanic and Atmospheric                        Section 305. Management Program                grants for any fiscal year to promote
                    -Administration (NOAA), Commerce.              Development Grants (itt Section 305(b)         equity and efficient coastal
                    AcTION: Final rulet                            W49)) and Section 306, Administrative          management. The program approval
                                                                   Grants (at Section 306 (04h)). NOAA's          requirements of old Section 305(b) M-
                    summARY: 7lie Coastal Zone Act -               'iegulations at 15 CFR parts 923, 926 and      (9) and Section 306 (c)-4h) were revised
                    Reauthorization Amendments of 1990.            927 implemented these provisions.              and consolidated in new Section 306(d).
                    enacted November S. 1990.*amended the          M. Coastal Zone Act Reauthorization            New program approval requirements
                    Coastal Zone Management Act (CZMA)             Amendments of 19%                              were added at Section 306(d) (14). (15)
                    and reauthorized NOAA's Coastal Zone                                                          and (16). Section 306(d) (14) and (15)
                                                                      The Coastal Zone Act Reauthorization        must be met within three vears of
                    Management (CZM) Program under that
                    Act. Among the amendments were                 Amendments of 1990 (Amendments)                enactment (or by November 2993) and
                    revisions to findings. policies and            (Pub. L No. 101-508, 104 Stat. 1388            Section 306(d)(161 must be met within
                    defwitions in the CZMA. repeal of              (1990)) were enacted an November 5.            30 months of EPA's issuance of final
                    provisions on preliminary program              1990. The Amendments made a number             guidance on management measures for
                    approval &-ants. program segmentation, .       Of changes to the CZMA.                        controlling coastal nonpoint pollution
                    and significant improvements-, and                * New and revised Congressional             (or at the same time the Coastal
                    reorganization and consolidation of            findings. Section 6202 of the                  Nonpoint Pollution Control Programs
                    approval requirements for state                Amendments set forth nine new                  under Section 6217 of the Amendments
                                                                   Congressional findings. In addition, the       are due). Old Section 306(0) on program
                    programs. The purpose of this final rule                                                                                   0
                    is to conform NOAA's regulations               Amendments revise the existing                 changes was revised and renumbered as
                    implementing the CZM program to the            findings at Section 302 (d) and (f) and        Section 306(e). Old Section 306(b)
                    statutory changes.                             add three new findings at Section 302          authorizing program segmentation was
                                                                   W. (1) and.(m).                                deleted.
                    EFFE=VE DATE: This rule is effective on           e New and revised Congressional -              * Revisions to Resource Management
                    June 30, 1994.                                 declarations of policy. The                    Improvement Grants. Section 306A(b)(1)
                    ADMESsvs: Additional information may           Amendments ri'vise the statements of           was revised to authorize use of Secttion
                    be obtained from the National Oceanic          PoUcy at Sections 303(2), 303(2)(B) and        306A furids for restoring and enhancing
                                                                   303(3). and add new statements of              shellfish production.
                    and Atmospheric Administration.                   licy at Section 303(2) (C) and (K) and
                    National Ocean Service, Office of Ocean        PO                                             IV. Purpose of Today's Rule
                    and Coastal Resource Management at             Section 303 (5) and (6).
                    1305 East-West Highway, 11th Floor.               * New and revised definitions. The             Some of NOAA's current CZM
                    Silver Spring. Maryland 20910.                 Amendments revise the definitions of           Program regulations need to be revised
                                                                   .1 coastal zone" at Section 304(1) and         to conform to the changes to the CZMA
                    FOR RJRTHER INFORMATION CONTACT:                  water use" at Section 304(18), and add      made bv the Amendments. The purpose
                    Vickie A. Allin, Chief, Policy                 a definition of "enforceable policy" at        of this rule is to amend these regulations
                    Coordination Division, Office of Ocean         Section 304(6a).                               to make them consistent with the CZMA
                    and Coastal Resource Management.                  o Revisions to Management Program           as amended. By modifying the current
             0
                    1305 East-West Highway, lith Floor.            Development Grants. Section 305 on             NOAA regulations to reflect the new
                    Silver Spring. Maryland 20910.                 Management Program Development                 statutory requirements, this notice
                    Telpphone- 301-713-3086.                       Grants was completely revised. Old             serves to clarify the effect of the

                                                                                126

                            Federal Register /.Vol. 59. No. 103 1 Tuesday, May 11.                     1994 4 Rules. and Regulations                27975

              Amendments on coastal states; Federal           coastal waters" to read "direct and               List of Subjects
              agencies and other affected groups.             significant impacts on coastal waters or          15 CFH Part 923
                  Codification of the Regulations             areas which are likely to be affected by
         4F                                                   or vulnerable to sea level rise.-                 Coastal zone. Grant programs-
                  The following is a brief description of       Other changes include adding the                Natural resources, Reporting and
              changes made to the regulations.                word "historical" at �� 923.22 (a) and            recordkeeping requirements.
              A. National Coastal Zone Management             (b) to read "preserving or restoring areas        15 CFR Part 927
              Progmm                                          for their conservation, recreationaL              Allocation formula.
                  Part 923--Coastal Zone Maaagemi@nt          ecological, historical or esthetic values.
              Program Development and Approval                revising the chart at � 923.71 which              Dated:* May 10, 199C.
              Provisions.                                     summarizes the findings necessary for             W. Stanley Wilson,
                  By riorganizing and consolidating           CZM Program approval. revising the                AnistantAdaunhifttorfor ocean Services
              C2M Program approval requirements               statutory reference to and -citation of           and Coastal Zone Manageniez:L
              previously found throughout Sections            Section 312 at � 923.60, and changing             For the reasons set out the Preamble,
              305 and 306 of the CZMA into one                the costs of equipment purchases                  15 CFR chapter IX is amended as
              section-Section 306(d)-the                      requiring prior N9AA approval from                follows:
              Amendments have changed almost all of           $1,000 to $5,000 at S 923.93(f) pursuant
              the statutory references found                  to OMB Circular A-in.                             PART 923-COASTAL ZONE
              throughout 15 CFR part 923. This rule             Part 926--Constal Zone Management.              MANAGEMENTPROGRAM
              replaces the old statutory references           Program Development Gmnts                         DEVELOPMENT AND APPROVAL
              with the now references throughout 15           Allocation of Funds to States.                    REGULATIONS
              CFR part 923 and revises the referenced           Th .a part is removed. The                      1. The authority citation for Part 923
              statutory citations wherever                 d. Amerdments revised old Section 305 to             is revised to read as follows:'
                  The Amendments deleted =
                                                              authorize annual program development              Axithority: 16.U.S.C. 1451 et seq.
              previously authorized program                   grants to states for Fiscal Years 1991.
              development and approval provisions.            1992. and 1993, not to exceed $200.000            Subpart A-General
              including authority for preliminary             per year per state at a 4-to-1 Federal-to-
              approval grants, authority for program          state match. In addition, program                 @- Section 923.1 is amended by
              segmentation, and the requirement that          development grants are made an                    revising the first sentence of paragraph
              states devote an increasing proportion of       allowable use of the new CZM Fund                 (b). and by adding paragraphs (c)(7). (8)
              Federal financial as istance for program        (new Section 308).                                and (9) to read as follows:
              implementation, up to 30%. toward
         "aking "significant improvement" in                    Part 927-Allocation of Section 306              J 923.1 Purpo3&
          W_      hieving nine national coastal               Prograni Administration Grants.                   &
              management objectives. This rule                  This part is revised to incorporate             (b) Sections 306 and 307 of the Act set
              removes the portions of NOAA's                  new statutory references and citations            forth requirements which must be
              regulations implementing these                  and new provisions for establishing               fulfilled as a condition of program
              provisions and renumbers the                    annually the maximum and minimum                  approval.
              regulations as necessary.                       share. The regulation an calculation of           (c) * *
                  This rulerevises the references to          financial assistance award levels is              (7) Provides for public participation
              Congressional findings and declarations         revised to reflect the amendments to              in permitting processes, consistency
              of policy to reflect the Amendments.            Section 312.                                      determinations, and, other similar
              This includes revising the phrase "as           V1. Classification                                decisions.
              well as the needs flat economic                                                                   (8) Provides a mechanism to ensure
              development" to -as well as the needs           A. EKecutive Order 12866                          that all state agencies will adhere to the
              for compatible economic development"                                                              program-
              and adding the new Congressional                  This rule has been determined to be             (9) Not later than 30 months after the
              findings an water quality. sea level rise.      not significant for purposes of Executive         date of publication of final guidance
              and ocean resources planning.                   Order 12866.                                      under section 6217(g) of the Act,
                  A definition of "enlorceabFe policy" is     B. Administrative Procedure Act                   contains enforceable policies and
              added and the definitions of the terms                                                            mechanisms to implement the
              11  coastal zone" and "water use" are -           The changes to the regulations made             applicable requirements of the Coastal
              revised to reflect the Amendments. this         by this rule are required by the 1990             Nonpoint Pollution Control Program of
              includes revising all references to "the        statute and. thus, are non-discretionary.         the state required by section 6217 of the
              Outer  limit of the territorial sea" to read    Except for some minor editorial                   Coastal Zone Act Reauthorization
              "the outer limit of State title and             changes, the only revisions to the                Amendments of 1990.
              ownership under the Submerged Lands             regulations are the incorporation of the          * ' -
              Act (43 U.S.C. 1301 et seq.), the Act of        new statutory language into them. Since           3. Section 923.2 is amended by
              March 2. 1917 (48 U.S.C. 749). the              no useful purpose would be served'by              revising paragraphs (d)(2) and (h) to
              Covenant to Establish a Commonwealth            giving notice and opportunity for                 read as follows:
              of the Northern Mariana Islands in              comment. the Assistant Administrator
              Political Union with the United States          for Ocean Services and Coastal Zone               923.2 Definitions.
              of America. as approved by the Act of           Management. NOAA. for good cause.
                   -h 24. 1976 (48 U.S.C. 1681 note) or       found under section 553(b)(3)(B) of the           (d)
                  rc
          Jeact.ion I of the Act of November 20,              Administrative Procedure Act (5 U.S.C.            (2) The following are defined as
                  G
                  62 (48 U.S.C 1705), as applicable." It      553(b)(3)(B)) that notice and                     relevant Federal agencies:
              also includes revising all references to        opportunity for public comment
                  d i                                                                                           Department of Agricultuie;
                  re'ct and significant impacts on            procedure thereon is unnecessary.                 Department of Commerce;

                                                                            127

    27070              Federal Register / Vol. 59. No. 103 / Tuesday, May 31, 1994 / Rules and Regulations

    Department of Defense:                     resources and wildlife therein, are         the protection,management,and
    Department of Education:                   ecologically fragile and consequently       development of the resources of the
    Department of Energy:                      extremely vulnerable to destruction by      exclusive economic zone that can only
    Department of Health an Human Services:    man's alterations.                          be served by the active participation o
    Department of Housing and Urban              (v) Important ecological,cultural,        coastal states in all Federal programs
       Development:                            historic,and esthetic values in the         affecting such resources and, wherever
    Department of the Interior:                coastal zone which are essential to the     appropriate,by the development of st
    Department of Transportation:              well-being of all citizens are being        oceans resource plans as part of their
    Environmental Protection Agency:           irretrievably damaged or lost.              federally approved coastal zone
    Federal Energy Regulatory Commission:        (vi) New and expanding demands for        management programs.
    General Services Administration:           food,energy,minerals,defense needs,           (3) As stated in section 303 of the Ac
    Nuclear Regulatory Commission:             recreation, waste disposal.                 the Congress finds and declares that it
    .    .    .    .    .    .    .            transporation, and industrial activities    is the national policy--
      (h) The following terms, as used in      in the Great Lakes, territorial sea,           (i)to preserve,protect,develop,and
    these regulations, have the same           exclusive economic zone and Outer            where possible,to restore or enhance
    definition as provided in section 304 of   Continental Shelf are placing stress on      the resources of the Nation's coastal
    the ACT:                                   these areas and are creating the need for    zone for this and succeeding
       (1) coastal zone                        resolution of serious conflicts among        generations:
       (2) coastal waters                      important and competing uses and                (ii)to encourage and assist the states
       (3) enforceable policy                  values in coastal and ocean waters.          to exercise effectively their
       (4) estuary                               (vii)Special natural and scenic            responsibilities in the coastal zone
       (5) land use                            characteristics are being damaged by ill-    through the development and
       (6) water use                           planned development that threatens           implementation of management
    .     .     .     .    .    .              these values.                                programs to achieve wise use of the lan
        4. Section 923.3 is amended by           (viii)In light of competing demands        and water resources of the coastal zone
    revising paragraphs (a) and (b)(1)to read  and the urgent need to protect and to        giving full consideration to ecological,
    as follows:                                give high priority to natural systems in     cultural,historic,and esthetic values as
                                               the coastal zone,present state and local     well as the needs for compatible
    923.3  General requirements.               institutional arrangements for planning      economic development
       (a)(1)As required by subsection         and regulating land and water uses in          (iii)to encourage the preparation of
    306(d)(1)of the Act,before approving a     such areas are inadequate.                   special area management plans which
    management program submitted by a             (ix)The key to more effective             provide for increased specificity in
    coastal state,the Secretary shall find     protection and use of the land and water     protecting significant natural resources.
    that the state has developed and           resoureces of the coastal zone is to         reasonable coastal-dependent economic
    adopted a management program for its       encourage these states to exercise their     growth,imporved protection of life and
    coastal zone which is adequate to carry    full authority over the lands and waters     property in hazardous area, including
    out the purposes of the Act and is         in the coastal zone by assisting the         those areas likely to be affected by land
    consistent with the policy declared in     states,in cooperation with Federal and       subsidence,sea level rise,or fluctuating
    section 303 of the Act.                    local goernments and other vitally           water levels of the Great Lakes, and
       (2)As stated in section 302 of the Act. affected interest,in developing land         improved predictability in
    the Congress finds that--                  and water use programs for the coastal       governmental decisionmaking:
       (i)There is a national interest in the  zone,including unified policies.                (iv)to encourage the participation and
    effective management, beneficial use,      criteria,standards,methods,and               cooperation of the public,state and
    protection, and development of the         processes for dealing with land and          local governments,and interstate and
    coastal zone.                              water use decisions of more than local       other regional agencies,as well as of the
       (ii)The coastal zone is rich in a       significance.                                Federal agencies having programs
    variety of natural,commercial,                (x)The national ofjective of attaining    affecting the coastal zone,in carrying
    recreational,ecological,industrial,and     a greater degree of energy self-             out the purposes of this title:
    esthetic resources of immediate and        sufficiency would be advanced by                (v)to encourage coordination and
    potential value to the present and future  providing Federal financial assistance to    cooporation with and among the
    well-being of the Nation.                  meet state and local needs resulting         appropriate Federal,state,and local
        (iii)The increasing and competing      from new or expaded energy activity in       agencies, and international
    demands upon the lands and waters of       or affecting the coastal zone                organizations where appropriate,in
    our coastal zone occasioned by                (xi)Land uses in the coastal zone,and     collection,analysis,synthesis,and
    population growth and economic             the uses of adjacent lands which drain       dissemination of coastal management
    development,including requirements         into the coastal zone,may significantly      information,research results and
    for industry,commerce,residential          affect the quality of coastal waters and     technical assistance,to support stat          e
    development,recreation,extraction of       habitants,and efforts to control coastal     and Federal regulation of land use
    mineral resources and fossil fuels,        water pollution from land use activities     practices affecting the coastal and ocean
    transportation and navigation,waste        must be improved.                            resources of the United States:and
    disposal,and harvesting of fish,               (xii)Because global warming may            (vi)to respond to changing
    shellfish,and other living marine          result in a substantial sea level rise with  circumstances affecting the coastal
    resources,have resulted in the loss of     serious adverse effects in the coastal       environment and coastal resource
    living marine resources,wildlife,          zone,coastal states must anticipate and      management by encouraging states to
    nutrient-rich areas,permanent and          plan for such an occurrence.                 consider such issues as ocean uses
    adverse changes to ecological systems,       (xiii)Because of their proximity to        potentially affecting th coastal zone.
    decreasing open space for public use,      and reliance upon the ocean and its            (b)* * *
    and shoreline erosion.                     resources,the coastal states have              (1)The management program must
      iv. The habitat areas of the coastal     substantial and significant interests in     provide for the management of those
    zone,and the fish,other living marine

                                                   128

                           Federal Register               Val. 59. No. 103    Tuesday.. May                31. 1994 Rules and Regulations           27977
         ,MLand and water uses having a di;ect and-. , 7. Section 923.12 is amended by                        Protection Planning; 306(d)(2)(I@-
         =gnificant impact on coastal waters and             revising paragraphs (a) and (b) '                Shoreline Erosion/Mitigation Planning:
         NWose geographic areas which are likely             introductory text to read as follows:            and 306(d)(g)-Areas for Preservation
             to be affected by or vulnerable to sea                                                           and Restoration.
                                                             J 923.12 - Uses of regional benefiL.
             level rise. The program must take steps
             to assure the appropriate protection of             (a)JU required by subsection                    10. Section 923-21 is amended b           .y
             th           *caat resources and areas.         306(d)(12). before approving a
                ose signifi                                                                                   revising paragraphs (a) and (b)(1)(i)(G)
             such as'wetlands. beaches and dunes,            management program submitted by a                to read as follows:
             and barrier islands, that make the state's      coastal state, the Secritary shall find
             coastal zone a unique. vulnerable. or           that the management program contains             �923.21 Areas of particular concern.
             valuable area,                                  a method of assuring that local land use            (a)(1) As required by subsection
                                                             and water use reg@ulations within the            306(d)(2)(C).. before approving a
                                                             coastal zone do not unreasonably                 management program submitted by a
             Subpart B-Uses Subject to the                   restrict or exclude land uses and water          coastal state. me Secretary shall rind
             Management Program                              uses of regional benefit.                        that the management program includes
                                                                 (b) In order to meet the requirements        an inventory and designation of areas of
                5. Section 923.10 is revised to read as      of subsection 306(d)(12) of Me Act.              particular concern within the coastal
             follows:                                        states must:                                     zone.
             S 923.10 Genval.                                                                                    (2) As required by subsection
                This subpart deals with land and                 8.. Section 923.13 Is amended by- .          306(d)(2)(E). before approving a
             water uses which, because of their              revising paragraph (a), the ftrst sentence       management program submitted by a
             direct and significant impacts on coa*stal      of paragraph (b) introductory text-and           coastal state. the Secretary shall find
             waters or those geographic areas likely         (b)(3)(h) to read as follows:                    that the management program includes
             to be affected by or vulnerable to sea          J 923.13 Energy fiRcility planning process.      broad guidelines on priorities of uses in
                                                                                                              particular areas. including specifically
             level rise. are subject to the terms of the         (a) As required by subsection                those uses of lowest priority.
             management program. Determination of            306(d)(2)(H). before approving a                    (b)
             these uses will assist in determining the       management program submitted by a                   (1)
             appropriate coastal management                  coastal state, the Secretary shall find             M
             boundary (see Subpart D). This subpart          that the management program includes                (C) Areas where, if development were
             deals in full with the requirements of          a planning process for energy facilities         permirted-it might be subject to
             subsection 306(d)(1)(B). Uses subject to        likely to be iocated in or which may             significant hazard due to storms. slides,
         joe management program. 306(d)(2)(H),               significantly affect. the coastal zoi)e.         floods, erosion. settlement. salt water
               0eragy Facility Planning. and                 including a process for anuicipat,            ' the intrusion. and sea level rise:
                6(d)(12)(B). Uses of Regional Benefit.       management of the     impacts resul ng
                6. Section 923.11 is amended by              from such facilities.                               11. Section 923.22 is amended by
             revising paragraphs (a). the second                 fb) Requirements* States must evelop         revising paragraph (a) and the second
             sentence of paragraph (b)(1) and
             (c)(4)(ii). and bv adding paragraph             a planning process which is capable. at          sentence of paragraph (b)(1) to read as
                                                             a minimum, of anticipating the                   follows:
             (c)(4)(v) to read as follows:                   management of the impacts from energy
             6923.11 Usessubio     et to management.         facilities in or affecting the state's           �923.22 Areas for preservation or
                (a) As required by subsection                coastal zone.*                                   restoration.
                                                                                                                 (a) As required by subsection
             306(d)(2)(B). the management program                                                             306(d)(9), before approving a
             for each coastal state must include a               3) . . .
             definition of what shall constitute                 (ii) States must Ast relevant                management program submitted by a
             permissible land uses and water uses            constitutional provitions. laws.                 coastal state. the Secretary shall find
             within the coastal zone which have a            regulations. judicial -Aecisions and other       that the management program includes
             direct and significant impact on the            appropriate official documents or                procedures whereby specific areas may
             coastal waters.                                 actions that are specifically related to         be designated for the purpose of
                'b) Requirements. (1)           These                                                         preserving or restoring them for their
                t                                            planning for, and anticipating the               conservation. recreational, ecological.
             uses shall be those with direct and             management of energy facilities or
             significant impacts on coastal waters or        impacts, inc)uding licensing or                  historical or esthetic values.
             on geographic areas likely to be affected       permitting procedures.                              (b) Requirements. (1)
             liv or vulnerable to sea level rise.                                                             *'* * Designations may be mace for
                                                                                                              the purposes of preserving oerestoring
                (C)                                          Subpart C-Special Management                     areas for their conservation, recreational
                (4)                                          Areas                                            ecological. historical. or esthetic values.
                (ii) Historic. cultural and esthetic
                                                                 9. Section 923.20 is amended by                 12. ;ection 923.24(s) is revised to
             P!sources where coastal development is          revising the last sentence of paragraph          read as follows:
              ik'4 to affect these resources:                (a) to read as follows:                          � 923.24 Shorefront access and protection
                M InfOrmation on the imoacts of              � 923.20 General.                                planning.
                b@'I Warming and resultart. sea level            (a') * * * This sLbpart deals with the          (a) As required by SUbsection
                  on natural resources such as               folloxvina subsections of th3 Act:            Ter', 3r,6(d)(2)(G) before approving a
          Ok"'hes, dunes. estuaries, and wetlan              306'kd)(20Q-Geographic areas of                  managemen program submitted by a
                                                          ds,         11(
             un salinization of drinking water               Particular Cancern@ 306(d)(2)(E@-                coastal state. the Secretary shall find
             suPPlies. and on properties,                    Guidelines on Prionities of Uses:                that the management program includes
             infra5tructure and public works.                306(d)(2)(G)-Shoreir,= Acdess and                a definition of the terni "beach" and a

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                            27978         Federal Register / Vol. 59, No. 103 / Tuesday, May 31, 1994                             Rules and Regulations

                            planning process for the protection of,          wetlands, and beaches. The zone                    are likely to be affected by or vulnerabl,
                            and access to, public beaches and other          extends, in Great Lakes waters, to the             to sea level rise.
                            public coastal areas of environmental,           international boundary between the
                            recreational, historical, esthetic,              United States and Canada and, in other               16. Section 923-32 is amended bv
                            ecological or cultural value.                    areas seaward to the outer limit of state          revising paragraph (a)(1) to read as'
                                                                             title and ownership under the                      follows:
                              13. ;ection 92;.25 i: amended by               Submerged Lands Act (43 U.S.C. 1301 et
                            revising paragraphs (a) and (c)(1) and (.2)      seq.). the Act of March 2, 1917 (48                J 923.32 Seaward boundaries.
                            tn mad as follows:                               U.S.C. 749). the Covenant to Establish a             (a) Requir"ements. (1) For states
                                                                             Commonwealth of the Northern Mariana               adjoining the Great Lakes, the seaward
                            J 9=5 Shoreline ero.4iorihnttigation             Islands in Political Union with the                boundary is the international boundary
                            planning.                                        United States of America, as approved              with Canada or the boundaries with
                              (a) As required by Subsection                  by the Act of March 24, 1976 (48 U.S.C.            adjacent states. For all other states
                            306(d)(2)(1). before approving a                 1681 note) or section I of the Act of              participating in the program, the
                            management program submitted by a                November 20, 1963 (48 U.S.C. 1705, as              seaward boundary is the outer limit of
                            coastal state, the Secretary shall find          applicable). The zone extends inland               state title and ownership under the
                            that the management program includes             from the shorelines only to the extent             Submerged Lands Act (48 U.S.C. 1301 et
                            a planning process for assessing the             necessary to control shorelands, the               seq.), the Act of March 2. 1917 (48
                            effects of, and studying and evaluating          uses of which have a direct and                    U.S.C. 749), the Covenant to Establish a
                            ways to control, or lessen the impact of,        significant impact on the coastal waters.          Commonwealth of the Northern Mariane
                            shoreline erosion. and to restore areas..        Excluded from the coastal zone are                 Islands in Political Union with the
                            adversely affected by such erosion.              lands the use of which is by law subject           United States of America, as approved
                                                                             solely to the discretion of or which is            by the Act of March 24,1976 (48 U.SZ
                              (c) ;equir*emer*rts. (1)* The                  held in trust by the Federal                       1681 note) or section 1 of the Act of
                            management program must include a                Government, its officers or agents.                November 10, 1963, (48 U.S.C. 1705, as
                            method for assessing the effects of               . (2) As required by subsection 304(2),           applicable).
                            shoreline erosion. including potential           the term "coastal waters" means (i) in                   W                  0
                            impacts of sea level rise, and evaluating        the Great Lakes area, the waters within              17. Section 923.33 is amended by
                            te=niques for, mitigating, controlling or        the territorial jurisdiction of the United         revising paragraph (c)(1) introductory
                            restoring areas adversely affected by            States consisting of the Great Lakes,
                            erosion.                                      I  their connecting waters, harbors,                  text to read as follows:
                              (2) There must be an identification            roadsteads, and estuary-type areas such            J 923.33 Excluded lands.
                            and description of enforceable policies,         as bays, shallows and marshes, and
                            legal authorities, funding techniques               (H) in other areas. those waters,
                            and other techniques that will be used           adjacent to shorelines, which contain a              W General comments. W The
                            to manage the effects of erosion.                measurable quantity or percentage of sea           exclusion of Federal lands does not
                            including potential impacts of sea level         water, including but not limited to,               remove Federal agencies from the
                            rise, as the state's planning process            sounds, ba s, lagoons, bayous, ponds               obligation of complying with the
                                                                                          y                                     consistency provisions of section 307 of
                            indicates is necessary.                          and estuaries.                                     the Act when Federal actions on these
                            Subpart D-Boundaries                                15. Section 923.31 is amended by                excluded lands have spillover impacts
                                                                             revising paragraphs (a)(1) and (b)(2) and          that affect any land or water use or
                              14. Section 923.30 is amended by               (2) to read as follows:                            natural resource of the coastal zone
                            revising paragraphs (a) and (c) to read as       J 923.31 Inland boundarle&.                        within the purview of a state's
                            follows:                                            (a) " * *                                       management program. Therefore, states
                             923.30 General.                                    (1) Those areas the management of               should consider mapping the following
                              (a) This subpart deals in full with            which is necessar    Iy to control uses            types of excluded Federal lands:
                            subsection 306(d)(2)(A) of the Act-              which have direct and significant                        *      *
                            Boundaries of the Coastal Zone.                  impacts on coastal waters, or are likely           Subpart E-Authorities and
                            0                                                to be affected by or vulnerable to sea             organizations
                              W ;s required by subsection                    level rise, pursuant to section 923.11 of
                            306(d)(2)(A), before approving a                 these regulations.                                   18. Section 923.40 is amended by
                            management program submitted by a                                                                   revising the second, fifth and sixth
                            coastal state, the Secretary shall find             (b)                                             sentences of paragraph (b), and
                            that the management program includes                (1) Watersheds-A state may                      paragraphs (c) and (d) to read as follows:
                            an identification of the boundaries of           determine some uses within entire
                            the coastal zone subject to the                  watersheds which have direct and                   9 923.40 General.
                            management program.                              significant impact on coastal water's or
                              (1) As required by subsection 304(1),          are likely to be affected by or vulnerable           (b)         They may be the state
                            the term "coastal zone" means the                to sea level rise. In such cases it may be         agency designated pursuant to section
                            coastal waters (including the lands              appropriate to define the coastal zone as          306(d)(6) of the Act. other state
                            therein and thereunder), and the                 including these watersheds.                        agencies, regional or interstate bodies,
                            adjacent shorelands (including the                  (2) Areas of tidal influence that               and local governments. * * * This
                            waters therein and thereunder), strongly         extend further inland than waters under            demonstration will be in the context of
                            influenced by each other in proximity to         saline influence; particularly in                  one or a combination of the three
                            the shorelines of the several coastal            estuaries, deltas and rivers where uses            control techniques specified in section
                            states, and'includes islands, transitional       inland could have direct and significant           306(d)(1i) of the Act. The requirements
                            and intertidal areas, salt marshes,              impacts on coastal waters or areas that            related to section 306(d)(12) are

                                                                                    1 '1 n

                                                             Vol. 59, No. 103  Tuesday, May 3r, 1994 / Rules and Regulations                              27979
                         Federal Ri

                 described in �� 923.42 through 923.44 Of         condemnation or other means when                     (2)
        ,Ljji@s subch                                             necessary to achieve conformance with                (i)      It will be sufficient if any of
                      apter.                                                                                    .      the following can act to ensure
        W,,In determining the adequacy of the                     the management program.
                 L rities and organization of a state's           (b) * * *                                            compliance: The state agency
                 programs, the Assistant Administrator            (1) Identify relevant state                          designated pursuant to subsection
                 will review and evaluate authorities and         constitutional provisions, statutes,                 306(d)(6) of the Act. the state's Attorney
                 organizational arrangements in light-of          regulations. case law and such other                 General, another state agency, a local
                 the requirements of this subpart and the         legal instruments (including executive               government. or a citizen.
                 finding of section 302(h) of the Act.            orders and interagency agreements) that
                 which provides:                                  will be used to carry out the state's                22. Section 923.44 is amended by
                 to light of competing demands and the            management program.                                  revising paragraph (a) to read as follows:
                 urgent need to protect and to give high          12) This identification will include the
                 priority to natural systems in the coastal       authorities pursuant to sections                     J 923.44 State review on a case-by-case
                 zone. present state and local institutional      306(d)(10) and 306(d)(11) of the Act                 basis of actions affecting land and water
                 arrangements for planning and regulating         which require a state to have the ability            us" subject to the management program.-
                 land and water uses in such areas are            to:                                                  Technique C.
                 inadequate.                                                                                           (a) As required by subsection
                 (d) The authorities requirements of              20. Section 923.42 is amended by                     306(d)(11), before approving a
                 the Act dealt with in this subpart are           revising paragraphs (a) and (b)                      management. progmm submitt6d by a
                 those contai                                                                                          coastal state, the Secretary shall rind
                         ned in subsections                       introductory text to read as follows.
                 306(d)(2)(M-Mearis of Control.                                                                        that the management program provides
                 306(d)(10)"Authorities; 306(d)(10)(A)-           S 923-42 State establishment of criteria             for any one or a combination of general
                 Control Development and Resolve                  and standards for local Implemenation-               techniques for control of land and water
                 Conflicts; 306.(.d)(10)(M-Powers of              Technique A.                                         uses within the coastal zone. The third
                 Acquisition; 306(d)(W-Techniques of              (a) As required by subsection                        such control technique, at subsection
                 control; and 307(f)-Air and Water                306(d)(11). before approving a                       306(d)(21)(C), is state administrative
                 Quality Control Requirements. The                management program submitted by a                    review for consistency with the
                 organization requirements of the Act             coastal state. the Secretary shall rind              management program of all.
                 dealt with in this subpart are those             that the management program provides                 development plans. projects. or land
                 contained in iectibris 306(d)(2)(F)---:          for any one or a combination of general              and water use regulations, including
                                                                  techniques for control of land uses and              exceptions and variances thereto,
                 Organizational Structure, 3w(d)(6)-              water uses within the coastal zone. The,             proposed by any state or local authority
                 Designated State Agency: and                     first such control technique, at                     or private developer, with power to
         #1d g7@@_@@rganization.
                 9                a           ded b                                                                    approve or disapprove after public
                            "23.4    i amen                  y    subsection 306(d)(11)(A). is state '.
                        on         ' s                            establishment of criteria and standards
                 sin   aragraph a)      (b)(1) and (b)(2)                                                              notice and an opportunity for hearings.
                 tro ctory   xt  t       as follows.                                                                     * -         . *                            -
                 d         te    o read                           for local implementation, subject to
                                                                  administrative review and enforcement.               23. Section 923.45 is amended by
                 �923.41 Identification of authorities.           (b) There are 5 principal requirements               revising paragraph (a), by removing
                 (a)(1) As required by subsection                 associated with use of the control                   paragraph (b)(2). by redesignating
                 306(d)(2)(D). before approving a                 technique at subsection 306(d)(11)(A).               paragraph (b)(3) as paragraph (b)(2) and
                 management program submitted by a                They are that:                                       revising it to read as follows:
                 coastal state, the Secretary shall find              * . *
                 that the management program includes             21. Section 923.43 is amended by                     9923.45'Air and water pollution control
                 an identification of the means by which          revising paragraph (a), the first sentence           requirements.
                 the state proposes to exert control over         of paragraph (b) introductory text and               (a) As required by subsection 307(f),
                 the land uses and water uses referred to         the second sentence of paragraph                     notwithstanding any other provision of
                 in pamgraph (B). including a listing of          (c)(21(i) to read as follows:                        the title. nothing in the title shall in any
                 relevant state constitutional provisions,                                                             way affect an requirement:
                 laws. regulations, and judicial                  � 023.43 Direct state land and water use             (1) EstablisKed by the Federal Water
                 decisions.                                       planning and regulation.-Technique B.                Pollution Control Act, as amended, or
                 (2) As required by subsection                    (a) As required by subsection                        the Clean Air Act. as amended. or
                 306(d)(10). before approving a                   3o6(d)(n), before approving a                        . (2) Established by the Federal
                                                                  management program submitted by a                    Government or byany state or local
                 management program submitted by a
                 coastal state. the Secretary shall find          coastal state, the Secretary shall find              government pursuant to such Acts. Such
                 that the state, acting through its chosen        that the management program provides                 requirements shall be incorporated in
                 agency or agencies (including local              for any one or a combination of general              any program developed pursuant to this
                 governments, area-wide agencies.                 techniques for control of land and water             title and shall be the water pollution
                 regional agencies,.or interstate agencies)       uses within the coastal zone. The                    control and air pollution control
                 has authority for the management of the          second such control technique. at                    requirements applicable to such
                 coastal zone. Such authority shall               subsection 306(d)(1 1)(B), is direct state           program.
                 include power-                                   land and water use planning and                      (b) General comments.
                 (i) To administer land use and water             retlation.                                           (2) Water quality standards are
                 use regulations to control development              ) Control technique subsection                    established by EPA promulgation. or
                 to ensure compliance with the                    306(d)(11)(B) of the Act allows for direct           approval of state standards, taking into.
                 A"pgement program, and to resolve                state control of land and water uses                 consideration public'water supplies.
                   icts among competing uses, and                 subject to the management program on                 protection and propagation of fish,
                 WTTo acquire fee simple and less                 the basis of direct state authority.                 shellfish and wildlife, recreation.
                 than fee simple interests in land, w.aters,                                                           agriculture, industry and navigation.
                 and other Property through                       (c)                                                  EPA itself develops standards on

                                                                                13 1

                      27980    Federal Register / Vol. 59. No. 103 / Tuesday, May 31, 1994 / Rules and Regulations

    affluent limitations, new source            by adding paragraphs(b)(4)and(b)(5)to       and of regional agencies in the
    performance standards,pre-treatment         read as follows:                            development and implementation of
    standards and toxic pollutant discharge                                                 coastal management programs:
    standards.                                  923.50 General.                               (4)The management of coastal
    *   *   *   *    *   *   *                    (a)As required by Section 303,the         development to improve,safeguard,
      24.Section 923.46 is amended by           Congress finds and declares that it is the  restore coastal water quality:and
    resivising paragraphs (a),(c)(1)(2)         national policy:                              (5)The study and development of
    to read as follows:                           (1)To preserve,protect,develop,and,       plans for addressing the adverse effec
                                                where possible,to restore or enhance        of land subsidence and sea level rise.
    923.46   Organizational structure.          the resources of the Nation's coastal       *   *    *   *  *  *
      (a)(1)As required by subsection           zone for this and succeeding                   (d)***This subpart address in
    306(d)(2)(F),before approving a             generations:                                requirements of the following
    management program submittd by a              (2)To encourage and assist the states     subsections of the Act:306(d)(1)
    coastal state,the Secretary shall find      to exercise effectively their               Opportunity for full participation:
    that the management program includes        responsibilities in the coastal zone        306(d)(3)(A)-Plan Coordination:
    a description of the organizational         through the development and                 306(d)(3)(B)-Continued State-Local
    structure propsed to implement such         implementation of management                Consultation;306(d)(4)-Public
    management program,including the            programs to achieve wise use of the land    Hearings:305(d)(8)-Consideration of
    responsibilities and interrelationships of  and water resources of the coastal zone,    the Natioal Interest in Facilities:
    local,areawide,state,regional and           giving full consideration to ecological,    307(b)-Federal Consultation:and
    interstate agencies i the management        cultural,historic,and esthetic values as    307(h)-Mediation.
    process.                                    well as to needs for compatible               27.Section 923.51 is amended by
      (2)As required by subsection              economic development:                       revising paragraph (a).the first sentence
    306(d)(7),before approving                    (3)To encourage the preparation of        of paragraph (b).Paragraph (d)
    management program submitted by             special area management plans which         introductory text and (d)(5)(vii)to read
    a coastal state, the secretary shall find   protecting significant natural resources.
    that the state is organized to implement    reasonable coastal-dependent economic        923.51  Federal-state consultation
    the management program.                     growth,improved protection of life and         (a)(1)As required by subsection
    *   *   *   *   *                           property in hazardous areas,including        306(d)(1),before approving a
      (c)Requirements. (1)States must           those areas likely to be affected by land    management program submitted by             a
    describe the organizational structure       subsidence,sea level rise,or fluctuating     coastal state, the Secretary shall find
    that will be used to implement and          water levels of the Great Lakes, and         that the state has developed and
    administer the management program           improved predictability in                   adopted a management program for its
    including a discussion of those state and   governmental decisionmaking:                 coastal zone with the opportunity of full
    other agencies,including local                (4)To encourage the participation and      participation by relevant Federal
    governments,that will have                  cooperation of the public,state and          agencies.
    responsiblity for administering,            local governments,and interstate and            (2)As required by section 307(b),the
    enforcing and/or monitoring those           other regional agencies,as well as of the    Secretary shall not approve the
    authorities or techniques required          Federal agencies having programs             management program submitted by a
    pursuant to the following subsections of    affecting the coastal zone,in carrying       state pursuant to section 305 unless the
    the Act:306(d)(3)(B):306(d)(10):            out the purposes of this Act:                views of Federal agencies principally
    306(d)(10)(A)and(B):306(d)(:1)and             (5)To encourage coordination and           affected by such program have been
    (12):and 307(f).                            cooperation with and among the               adequately considered.
      (2)States must describe the               appropriate Federal,state,and local            (b)The requirements of subsections
    relationship of these administering         agencies,and international                   306(d)(1)and 307(b)of the Act and
    agencies to the state agency designated     organizations where appropriate, in          those of subsections 307(c)and (d)
    pursuant to subsection 306(d)(6) of the     collection,analysis,synthesis,and            establish reciprocal State-Federal
    Act.                                        dissemination of coastal management          relationship.* * * *
      25. Section 923.47(a)is amended by        information,research results,and             *    *    *    *    *
    revising paragraph(a)to read as follows     technical assistance,to support state          (d)Requirements. In order to address
                                                and Federal regulation of land use           that portion of subsection 306(d)(1)of
    923.47  Designated state agency.            practices affecting the coastal and ocean    the Act that deals with Federal agency
      (a)As required by subsection              resources of the United States: and          participation,each state must:
    306(d)(6),before approving a                  (6)To respond to changing                  *   *    *   *
    management program submitted by a           circumstances affecting the coastal            ( 5)* * *
    coastal state,the Secretary shall find      environment and coastal resource               (vii)Federally developed or assisted
    that the Governor of the state has          management by encouraging states to          plans that must be coordinated with the
    designated a single state agency to         consider such issues as ocean uses           management program pursuant to
    receive and administer the grants for       potentially affecting the coastal zone.      subsection 306(d)(3)of the Act.
    implementing the management program.          (b)* *  * *                                *   *   *   *  * *
    *   *   *  *  *    *                          (2)The achievement of wise use of            28.Section 923.52 is amended by
    SUBPART F--COORDINATION,                    coastal land and water resources with        revising paragraphs (a)and(b)(3)to read
    PUBLIC INVOLVEMENT AND                      full consideration for ecological,           as follows:
    NATIONAL INTEREST                           cultural,historic,and aesthetic values
                                                and needs for compatible economic            923.52 Consideration of the national
       25.Section 923.50 is amended by          development:                                 interest in facilites.
    revising paragraphs(a),(b)(2),(b)(3)and       (3)The involvement of the public, of         (a)As required by subsection
    the third sentence of paragraph (d) and     Federal,state and local governments          306(d)(8),the management program

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                         Federal Register              Vol. 59. No. 103        Tue,;dav Mav 3-1 '1.194 1 Rules and Rpplations                             27981

                    vides for adequate consideration of       �923.55 Full participation by state and             coastal zone to assure the full
                    'c
                    -
                    ational interest involved in              local govemmqnts, Interested parties and            participation of those local governments
                    1,                                        the general public.                                 and agencies in carrying out the
         4&n,       ing for. and managing the coastal
                    zone. including the siting of facilities     (a) As required by subsection                    purposes of this title: except that the
                    such as energy facilities which are of    306(d)(1), before approving a                       Secretary shall not find any mechanism
                    greater than local significance. In the   management program submitted by a                   to be effective for purposes of this
                    case of energy facilities, the Secretary  coastal state. the Secretary shall find             paragraph unless it requires that:
                    shall find that the state has given       that the state has developed and                      (1) the management agency, before
                    consideration to any applicable national  adopted a management program for its                implementing any management program
                    or%interstate energy plan or program.     coastal zone with the opportunity Of full           decision which would conflict with any
                                                              participation by state agencies, local              local zoning ordinance. decision, or
                                                                                         0
                    (b)                                       governments, regional organizations.                other action, shall send a notice of the
                    (3) Indicate how and where the            port authorities, and other interested              managgment program decision to any
                    consideration of the national interest is public and private parties.                         local government whose zoning
                    reflected in the substance of the            (b) Requirements. In addition to                 authority is affected;
                    management program. In the case of        consultation with Federal agencies,                   (2) within the 30-day period
                    energy facilities in which there is a     subsection 306(d)(1) of the A6 requires             commencing on the date of receipt of
                    national interest. the program must       that the opportunity for full                       that notice, the local government may
                    indicate the consideration given any      participation in program development                submit to the management agency
                    national or interstate energy plans or    be provided state agencies. local                   written comments on the management
                    programs which are applicable to or       governments. regional commissions and               program decision. and any
                    affect a state's coastal zone.            organizations. and other interested                 recommendation for alternatives-, and
                                                              public and private parties.                           (3) such management agency, if any
                                                                                                                  comments are submitted to it, within
                    @9. Section 92;.53 is' amended by            32. *Sectio*n 923.56 is amended by               the 30-day period, by any local
                    revising par-agraph (a)(1) to read as     revising paragraphs (a) and (b)(1) to read          government:
                    follows:                                  as follows:                                           U) shall consider the comments:
                    923.53 Feder.al consistency procedures.   � 923.56 Plan coordination.                           (ii) may, in its discretion. hold a
                                                                                                                  public hearing on the comments; and
                    (a)                                          (a) As required by subsection                      (iii) may not take any action within
                                                              306(d)(3)(A). before approving a                    the 30-day period to implement the
                    (i) An ndication of whether the state                                        o
                                                              management program submitted by a                   management program decision.
         WY designated pursuant to                            coastal state. the Secretary shall rind
                    Ict I
                    ion 306(d)(6) of the Act or a             that the state has coordinated its                    (b) Requirements. (1) Establish a
                    ,le other agency will handle              program with local. areawide. and                   mechanism or mechanisms which will
                    consistency review (see 15 CFR 9j0-18)-.                                                      provide for continuing consultation and
                                                              interstate plans applicable to areas                coordination after program approval
                                                              within the coastal zone-                            between local governments, regional.
                                                                 (1) existing on January 1 ofthe year             areawide. multi-state and other state
                    '0.'Section 923.54 is amended by          in which the state's management
                    revising paragraph (d) to read as         program is submitted to the Secretary:              agencies with activities in the coastal
                    follolvs:                                                                                     zone and the state agency designated
                                                              and                                                 purs .uant to subsection 306(d)(6) of the
                    923.54 Mediation.                            (2) which have been developed by a
                                                                                                                  Act.
                    -                                         local government, an areawide agency, a               (2)
                                                              regional agency, or an interstate agency.
                    id) If a serious disagreement persis*ts.     c        o                                         0) "Management agency" refers to the
                                                                 (b) * * *
                    the Secretary or other head of a relevant    (1) Identify local governments,                  state agency designated to the Governor
                    Federal aoency, or the Govemor or the     areawide agencies and regional or                   pursuant to subsection 306(d)(6) of the
                    head of thoe state agency designated by   interstate agencies which have plans                Act and to any other state agency
                                o
                    the Governor as administratively          affecting the coastal zone in effect on             responsible for implementing a
                                                                                                                  managemen
                    responsible for program development (if   January I of the year in which the                                t program decision;
                    a state still is receiving section 305    management program is submitted-,
                    Prn"Warn development. grants) or for                                                            (iv) "Local government" refers to
                    progam implementatAon (if a state is         33. Section 923-57 is amended by                 these defined in section 304(11) of the
                    ri-teiving section 306 program            revising paragraphs ',a), (b)(1). (b)(2)(i)         Act which have some form of zoning
                    iTrPlementation grants) may notify the    and (b)(2)(iv) to read as follows:                  authoritv.
                          ,%,Titing of the existence of
                    SOcret a ry in,
                    a serious disagreement, and may request   51323.57 Continuing consultation.                     34. Section 923.58 is amended by
                    that the Secretary seek to mediate the       '(a) As required by subsection                   revising paragraph (a) to read as follows-
                    serious disagreement. A copy of the       306(d)(3)(B). before approving a
                    writlen request must be sent to the       management program submitted by a                   � 923.58 Public hearings.
                    agency with which the requesting          coastal state, the Secretary shall find               (a) As required by subsections
                    3@E-rr                                    that the state has established an                   306(d)(1) and 306(d)(4), before
                    y disagrees and to the Assistant
                         o
                    Administrator.                            effective mechanism for continuing                  approving a management program
                                                              consultation and coordination between               submitted by a coastal state, the
                                                              the management agency designated                    Secretary shall find that the state has
                    0SIL-ctio'n 923*.55 is amended by         pursuant to paragraph (6) of section                developed and adopted a management
                      Paragraph (a) and the tirst             ;jut)(d) and with local goverriments.               program for its coastal zone after notice.
                    %enterce of paragraph (b) to read as      interstate agencies, regiundl dgencies,             and with the opportunity of full
                                                              and areawide acencies within the                    participation by relevant Federal

                                                                                133

                        27982  Federal Register / Vol. 59, No. 103 / Tuesday, May 31, 1994 / Rules and Regulations

    agencies, state agencies, local                         (3) A succinct description of the                 program to the Assistant Administrator.
    governments, regional organizations,                  environment to be affected by program               Because the review process involves
    port authorities, and other interested                implementation;                                     preparation and dissemination of draft
    parties and individuals, public and                     (4) A description and discussion of               and final environmental impact
    private, which is adequate to carry out               the major alternatives which were                   statements and lengthy Federal agency
    the purposes of the Act and is consistent             considered by the state in developing               review; states should at least anticipate
    with the policy declared in section 303;              the coastal management program;                     that it normally will take 7 months
    and shall find that the state has held                  (5) A discussion of the environmental             between the time a state first submits a
    public hearings in the development of                 impacts of implementing the program;                draft management program to OCRM for
    the management program.                                 (6) A listing of agencies or persons              threshold review and the point at which
    *  *   *    *    *    *                               consulted in determining the impacts of             the Assistant Administrator makes a
      35.Subpart G is revised to read as                  the management program.                             final decision on whether to approve the
    follows:                                                (b)General comments,OCRM will                     management program. Certain factors
                                                          independently evaluate the state's                  will contribute to lengthening or
    Subpart G-Environmental Review                        environmental assessment and use as                 shortening this time table; these factors
                                                          much as possible in developing an EIS               are discussed in the sections that follow.
    923.60 Environmental assessment.                      on the management program. An EIS                   This subpart also provides guidance on
     (a) Requirement  All state                           will be produced for all state programs             a recommended format for the program
    management program submissions must                   submitted for 306 approval. The timing              document submitted to the Assistant
    contain an environmental assessment at                and review procedure for the EIS are                Administrator for review and approval.
    the time of submission of the                         discussed in  923.72.                                  37. Section 923.72 is amended by
    management program to OCRM for                          36. Section 923.70 is revised to read             revising Table 2 in paragraph (b) and
    threshold review. In accordance with                  as follows:                                         paragraph (c)(4)(i)through(vi),and
    the Council on Environmental Quality                                                                      removing paragraph (d)to read as
    regulations, 40 CFR 1506.5 (a) and (b).               Subpart H--Review Approval                          follows:
    state environmental assessments shall                 Procedures
    contain the following information:                                                                        923.71 Recommended format for
      (1) A summary of the state's                        923.70 General                                      program submission.
    management program;                                     The purpose of this subpart is to                   *  *  *   *  *
      (2) A brief discussion of the need for              describe the process of state program
    the state's participation in the Federal              review and approval following                       (b)*  *  *
    program:                                              submission of a state's management

                                                        TABLE 2. CHART-FINDINGS NECESSARY FOR SECTION 306 APPROVAL

                                                                                                                                                                     Associated
                                                                                Section of the act                                                               sectqion(s) of these
                                                                                                                                                                     regulations

                        Section 306(d) which includes:
                             306(d)(2)(A): Boundaries                                                                                                           923.31-923.34
                             306(d)(2)(B): Uses subject to management                                                                                           923.11
                             306(d)(2)(C): Areas of particular concern                                                                                          923.21-923.23
                             306(d)(2)(D): Means of control                                                                           . . ... . .. . . . . ... . .......... 923.41
                             306(d)(2)(E): Guidelines on priorities of uses                                                               . . . . .........     923.21
                             306(d)(2)(F): Organizational structure                                                                                             923.46
                             306(d)(2)(G): Shorefront planning process                                                                                              923.24
                             306(d)(2)(H): Energy facility planning process                                                                                        923.13
                             306(d)(2)(1): Erosion planning process                                                                                                923.25
                             306(d)(1): Notice: full participation; consistent with sec. 303                                                                        923.3,923.51,
                                                                                                                                                                  923.55, & 923.58
                             306(d)(3)(A): Plan coordination                                                                                                    923.56   -
                             306(d)(3)(B): Continuing consultation mechanisms                                                                . . ............. . .923.57
                             306(d)(4): Public hearings                                                                             . . . ... . .. . .. . ........... . .... 923.58
                             306(d)(5): Gubernatorial review and approval       ............ .......... ......                                                    923.48
                             305(d)(6): Designation of recipient agency       .......                                                                           923.47
                             306(d)(7): Organization             - - -------                                               . . . . ........... . . ... . .. . . 923.46
                             306(d)(10): Authorities             . . . .......................... .. . ......... .                                              923.41
                             306(d)(8): Adequate consideration of national interest    .................................................. . ........ ... .      923.52
                             306(d)(9): Areas for preservation/restoration    .................      ------                                                     923.22
                             306(d)(10)(A): Administer regulations, control development; resolve conflicts                                                       923.41
                             306(d)(10)(B): Powers of acquisition, if necessary                                   . . . . . . ......... . . ........ . ........... . . . . .923.41
                             306(d)(11): Technique of control  .. . . . .... . . ........... . .. . ......                . . . ........... . . ... . . .... . . ....... . ..... 923.42-923.44
                             306(d)(12); Uses of regional benefit       . ....... . ....                                                                  923.12
                        Section 307 which includes:
                             307(b): Adequate consideration of Federal agency views                                         . . . . .... . .............................. . .... 923.51
                             307(f): Incorporation of air and water quality requirements    ....... . ............... . ....... . . . .. . . ................................. 923.45

                                                                                (i) Boundaries. The requirements of                 addressed. States may want to indicate
                          (c)
                                                                              subsection 306(d)(2)(A) of the Act and              here, or as part of the EIA, major
                          (4)                                                 Subpart D of these regulations should be            boundary alternatives considered.

                                                                                        134

                              Federal Register / Vol. 59, No. 103 / Tuesday, May 11,'1994                        / Rules and Regulations                  27983

                 Ceneral maps of the management -               considerations; what procedures the              Secretary received the proposed
                 boundaries and of excluded Federal             state will use to implement the Federal          amendment The Secretary may extend
                 lands, if provided. an recommended for         consistency provisions of the Act. and           this period only as necessary to meet the
                 inclusion in this section (or if more.         what mechanisms will be used to insure           requirements of the National
                 easily handled as a separate appendix.         continued governmental consultation              Environmental Policy Act of 1969 (42
                 their location in the appendix should be       and public participation after prograln          U.S.C 4321 at seq.). If the Secretary
                 indicated in this section).                    approval. Detailed documentation                 does not notify thelcoastal state that the
                  (1i) Uses subject to management. The          regarding a num        of the requirements       Secretary approves or disapproves the
                 requirements of subsections                    addressed in this section can be                 amendment within that period. then the
                 306(d)(2)(B). 306(d)(2)(H). and                reserved for appendices.                         amendment shall be conclusively
                 306(d)(12) of the Act and related                 (vi) Msceflaneous. Normally. states .         presumed as approved.
                 sections 923.11 through 923.23 of these        will address the requirements of                   (3)(i) Except as provided in paragraph
                 regulations should be addressed.               subsection 306(d)(5) and related section         (3)(1i). a coastal state may not
                  Jill) Special management areas. The           923.48 in the gubernatorial transmittal          implement any amendment,
                 requirements of subsections                    that will accompany the program                  modification. or other change as part of
                 306(d)(2)(C). 306(d)(2)(E). 306(d)(2(G),       submission.                                      its approved management program .
                 306(d)(2)(1). and k6(cl)(9) and the .             38. Section 923.73 is revised-to read         unless the amendment, modification, or
                 associated requirements of Sub@art C of        as follows:                                      other change is approved by the
                 these regulations should be addressed.                                                          Secretary under this paragraph.
                 states are encouraged to include               � 923.73 Miscellaneous.                           Jil) The Secretary. after determining
                 generalized maps located designated               The timellnes laid out in S 923.72 may        on a preliminary basis. that an
                 Amu of Particular Concern.                     be shortened if reduction of the time            amendment. modification or other
                   (iv) Authorities and organization. The       allotted to review environmental impact          change which has been submitted for'
                 requirements of subsections                    statements is proposed consistent with           approval under subsection 306(e) is
                 306(d)(2)(D). 306(d)(2)(F). 306(d)(6).         applicable procedures and guidelines of          likely to meet the program approval'
                 306(d)(10). 306(d)(11). and 307(f) of the      CEQ and their concurrence is requested.          standards, may permit the state to
                 Act and the associated requirements of         Reductions in review time normally are           expend funds awarded under subsection
                 Subpart E of these regulations should be       limited to emergency circumstances or            306(e) to begin implementing the
                 addressed. This should include a               conditions which would result in                 proposed amendment. modification. or
                 discussion of the administrative and           impaired program effectiveness.                  change. This preliminary approval shall
                 legal bases that will be used to                                                                not extend for more than 6 months and
                 implement and insure enforcement of            JS 923.74, 2=75, 9=76 lRemoved)                  may not be itnewed. A proposed ' '
                 and compliance with the policies of the           39. Sections 923.74, 923.75 and               amendment. modification, or change
                 management program. This section               923.76 are removed.                              which has been given preliminary
                 should include, as applicable,                    40. Section 923-80 is amended by              approval and is not finally approved
                 discussion of six types of legal               redesignating paragraph (c) as pangraph          under this paragraph shall not be
                 authorities: state legislation. state          (d). revising paragraph (b), and adding          considered an enforceable policy for
                 agency regulations, gubernatorial              a new paragraph. (c) to read as follows:          u oses of subsection 307 of the Act.
                 executive orders, interagency                                                                   P (Jc As required by subsection 312(d).
                 agreements, significant judicial               Subpart I-Amendments to and                      the Secretary shall withdraw approval
                 decisions and significant constitutional       Termination of Approved Management               of the management program of any
                 provisions. With respect to the                Programs                                         coastal state and shall withdraw
                 organization structure that will be used       S 923.80 General.                                financial assistance available to that
                 to implement the management program.                                                            state under this title as well as any
                 this section should include a discussion                                                        unexpencled portion of such assistance,
                 of the toles and responsibilities during          (b) As required by subsection 306(e),         if the Secretary determines that the
                 the program implementation of the state        any coastal state may amend or modify            coastal state has failed to take the
                 agency designated pursuant to                  a management program which it has
                 subsection 306(d)(6) of the Act and of         submitted and which has been approved            actions referred to in subsection
                                                                                                                 312(c)(2)(A).
                 other state, local or regional agencies        by the Secretary under this subsection.
                 that will be involved in carrying out the      subject to the following conditions:               41. Section 923.81 is amended by
                 management program. The relationship              (1) The state shall promptly notify the       revising paragraphs (a) and (b)(3)(i) to
                 of the designated state agency to these        Secretary of any proposed amendment,
                       igencies also should be described.       modification, or other program change
                 other,                                                                                          mad as follows:
                   M Consultation, participation and            and submit it for the Secretary's                �923.81 Requests for amendments.
                 nntional interests. The requirements of        approval. The Secretary may suspend                (a) Requirement. Requests for
                 ulbsections 306 (d)(i) through (d)(4),         all or part of any grant made under this         amendments shaU be submitted to the
                 306(d)(8) and 307(b) of the Act and the        subsection pending state submission of           Assistant Administrator by the Governor
                 relaled requirements of Subpart F of           the proposed amendment. modification             of a coastal state with an approved
                 these regulations should be addressed.         or other program change.                         management progriun or by the head of
                 Included herein should be a summary of          - (2) Within 30 days after the date the         the state agency (designated pursuant to
                 consultation efforts with rele;vant            Secretary receives any proposed                  subsection 306(d)(6)) if the Governor
                 Federal and state agencies, local              amendment, the-Secretary shall notify            had delegated this responsibility and
                 governments. regional, areawide and/or         the state whether the Secretary approves         such delegation is part of the approved
                 in'surstate entities- A summary of public      or disapproves the amendment, or                 management program.
          Onformation and participation during                  whether the Secretary finds it is                  M - - *
                 P"14ram development should be                  necessary to extend the review of the              (3) * * *
                 included. Also included herein should          proposed amendment for a period not to             M At least one public hearing must be
                 be discussions of national interest            exceed 120 days after the date the               held on the proposed amendment.

                                                                                135

                    27984           Federal Register / Vol. 59 No. 103/ Tuesday, May-31,1994/ Rules and Regulations

                      pursuent to subsection 306(d)(4) of the            Act have been met, the Assistant                    923.92     Allocation
                      Act.                                                Administrator will then determine,                     (a) Subsections 303(4),306(d)(3)(B)
                                                                         pursuant-to the National Environmental               and 306(d)(10) foster intergovernmental
                         42. Section 923.82 is amended by                 Policy Act of 1969, as amended,                     cooperation in that a state, in
                      revising paragraphs (a)(1)(i)(A).                 whether an environmental impact                    accordance with its coastal zone
                      (a)(1)(v)(D). (a)(2), (b) and (c) to read as       statement (EIS) is required. * * *                   management program, may allocate its
                      follows.                                              43. Section 923.83 is amended by                 coastal zone management
                                                                         revising the first sentence of paragraph            responsibilities to several agencies,
                         923.82 Amendment reviews/approval                                (b) to read as follows:                             including local governments, areawide
                      procedures.                                                                                             agencies, regional agencies and
                         (a) * * *                                            923.83 Mediation of amendments.
                         (1) * * *                                                                                                 interstate agencies. Such allocations
                         (i) * * *                                                                                                 provide for continuing consultation and
                         (A) Areas the management of which is               (b) Mediation may be requested by a                more effective participation and
                      necessary to control uses with direct               Governor or head of a state agency                  cooperation among state and local
                      and significant impacts an coastal                 designated pursuant to subsection                   governments, interstate, regional and
                                                                         306(d)(6) or by the head of a relevant              areawide agencies.
                      waters or areas likely to be affected by             Federal agency.
                      or vulnerable to sea level rise;                   *
                           *  *                                        44. Section 923.90 is amended by                  q   	923.93,923.98[Removed]
                         (v) * * *                                          revising paragraphs (e) and (f) to read as             47. In Subpart J, sections 923.93 and
                         (D) In the case of energy facilities,            follows:                                            923.98 are removed and sections 923.94,
                      consideration of any applicable                                                                        923.95, 923.96, 923.97 923.99 and
                      interstate energy plan or program (see               Subpart J-Applications for Program                    923.100 are redesignated as sections
                       923.52(c)(3)).                                Development or Implementation                       923.93. 923.94, 923.95, 923.96, 923.97
                         (2) The procedural requirements of              Grants                                              and 923.98, respectively.
                      section 306(d) of the Act have been met.                                                                  48. Section 923.93 is amended by
                      These procedural requirements are that:           923.90 General.                               revising paragraph (c)(2)(i) and the first
                         (i)The state has developed the                                                                 sentence of paragraphs (d) and (f) to
                      amendment with the opportunity for                    (e) For purposes of this subpart. the           read as follows:
                      full participation by relevant Federal             term "development grant" means a
                      agencies, state agencies, local                    grant awarded pursuant to subsection                 923.93 Eligible implementation costs.
                      governments, regional organizations,               305(a) of the Act."Administrative
                      port authorities, and other interested             grant" and "implementation grant" are                  (C)* * *
                      public and private parties(subsection             used interchangeably and mean grants                  (2)* * *
                      306(d)(1));                                        awarded pursuant to subsection 306(a)                  (i) Prevent or mitigate loss of life and
                         (ii) The state has coordinated the              of the Act.                                                 property in such coastal hazard areas as
                      amendment with local, area-wide and
                      interstate plans applicable to areas                  (f) All application and preapplication            floodplains, erosion-prone areas, areas
                      within the coastal zone affected by the           forms are to be requested from and                   subject to subsidence, saltwater
                      amendment and existing an Januaryl of             submitted to: National Oceanic and                  intrusion, or sea level rise;
                      the year in which the amendment                    Atmospheric Administration, Office of
                      request is submitted (subsection                   Ocean and Coastal Resource                             (d) Implementation funding may be
                      306(d)(3)(A));                                     Management, 1305 East-West Highway,                 applied to the management of
                         (iii) Notice has been provided and a            l1th Floor, Silver Spring, MD 20910.                designated areas of particular concern,
                      public hearing held on the proposed                   45. Section 923.91 is amended by                 especially areas designated for
                      amendment (subsections 306(d)(1),                  revising paragraphs (a) and (b) to read              preservation or restoration purposes
                      306(d)(3) and 306(d)(4)); and                      as follows:                                         pursuant to section 306(d)(9) of the
                                                                                                                                Act.
                         (iv) The Governor or the head of the            923.91 State responsibility.                            (e) * * *
                      state agency, designated pursuant to                  (a) Applications for program grants                 (f) Equipment purchases by the
                      subsection 306(d)(6), has reviewed and             shall be submitted by the Governor of a             grantee of more than five thousand
                      approved the proposed amendment                    participating state or by the head of the           (5,000) dollars per item require NOAA
                      (subsection 306(d)(5)).
                         (b) If the Assistant Administrator, as          state entity designated by the Governor             approval prior to purchase.
                      a preliminary matter, determines that              pursuant to subsection 306(d)(6) of the                      *    *   *
                      the management program, if changed,                Act.                                                   49. Section 923.95 is amended by
                      would no longer constitute an                         (b) In the case of a section 305 grant,          revising paragraph (a)(4) to read as
                      approvable program, or if any of the               the application shall designate a single            follows:
                      procedural requirements of section                 state agency or entity to receive
                      306(d) of the Act have not been met, the           development grants and to be                          923.95 Applications for subsequent
                      Assistant Administrator shall advise the           responsible for development of the                  program development grants.
                      state in writing of the reasons why the            state's coastal management program.                    (a) * * *
                      amendment request cannot be                           The designee need not be,that entity                   (4) Indicate when the state will
                                                                         designated by the Governor pursuant to            submit a management program to the
                      considered.
                         (c) If the Assistant Administrator, as          subsection 306(d(6) of the Act as a                Assistant Administrator for review and
                         preliminary matter, determines that             single agency to receive and administer             final approval pursuant to section 306 of
                      the management program, if changed,                implementation grants.                              the Act.
                      would still constitute an approvable
                      program and that the procedural                       46. Section 923.92 is amended by                    50. Section 923.98 is amended by
                      requirements of section 306(d) of the              revising paragraph (a) to read as follows:          revising paragraph (a) to read as follows:

                                                                                     136

                                  Federal Register /  Vol. 59. No. 103 / Tuesday, May 31 1994                                   Rules and Regulations                           27985

                   923.98 Grant amendments.                             PART    927--ALLOCATION OF SECTION                      with the provisions of Section 312(c)
                       (a) Actions which require an                         306 PROGRAM ADMINISTRATION                           and (d).
                   amendment to a grant award such as a                 GRANTS									*	*	*	*	*
                   request for additional Federal funds,                                                                       (FR Doc. 94-11715 Filed 5-27-94; 8:45 am)
                   changes in the amount of the non-                        56. Section 927.1 is amended by
                                                                                                                               BILLING CODE 3510-08 P-M
                   Federal share, changes in the approved               revising paragraphs (a),(b) and (f) to
                   project budget as specified in OMB                    read as follows:
                   Circular A-102, or extension of the
                   grant period must be submitted to the               927.1    Allocation formula.                          DEPARTMENT OF HEALTH AND
                                                                                                                               HUMAN SERVICES
                   Assistant Administrator and approved                     (a) As required by subsection 306(a),
                   in writing by him/her and the NOAA                   the Secretary may make grants to any              Social Security Administration
                   Grants Officer prior to initiation of the            coastal state for the purpose of
                   contemplated change. Such requests                   administering that state's management			20 CFR Part 416

                   should be submitted at least 30 days
                   prior to the proposed effective date of               program,if the state matches any such               (Regulations No. 16)
                                                                        grant according to e following ratios of
                   the change and, if appropriate,                       Federal-to-state contributions for the             RIN 0960-AD1O
                   accompanied by evidence of compliance                applicable fiscal year:
                   with E.O. 12372 requirements.                            (1) For those states for which                  Supplemental Security Income for the
                                                                                                                              Aged, Blind, and Disabled; Financial
                                                                          programs were approved prior to
                       51. In 15 CFR part 923. subpart K is                                                                Institution Account Policy in th
                   removed.                                             enactment of the Coastal Zone Act                  Supplemental Security Income
                                                                        Reauthorization Amendments of 1990. 1
                   923.1, 923.47, 923.62,923.70,923.71,                        to 1 for any fiscal year.                   Program
                   923.72,923.81, 923.82,923.84,923.93                (2) For programs approved after                       AGENCY: Social Security Administration.
                   [Amended]                                            enactment of the Coastal Zone Act                   HHS.
                       52. In addition to the amendments set            Reauthorization Amendments of 1990,4                ACTION:  Final rules.
                   forth above, in 15 CFR part 923, remove              to 1 for the first fiscal year, 2.3 to 2 for
                   the word "OCZM" and add, in its place,              the second fiscal year, 1.5 to 1 for                 SUMMARY: We are codifying in
                   the word "OCRM" in the following                    third fiscal year, and 1 to 1 for each               regulations, certain procedures which
                   places:                                              fiscal year thereafter.                             currently appear in our internal
                       a. Section 923.1(d)(5);                                                                              operating instructions regarding how we
                       b. Section 923.47(b)(3) and (c(1);                     (3) As required by subsection 306(b),         attribute ownership of financial
                       c. Section 923.70;                               the Secretary may make a grant to a                 institution accounts for purposes of
                       d. Section 973.71 (a) and (c);                   coastal state under subsection 306(a)               determining eligibility for supplemental
                       e. Section 923.72(a);                            only if the Secretary finds that the                 security income (SSI). Existing
                       f. Section 923.81(b)(4)(i);                       management program of the coastal state             regulations do not contain the rules we
                       g. Section 923.82(a) introductory text           meets all applicable requirements of this            use to determine ownership of financial
                   and (c)(1) introductory  text;                   title and has been approved in                           institution account funds.
                       h. Section 923.84 (b) (1) introductory
                                                                           accordance with subsection 306(d).                 EFFECTIVE DATES: These final regulations
                   text. (b)(2)(i), (b)(1)(ii), (b)(2)                                                                        are effective May 31, 1994.
                                                                            (4) As required by subsection 306(c).
                   introductory text, (b)(2)(i)(B),                     grants under this section shall b
                   (b)(2)(i)(C), (b)(3), (b)(4) introductory                                             		              FOR FURTHER INFORMATION CONTACT:
                   text. (b)(4)(i)(A), and (b)(5);                      allocated to coastal states under                        Henry D. Lerner, Legal Assistant, Office
                       i. Section 923.90(a); and                          approved programs based on rules and 			      of Regulations, Social Security
                       j. Section 923.93(e)(4)(ii) and (g).             regulations promulgated by the                           Administration, 6401 Security
                       53. Section 923.1(d)(5) is amended by            Secretary which shall take into account                Boulevard, Baltimore, MD 21235 (410)
                   removing the words "Office of Coastal                the extent and nature of the shoreline		         965-1762.
                   Zone Management" and adding, in their                and area covered by the program.   		          SUPPLEMENTARY INFORMATION: These
                   place, the words "Office of Ocean and               population of the area, and other		               regulations codify present SSI
                   Coastal Resource Management".                       relevant factors.  The Secretary shall		           procedures with respect to attributing
                       54. Section 923.90(f) is revised to read          establish, after consulting with the                   ownership of financial institution
                   as follows:                                          coastal states, maximum and minimum		            account funds for SSI eligibility
                   923.90 General.                                      grants for any fiscal year to promote                     purposes. These procedures appear in
                                                                        equity between coastal states and
                                                                                                                               our operating instructions.  Title XVI of
                                                                        effective coastal management.
                                                                                                                               the Social Security Act and existing
                       (f) All application and preappication                (b) Minimum/maximum allocations.            regulations are silent on the issue of
                       forms are to be requested from and                  The Assistant Administrator shall
                   submitted to: National Oceanic and                                                                          how funds in financial institution
                                                                        establish minimum and maximum state	             accounts are attributed for SSI resource
                   Atmospheric Administration. Office of                allocations annually, after consultation          eligibility purposes.  Regulations at

                   Ocean and Coastal Resource                           with the coastal states.                           � 416.1201 define resources as "cash or
                   Management, Coastal Program Division.                	(c)* * *
                   130S East-West Highway (N/ORM3),                                                                         other liquid assets or any real or
                   Silver Spring, MD 20910.                                 (d)* * *                                         personal property that an individual (or
                                                                            (e)* * *                                              spouse, if any) owns and could convert
                   PART 926--COASTAL ZONE                                                                                      to cash to be used for his or her support
                   MANAGEMENT PROGRAM                                       (f)Calculation of financial assistance            and maintenance." The term "bank
                   DEVELOPMENT GRANTS,						award levels.  Actual financial assistance		account" as used in 416.1201(b) has
                   ALLOCATION OF FUNDS TO STATES				award levels will be set from base level			been replaced by the term "financial
                   55, Part 926 is removed and reserved.           	allocations, any adjustments under                    institution account" because in the
    											paragraph (e) above, and in accordance			past, the use of the term "bank" has

                                                                                            137

    Pt.  923									15 CFR Ch. IX (1-1-93 Edition)

    ciated with it is of transcendent imprtance in the nation's history and the association consequential; or
    (4) A birthplace, grave, or burial if it is of a historical figure of transcendent national significance and no other appropriate site, building or structure directly associated with the productive life of that person exista; or
    (5) A cemetery that derives its primary national significance from graves if persons of transcentent importance, or from an exceptionally distinctive design or from an exceptionally significant event; or
    (6) A reconstructed building or ensemble of building of extraordinary national significance when accurately executed in a suitable environment and presented in a dignified manner as part of a restoration master plan, and when no other buildings or structures with the same association have survived; or
    (7) A property primarily commemorative in intent if design, age, tradition, or symbolic value has invested it with its own national historical significance; or
    (8) A property achieving national significance within the past 50 years if it is of extraordinary national imprtance.

    Table 2: Criteria for inclusion of cultural properties on the work heritage list

    (1) A monument, group of buildings, or site which have been nominated for includsion on the World Heritage List will be considered to be of outstanding universal value for the purposes of the World Heritage Convention when the World Heritage Committee finds that it meets one or more of the following criteria and the test of authenticity.  Each property nominated should therefore:
    	(i)    Represent a unique artistic achievement, a masterpiece of the creative genius; or
    	(ii)   Have exerted great influence, over a span of time or within a cultural area of the world, on developments in architecture, monumental arts or townplanning and landscaping; or
    	(iii)  Bear a unique or at least exceptional testimony to a civilization whcih has disappeared; or
    	(iv)   Be an outstanding example of a type of structure which illuminates a significant stage in history; or
    	(v)    Be an outstanding example of a traditional human settlement which is representative of a culture and which has become vulnerable under the impact of irreversible change; or
    	(vi)   Be directly or tangibly associated with events or with ideas or beliefs of outstanding universal significance. (The Committee considered that this criterion should justify inclusion in the List only in exceptional circumstances or in conjunction with other criteria); and
    		 In addiont, the property must meet the test of authenticity in design, materials, workmanship, or setting.
    (2) The following additional factors will be kept in mindy by the Committee in deciding on the eligibility of a cultural property for inclusion on the List;
    	(i)    The state of preservation of the property should be evaluated relatively,, that is, it should be compared with that of other property of the same type dating from the same period, both inside and outside the country's borders; and
    	(ii)	 Nominations of immovable property which is likely to become movable will not be considered.

    Part 923--COASTAL ZONE MANAGEMENT PROGRAM DEVELOPMENT AND APPROVAL REGULATIONS

    Subpart A--General
    Sec.
    923.1  Purpose.
    923.2  Definitions.
    923.3  General requirements.

    Subpart B--Uses Subject to Management
    923.10  General
    923.11  Uses of subject to management.
    923.12  Uses of regional benefit.
    923.13  Energy facility planning process.

    Subpart C--Special Management Areas
    923.20  General
    923.21  Areas of particular concern.
    923.22  Areas for preservation or restoration.
    923.23  Other areas of particular concern.
    923.24  Shortfront access and protection planning.
    923.25  Shoreline erosion/mitigation planning.

    Subpart D--Boundaries
    923.30  General.
    923.31  Inland boundaries.
    923.32  Seaward boundaries.
    923.33 Exculded lands.
    923.34  Interstate boundaries.

    Subpart E--Authorities and Organization
    923.40  General.
    923.41  Identification of authorities.
    923.42  State establishment of criteria and standards for local implementation--Technique A.

    							138

                    � 923.1                                             15 CFK Ch. IX (1-1-93 Edition)-
                    Act are dealt with under one of these       amendments (15 CPR part 923) pub-
                    groupings. but not necessarily in the       lished in the F)WERAT RzGzsT= on De-
                    order in which they appear in the Act.      cember 30, 1976. dealing with subsec-
                      (c) In summary. the requirements          tions 306(cX2XB), 306(g), and 312 of
                    for program approval are that a State       the Act having to do with a continuing
                    develop a manx ement program that:          state-local consultation mechanism.
                      (1) Identifies and evaluates those        changes to approved management pro-
                    coastal resources recognized in the Act     grams, and termination and withdraw-
                    as requiring management or protec-          al of funding of approved             it
                    tion by the State;                          programs:
                      (2) Reexitmines existing policies or       (4) Final Coastal Zone Management
                    develops new policies to manage these       Program Approval regulations amend-
                    resources. These Policies must be spe-      ment (15 CPR part 923) published in
                    cific. comprehensive. and enforceable:      the FwzRAL RzGzsT= on November 2.
                      (3) Determines specific use and spe-      1976, dealing with subsection 306(h) of
                    cial geographic areas that are to be        the Act having to do with 1-sland seg-
                    subJect to the man ement program,           ments;
                    based on the nature of Identified            (5) The "Threshold Papers," infor-
                    coastal concerns;                           mal guidance papers issued by Office
                      (4) Identifies the inland and seaward     of Coastal Zone Management (OCZM)
                    areas subJect to the man ement pro-         in December 1975, but never published
                    gra=                                        in the P==AL RzGxsT=
                      (5) Provides for the consideration of      (6) Interim Coastal Zone Manage-
                    the national interest in the planning       ment Federal-State Consultation regu-
                    for and siting of facilities that meet      lations (15 CFR part 925) published In
                    more than local requirements; and           the F==AL RzrisT= on February 2.
                      (6) Includes sufficient legal authori-    1975. dealing with subsections 307 (b)
                    ties and organizational arrangements        and (h) of the Act which deal with
                    to implement the program and to             federal consultation. review and ap-
                    ensure conformance to it In arriving        proval procedures. and mediation
                    at these elements of the man ement          during program development and pre-
                    program. States are obliged to follow       liminary approval; and
                    an open process which involves provid-       (7) Final Coastal Zone Management
                    ing Information to and considering the      Program Approval regulations (15
                    interests of the general public. special    CFR part 923) published in the F)CDER-
                    interest groups, local governments,         AL RzGzsT= on January 9. 1975, deal-
                    and regionaL State. interstate. and         ing with section 306 program approval
                    Federal agencies.                           requirementa.
                      (d) These regulations revise. consoll-     (e) FAch subpart of the regulations
                    date. and supersede the following sets      is organized as follows:
                    of existing regulations and guidance         (1) An introductory section describ-
                    related to management program devel-        ing which subsections of the Act are
                    opment and approval:                        addressed in the subpart;
                      (1) Interim-FInal Program Develop-         (2) Relevant statutory citations;
                    ment and Approval regulations pub-           (3) The requirement& Where com-
                    lished March 1. 1978 (15 CFR part           ments are included among the require-
                    923) published in the F@mmLAL RzGis-        ments, they are clearly distinguished
                    T= on March 1. 1978. dealing with all       by label and type face from the re-
                    sections 305 and 306 program develop-       quirements. Comments on individual
                    ment and approval requirements;             requirements are Included for the pur-
                      (2) Final Coastal Zone Management         pose of providing a clearer under-
                    Program Development regulations (15         standIng of acceptable or recommend-
                    C& part 920) published in the Pmzit-        ed ways to meet the requirement; and
                    AL RzataTm on April 29. 1977, dealin         (4) G@enerai commentary applicable
                    with section 305 program develop-           to all the requirements.
                    ment, preliminary approval and grant         (f) While states must meet the re-
                    applications;                               quirements of these regulations, their
                      (3) Proposed Coastal Zone Manage-         presentation-either to the Assistant
                    ment Program Approval regulations           Administrator or to the public-need

                                                          139

                      National Oceanic and Atmospheric Adm., Commerce                               � 923.2
                      not be in the order or terminology          Department of Health. Education. and Wel-
                      used herein. (See 1923.71 for further         fare;
                      discussion of the program submission        Department of Housing and Urban Develop.
                      format.)                                      ment.
                                                                  Department of the Interior.
                      � 923.2 Definition&                         Department of Transportation:
                      (a) The term Act means the Coastal          Environmental Protection Agencr.
                      Zone Management Act of 1972, as             Federal Energy Regulatory Commi ion;
                                                                  General Services Administration:
                      amended.                                    Nuclear Regulatory CommissiorL
                      (b) The term Secretary means the
                      Secretary of Commerce and his/her             (e) The term Federal agencies prin.
                      designee. With the exception of the         cipally affected shall mean the same
                      mediation functions discussed in            as "relevant Federal agencies." The
                      � 923.54, all functions of the Act have     Assistant Administrator may expand
                      been vested in the Assistant Adminis-       upon the term for purposes of review-
                      trator for Coastal Zone Management          Ing the management Program and en.
                      based on duly executed delegations of       vironmental impact statemenL
                      authority from the Secretary to the           (f) The term Coastal State means a
                      Administrator of the National Oceanic       State of the United States in, or bor--
                      and  Atmospheric        Administration      dering on. the Atlantic, Pacific. or
                      (NOAA) by Department of Commerce            Arctic Ocean. the Gulf of Mexico,
                      Organi tional Order 25-5A. and from         Long Island Sound. or one or more of
                      the Administrator to the Assistant Ad-      the Great Lakes. Pursuant to section
                      ministrator for Coastal Zone Manaff-        304(3) of the Act. the term also in.
                      ment by NOAA Circular 78-14.                cludes Puerto Rico, the Virgin Islands,
                      (c) The term Assistant Administra-          Guam. and American Samoa. Pursu-
                      tor means the Assistant Admirlistrator      ant to section 703 of the Covenant to
                      for Costal Zone Management. Nation-         Establish a Commonwealth of the
                      al Oceanic and Atmospheric Aelmini -        Northern Marianst Islands in Political
                      tration. U.S. Department of Com-            Union with the United States of Amer-
                      merce.                                      ica, the term also includes the North-
                      (d)(1) The term relevant Federal            ern Marianas.
                      agencies means those Federal agencies         (g) The term management program
                      with programs, activities. projecM reg-     includes, but is not limited to, a com-
                      ulatory, financing, or other assistance     prehensive statement in words, maps.
                      responsibilities in the following fields    illustrations. or other media of com-
                      which could impact or affect a State's      munication. prepared and adopted by
                      coastal zone:                               the State in accordance with the pro-
                      (1) Energy production or transmi3-          visions of this title. setting forth ob-
                      sion.                                       Jectives, Policies. and - standards to
                      (ii) Recreation of a more than local        guide public and private uses of lands
                      nature.                                     and waters in the coasW zone. The
                      (11i) Transportation.                       man ement program shall include an
                      (iv) Production of food and fiber.          articulation of enforceable policies and
                      (v) Preservation of life and property.      citation of authorities providing this
                      (vi) National defense.                      enforceability.
                      (vil) Historic. cultural. aesthetic, and      (h) The following terms, as used in
                      conservation values.                        these regulations, have the same defi-
                      (vill) Mineral resources and extrac.        nition as provided in section 304 of the
                      tion. and                                   Act:
                      Ux) Pollution abatement and con:-             (1) Coastal zone,
                      trol.                                         (2) Coastal watem
                      (2) The following are defined as rele-        (3) Efftuary.
                      vant Federal agencies:                        (4) Tand use.
                      Department of Agriculture;                    (1) The term grant means a financial
                      Department of Commerce.                     assistance instrumment and refers to
                      Department of Defensc                       both grants and cooperative agree-
                      Department of Enerffr.                      ments.

                                                           14 C,

    923.3

    923.3  General requirements.
    	(a) Statutory Citations, Subsection 306(c)(1):  .

    Prior to granting approval of a management program submitted by a coastal state, the Secretary shall find that: (1) the State had developed and adopted a management program for its coastal zone * * * which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title.

    Section 302:
    The Congress finds that--
    (a)  There is a national interest in the effective management, beeneficial use, protection, and development of the coastal zone.
    (b)  The coastal zone is rich in a variety of natural, comercial, recreational, industrial, and aesthetic resources of immediate and potential value to the present and future well-being of the Nation;
    (c)  The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent, and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion;
    (d)  The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man's alterations;
    (e)  Important ecological, cultural, hostoric, and aesthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost;
    (f)  Special natural and scenic characteristics are being damaged by ill-planned development that threatens these values;
    (g)  In light of competing demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, present state and local institutional arrangements for planning and regulating land and water uses in such areas are inadequate; and
    (h)  The key to more effective protecion and use or the land and 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 ferderal and local governments and other vitally affected interests in developing land and water use programs for the coastal zone including unified polices, criteria, standards, methods, and proicesses for dealing with land 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 financila assistance to meet state and local needs resulting from new or expanded energy activity in or affecting the coastal zone.

    Section 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 suceeding generations;
    (b)  to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the development and implementation of management programs to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and aesthetic values as well as to needs for economic development.
    (c)  for all Federal agencies engaged in programs affecting the coastal zone to cooperate and participate with State and local governments and regional agencies in effectuating the purposes of this title, and
    (d)  to encourage the participation of the public, of Federal, state and local governments and of regional agencies in the development of coastal zone management programs, it is the national policy to encourage cooperation among the various state and regional agencies including establishment of interstate and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems

    (b) Requirements.  The approvability of any state program will be determined by the Assistant Administrator in accordance with the following general requirements:

    (1)  The management program must provide for the management of those land and water uses having a direct and significant impact on coastal waters and must take steps to assure the appropriate protection of those significant resources and areas, such as wetlands, beaches and dunes, and barrier islands, that meke the state's coastal zone a unique, vulnerable, or valuable area;
    (2)  The management program ust contain three broad classes of policeis, consistent with the findings of section

                          � 923.12                                                15 CFR CH. IX (1-1-93 Edition)

                          velopment activities and are not sub-            (b) Requirement. In order to meet
                          ject to the Federal consistency re-            the    requirements        of     subsection
                          quirements of section 307(c)(1)):              306(e)(2) of the Act, States must:
                          (iii) Recreational facilities such as            (1) Identify what constitute uses of
                          beaches, amusement parks. marinas              regional benefit.
                          and other boating facilities;                    (2) Identify and utilize any one or a
                          (iv) Public facilities and public works        combination of methods, consistent
                          such as schools, hospitals, government         with the control techniques employed
                          buildings, dams and water treatment            by the State, to assure local land and
                          facilities; and                                water use regulations do not unreason-
                          (v) Transportation facilities such as          ably restrict or exclude uses of region-
                          highways, railroads, airports, ports           al benefit.
                          and harbors.
                          (3) States should utilize the follow-           923.13 Energy facility planning process.
                          ing types of analyses:
                          (i) Capability and suitability of re-            (a) Statutory Citation Subsection
                          sources to support existing or project-        305(bX8):
                          ed uses;                                         The management program for each coast-
                          (ii) Environmental impacts on coast-           al state shall Include (8) A planning
                          al resources.                                  process for energy facilities likely to be lo-
                          (iii) Compatability of various uses            cated in, or which may significantly affect,
                          with adjacent uses or resources;               the coastal zone, including. but not limited
                          (iv) Evaluation of inland and other            to, a process anticipating and managing the
                          location alternatives;                         impacts from such facilities
                          (v) Water dependency of various                  (b) Requirements.  States must devel-
                          uses and other social and economic             op a planning process which is capa-
                          considerations.                                ble, at a minimum, of anticipating and
                          (4) Since management of uses must              managinig the impacts from energy fa-
                          take into account the full range of
                          considerations called for in sections          cilities in or affecting a State's coastal
                          302, 303 and 307(f) of the Act. exami-         zone. This process must include the
                          .nation of the following representative        following elements:
                          factors is suggested:                            (1) Identification of energy facilities
                          (i) Air and water quality.                      which are likely to locate in, or which
                          (ii) Historic, cultural and aesthetic           may signfficantly affect, a State's
                          resources where coastal development             coastal zone:
                          resources is likely to affect these re-          (i) In determining energy facilities
                          sources;                                       which may significantly affect the
                          (iii) Open space or recreational uses          coastal zone. States must consider, at a
                          of the shoreline where increased               minimum, those facilities listed in sub-
                          access to the shorefront is a particu-         section 304(5) of the Act.
                          larly important concern;                         (ii) At a minimum "significantly
                          (iv) Floral and faunal communities             affect", shall be defined in terms of
                          where loss of living marine resources          substantial or potentially substantial
                          or threats to endangered or threat-            changes in coastal zone resources
                          ened coastal species are particularly          which could be affected by a proposed
                          important concerns.                            energy facility. These include changes
                          (44 FR 18595, Mar. 28. 1979, as amended at     in land, air, water, mineral. flora,
                          50 FR 35213, Aug. 30, 1985)                    fauna, noise, and objects of historic,
                                                                         cultural, archeological or aesthetic sig-
                          � 923.12 Uses of regional benefit              nificance.
                          (a) Statutory Citation. Subsection               (2) Procedures for assessing the suit-
                          308(e)(2):                                     ability of sites for such facilities. This
                                                                         assessment procedure shall be de-
                          Prior to granting approval the Secretary       signed to evaluate, to the extent prac-
                          shall also find that the program provides      ticable, the costs and benefits of pro-
                          for a method of assuring that local            posed and alternative sites in terms of
                          and water use requlations within the coastal
                          zone do not unreasonable restrict or exclude   State and national interests as well as
                          land and water uses of regional benefit.       local concerns.

                                                                   142

                     National Oceanic and Atmospheric Adm., Commerce                                   � 923.11
                     302 of the Act. that are related to re-        D). This subpart deals in full with the
                     source protection. management of               requirements          of        subsections
                     coastal development, and simplifica-           305(b)(2)-Uses Subject to Manage-
                     tion of governmental processes.                ment. 305(b)(8)-Energy Facility Plan-
                       (1) Within these three broad cl              ning. and 306(e)(2)-Uses of Regional
                     states must include specific Policies          Benefit.
                     that provide the framework for the
                     exercise of various managernen tech-           � 923.11 Us" subject to numagement.
                     niques and authorities governing                 (a) Statutory Citation. Subsection
                     coastal resources. usm and areas-              305(b)(2):
                       al) As part of these three broad
                     classes of policies. the management              The management program for each coast-
                     program must include policies that ad.         &I state shall include ' * * A definition of
                     dress uses of or impacts on wetlands           'hat shall constitute permissible land uses
                     and floodplains within the State's             and water uses within the coastal zone
                                                                    which have a direct and significant impact
                     coastal zone. These particular Policies        on the coastal water.
                     shall minimize the destruction. loss or
                     degradation of wetlands and preserve             (b) Requirement& (1) States must
                     and enhance their natural values in            identify those land and water uses
                     accordance with the purposes of Presi-         that will be subject to the term of the
                     dential Executive Order 11990, per-            management program. These uses
                     taining to wetlands. These policies also       shall be those with direct and signifi-
                     shall reduce risks of flood loss. mini-        cant impacts on coastal watem
                     mize the impact of floods on human               (2) The management program must
                     safety. health and welfare. and Pre-           explain how those uses identified in
                     serve the natural. beneficial values           paragraph (b)(1) of this section will be
                     served by floodplains. in accordance           managed. The management program
                     with the purposes of Presidential Ex-          must contain those enforceable poli-
                     ecutive Order 11988. pertaining to             cies. legal authorities, performance
                     floodplains.     -                             standards or other techniques or pro-
                       (3) The policies in the program must         cedures that will govern whether and
                     be appropriate to the nature and               how uses will be &UowecL conditioned.
                     degree of management needed for                modified, encouraged or prohibited.
                     uses, areas. and resources identified as         (c) General comment& (1) In identi-
                     subject to the program.                        fying uses and their appropriate man-
                       (4) The policies. standards. obJec-          agement, States should analyze the
                     tives. criteria. and procedures by             quality, location. distribution and
                     which program decisions will be made           demand for the natural and man-made
                     must provide (i) a clear understanding         resources of their coastal zone.
                     of the content of the program espe-              (2) States also should consider po-
                     cially in identifying who will be affect-      tential individual and cumulative im-
                     ed by the program and how, and (H) a           pacts of uses on coastal waters includ-
                     clear     sense     of    direction      and   ing. but not limited to the following
                     predictability for decisionmakers who          UM&
                     must take actions pursuant to or con-            W Residential and commercial devel-
                     sistent with the management PrOgranL           opments such as subdivisions. highrise
                                                                    apartments or hotels, trailer parks and
                            Subpart 5--Usos Subject to              second-home developments, and shop-
                                    Management                      ping centers:
                                                                      (U) Industrial developments. such &a
                     � 923.10 General.                              tanir farms and reflnerim power
                       This   subpart deals with land and           plants. manufacturing complexes, in-
                     water   uses which. because of their           dustrial parks, onshore and offshore
                     direct and significant impacts on              port facilitim mineral and sand ex-
                     coastal waters, are subject to the             traction operations, Uquifted natural
                     terms of the man ement program                 gas (LNG) facilities. petrochemical
                     Determin ti n of these umm will assist         planta. and Outer Continental Shelf
                     in determining the appropriate coastal,        (OCS) development (OCS oil and gas
                     man ement bound&ry (see subpart                lease -sale activities do not involve de-

                                                                143

                      National Ocoanic and Atmosphoric Adm., Comm*rce                                       � 923.13
                        (3) Articulation and identification of            (iii) Identifying potential coastal im.
                      enforceable State policies, authorities           pacts; and
                      and techniques for managing energy                  Uv) Determining site suitability of
                      facWties and their impacts;                       alternative locations for particular fa-
                        (1) States must identify any condi-             cUlties.
                      tions that may be attached to State                 (2) In developing this planning proc.
                      energy facility. planning and siting              ess. States should address several
                      procedures;                                       common problems having to do with
                        an States must list relevant consti-            weak policy and planning linkages
                      tutional provisions. laws. regulations,           and. relatedly, fragmented and over-
                      judicial decisions and other appropri-            lapping jurisdiction&
                      ate official documents or actions that              (I) Often there is no comprehensive
                      are specifically related to planning for.         planning process. While one state
                      anticipating and managing energy fa.              agency may develop energy Plans or
                      cilities or impacts. including licensing          Policy regarding energy facilities.
                      or permitting procedures.                         other state or local agencies may have
                        (4) Identification of how interested            the responsibility for issuing rece3sory
                      and affected public and private parties           siting and operating permits. Often
                      will be involved In the planning proc-            these other agencies operate independ-
                      ess.                                              ently of and without regard to state
                        M States must identify the organiza-            energy or coastal management poli-
                      tion and structure and procedure                  cies.
                      means by which energy facility plan-                (ii) Relatedly. the responsibility for
                      ning and siting decisions are carried             permitting of facilities is diffuse.
                      out in the State.                                 Often several permits are required
                        (ii) States must address the respec-            from several different agencies at dif-
                      tive roles of relevant State agencies             ferent levels of government.
                      and their relationship to the lead                  Qll) Additionally, there frequently
                      agency and to the management pro.                 are differing permitting processes for
                      gram's requirements as well as the re-            different types of energy facilities
                      spective roles and opportunity for par-           (e.g.. oil and gas facilities as distinct
                      ticipation by Federal agencies, local             from electric power plants). This may
                      governments. other interested and af-             result in a lack of standardized proce-
                      fected public and private parties.
                        (iii) States must integrate into this           dures as well as inconsistent applica-
                      planning process the procedures by                tion of coastal management policies.
                      which the national interest in the                  (3) In order to address these prob-
                      planning for and siting of energy fa-             lems and to assure th    e full integration
                      cilities,   Identified      pursuant         to   of coastal management considerations
                      � 923.52(c) can continue to be consid-            with the energy facility planning proc-
                      ered after program approval.                      ess, States should consider the follow-
                        (c) General commentL (1) States are             ing-*
                      encouraged to develop the elements                  (I) Establishment of the designated
                      required in paragraph (b) in consult&.            State coastal man gement agency as
                      tion and cooperation with other State.            the lead agency in revewing: and
                      local and Federal agencies. General               m%Lking decWons related to siting and
                      consultation requirements for pro-                conditions of development for energy
                      gram development, of which this con-              facilities located in or significantly af-
                      sultation should be considered a part,            fecting the coastal zone;
                      are discussed more fully in J 923.51.               M In states where siting authority
                      Depending on the approach taken to                is vested in an agency other than the
                      energy facilities man ement. this                 coastal management agency. establish.
                      consultation and coordination should              ment of a formal means to assure -the
                      include, but need not be limited. to              input and consideration of the coastal
                      procedures for.                                   man ement agency's views an Part of
                        (I) Assessing need/dern-nd ProJec-              the decision-mairin process;
                      tiona:                                              (W) Establishment of a procedure
                        (U) Allocating these needs among                whereby the management program
                      coastal and InUnd locations;                      policies are incorporated Into location-

                                                                 144

                      � 923.20                                              15 CFR Ch. IX (1-1-93 Edition)
                      al or developmental decisions (e.g., li-        The management program for each coast-
                      censes, permits, zoning approvals).           al state shall include
                                                                     (a) an inventory and designation of areas
                        Subpart C  Special Management                 of particular concern within the coastal
                                                                    zone.
                                       Areas
                                                                     Subsection 305(b)(5):
                      � 923.20 General.                                  The management program for each coast-
                       (a) This subpart deals with areas             al state shall include
                      that are of particular concern because            (b) broad guidelines an priorities of uses
                      of their coastal-related values or char-      in particular areas including specifically
                      acteristics. or because they may face         those uses of lowest priority.
                      pressures which require detailed atten-           (b) Requirements. (1) Inventory and
                      tion beyond the general planning and          designate geographic areas that are of
                      regulatory system which is part of the        particular concern, on a generic (ie.,
                      management program. As a result,              by type of areas, such as all wetlands or
                      these areas require special manage-           port areas) or site-specific basis, or
                      ment attention within the terms of            both;
                      the State's overall coastal program.           (i) In developing criteria for inven-
                      This special mangement may include            torying and designating areas of par-
                      regulatory or permit requirements ap-         ticular concern. States shall consider
                      plicable only to the area of particular       whether the following represent areas
                      concern. It also may include increased        of concern requiring special manage-
                      intergovernmental coordination, tech-         ment:
                      nical assistance, enhanced public ex-         (A) Areas of unique, scarce, fragile
                      penditures, or additional public serv-        or vulnerable natural habitat; unique
                      ices and maintenance to a designated          or fragile, physical figuration (as, for
                      area. This subpart deals with the fol-        example. Niagara Falls); historical sig-
                      lowing subsections of the Act:                nificance, cultural value or scenic im-
                      305(b)(3)--Geographic Areas of Par-           portance (including resources on or de-
                      ticular Concern; 305(b)(5)--Guidelines        termined to be eligible for the Nation-
                      on Priorities of Uses; 305(b)(7)--Shore-      al Register of Historic Places.);
                      front Access and Protection Planning:          (B) Areas of high natural productivi-
                      305(b)(9)-Areas for Preservation and          ty or essential habitat for living re-
                      Restoration.                                  sources, including fish, wildlife, and
                       (b) The importance of designating            endangered species and the various
                      areas of particular concern for man-          trophic levels in the food web critical
                      agement purposes and the number and           to their well-being;
                      type of areas that should be designat-         (C) Areas of substantial recreational
                      ed is directly related to the degree of       value and/or opportunity.
                      comprehensive        controls   applied        (D) Areas where developments and
                      throughout a State's coastal zone.            facilities are dependent upon the utili-
                      Where a State's general coastal man-          zation of, or access to, coastal waters:
                      agement policies and authorities ad-           (E) Areas of unique hydrologic, geo-
                      dress state and national concerns com-        logic or topographic significance for
                      prehensively and are specific with re-        industrial or commercial development
                      spect to particular resources and uses,       or for dredge spoil disposal:
                      relatively less emphasis need be placed         (F) Areas or urban concentration
                      on designation of areas of particular         where shoreline utilization and water
                      concern. Where these policies are lim-       uses are highly Competitive;
                      ited and non-specific, greater emphasis         (G) Areas where, if development
                      should be placed on areas of particular       were permitted, it might be subject to
                      concern to assure effective manage-           significant hazard due to storms,
                      ment and an adequate degree of pro-           slides, floods, erosion, settlement, and
                      gram specificity.                             salt water intrion;
                      923.21 Areas of partucular concern.             (H) Areas needed to protect, main-
                                                                    tain or replenish coastal lands or re-
                        (a) Statutory Citations Subsection          sources including coastal flood plains,
                      305(b)(3):                                    aquifers and their recharge areas, es-

                                                             145

                        National Oceanic and Atmospheric Adm., Comm*rce                                       � M24
                        tuaries. sand dunes. coral and other             0 923.23 Other areas of particular con.
                        reefs, beaches, offshore sand deposits               cern.
                        and mangrove stands.                               (a) States must meet the require-
                        M Where states will involve local                ments of j 923.21(b) in order to receive
                        governmenta, other state agencies. f ed-         program apProval. Beyond this, States
                        eral agencies and/or the public in the           have the option of designating specific
                        process of designating areas of particu-         areas known to require additional or
                        lar concern. States must provide guide-          special management. but for which ad.
                        lines to those who Will be involved in           ditional man gement techniques have
                        the designation process. These guide-            not been developed or necessary au.
                        lines shall contain the purposes. crite-         thorities have not been established at
                        ria. and procedures for nominating               the time Of Program ILPProval. Where
                        areas of particular concern.                     States exercise this option, they must
                        (2) Identify areas by location (if site          meet the requirements of Paragraph
                        specific) or category of coastal re-             (b) of this sectiorL
                        sources (if generic) in sufficient detail          (b) Requiremena (1) The basis for
                        that affected landowners. governmen-             designation of these additional special
                        tal entities and the public can deter.           management areas must be clearly
                        mine with reasonable certainty if a              stated;
                        given area is or is not designated.                (2) A reasonable time frame and pro-
                        (3) Describe the nature of the con.              cedures mu t be established for devel-
                        cern and the basis on which designa-             oping and implementing appropriate
                        tions are made in order to: M Indicate           management techniques. These proce.
                        why areas or types of areas have been            dure3 must provide for the develop.
                        selected for special management atten.           ment of those items required in
                        tion, and M provide a basis for appro-             923.21(b); -
                        priate management policies and use                 (3) An agency (or agencies) capable
                        guidelines.                                      of formulating the necessary manage.
                        (4) Describe how the management                  ment policies and techniques must be
                        program addresses and resolves the               identified.
                        concerns for which areas axe designat-             (c) States must meet the require-
                        ed: and                                          ments of I 923.22(b) for having Proce-
                        .(5) Provide guidelines regarding Pri-           dures; for designating areas for preser-
                        orities of uses in these areas, inclUding        vation or restoration. Beyond this,
                        guidelines on uses of lowest prioritY.           States have the option of including
                                                                         procedures for designating areas of
                        923.22 Areas for preservation or restora-        particular concern for other than pres-
                          tion.                                          ervation or restoration purposes after
                        (a) Statutory Citation. Subsection               program approv&L*Where States exer-
                        306(c)(9):                                       cise this option. they must meet the
                                                                         requirements of paragraph (d) of this
                        Prior to  granting approval of a manage-         section.
                        ment program submitted by      coastal state.      (d) Requtrement& (1) The criteria by
                        the Secretary shall find that  * 0 The man.
                        agement program makes provisions for pro-        which designations of additional areas
                        cedures whereby speWic areas may be de*-         of particular concern will be made
                        iznated for the Purpoise of preserving or re-    must be included in the management
                        storing them for their conservation. recre-      Program; and
                        ationaL ecological or aesthetic values.            (2) The procedures by which such
                        (b) RequirementL (1) The criteria by             designations will be made must be in-
                        which desi-nations, will be made must            cluded in the mansk ement Program.
                        be included in the management pro-               0 923.24 Shorefront access asul protection
                        gram. Designations may be made for                   ptannin&
                        the purposes of preserving or restoring
                        areas for their conservation. recre-               (a) Statutory Citation. Subsection
                        ational. ecological, or aesthetic values.        305(bX7):
                        (2) The procedures by which desig-                 The mAnaamerit procram for each co*At-
                        nations wiU be made must be included             &I a h - I I Weludle . . . (a) a deftaition, of the
                        in the management program                        term"beach" and a pl-nin procem for the

                                                                 146

                       � 923.25                                                    15 CFK Ch. IX (1-1-93 Edition)
                       protection to. and access to. public beaches      ant to 1923.21 or as areas for preserva-
                       and other public coastal areas of environ-        tion or restoration pursuant to
                       mental. recreatonal. historical. esthetic. ec-      923.22.
                       ological or cultural value.                         (c) Requirements. (1) The manage-
                         (b) The basic purpose in focusing               ment program must include a method
                       special planning attention on shore-               for assessing the effects of shoreline
                       front          and protection is to pro-          erosion and evaluating techniques for
                       vide public beaches and other public              mitigating, controlling or restoring
                       coastal areas of environmental. recre-            areas adversely affected by erosion.
                       ational. historic. esthetic. ecological or          (2) There must be an identification
                       cultural value with special manage-               and description of enforceable policies
                       ment attention within the purview of              legal, authorities, funding techniques
                       the State's management program.                   and other techniques that will be used
                       This special management attention                 to manage the effects of erosion as the
                       may be achieved by designating public             States planning process indicates is
                       shorefront areas requiring additional             necessary.
                       access or protection as areas of par-
                       ticular concern pursuant to 923.21 or                     Subpart D-Boundaries
                       areas for preservation or restoration
                       pursuant to  923.22.                             923.30 General
                         (c) Requirements. (1) The manage-
                       ment program must contain a proce-                  (a) This subpart deals in full with
                       dure for assessing public beaches and             subsection 305(b)(1) of the Act-
                       other public areas. Including State               Boundaries of the Coastal Zone.
                       owned lands. tidelands and bottom                    (b) There are four elements to a
                       lands. which require access or protec.            State's boundary'. The Inland bounda.
                       tion. and a description of appropriate            ry. the seaward boundary. areas ex-
                       types of access and protection.                   cluded from the boundary, and. in
                         (2) There must be a definition of the           most cases, interstate boundaries. Spe.
                       term "beach" that is the broadest defi-           cific requirements with respect to pro-
                       nition allowable under state law or               cedures for determining and identify-
                       constitutional provisions. and an Iden-           ing these boundaries are discussed in
                       tification of public areas meeting that           the sections of this subpart that
                       definition.                                       follow.
                         (3) There must be an Identification               (c) Statutory Citations, Subsection
                       and description of enforceable Policies.          305(b)(1):
                       legal authorities. funding programs                 The management program for each coast-
                       and other techniques that will be used            al state shall include *** 1 (1) An identifica-
                       to provide such shorefront access and             tion of the boundaries of the coastal zone                  protection that the State's planning              subject to the management program
                       process indicates is necessary.                     Subsection 304(l):
                        923.25 Shoreline         erosion/mitigation       The term "coastal zone" means the coast-
                           planning.                                     al waters (including the lands therein and
                         (a) Statutory Citation. Section                 thereunder). and the adjacent shorelands
                       305(b)(9):                                        (including the waters therein and thereun-
                                                                         der). strongly influenced by each other in
                         The management program for each coast-          proximity to the shorelines of the several
                       al state shall include *** A plannin proc-      coastal states and includes islands, transi-
                       ess for (a)assessing the effects of shoreline      itional and intertidal areas. salt marshes,
                       erosion (however caused), and (B) studying        wetlands and beaches. The zone extends,in
                       and evaluating ways to control. or lessen the     Great Lake waters. to the international
                       impact of, such erosion. and to restore areas     boundary between the United States and
                       adversely affected by such erosion.             Canada and, in other areas seaward to the
                         (b) The basic purpose in developing             outer limit of the United States territorial
                                                                      sea. The zone extends inland from the
                       this planning process is to give special          shorelines, only to the extent necessary to
                       attention to erosion issue. This  spe-
                                                                         control shorelines, the uses of which have a
                       cial management attention may be                 direct and significant Impact on the coastal
                       achieved by designating erosion areas             waters. Excluded from     the coastal zone are
                       as areas of particular concern pursu-             lands the use of which is by law subject

                                                                    147

                        Nationai Octunic and Atmosphoric Adm., Commerco                                 � 923.32
                        solely to the discretion of or which is held ment area. States must be able to
                        in trust by the Pederal Government, its offi- advise interested parties whether they
                        cersor agents.                               are subject to the terms of the man-
                        Subsection 304(2):                           agement program within, at a maxi-
                        The term "coastal waters" means (A) in       mum. 30 days of receipt of an inquiry.
                        the Great Lakes area. the waters within the  An inland coastal zone boundary de.
                        territorial Jurisdiction of the United States fined in terms of 11011tical Jurisdiction
                        consisting of the Great Lakes. their con-    (eg.. county, township or municipal
                        necting waters. harbom roadsteads. estu-     lines) cultural features (e.g.. highways,
                        ary-type areas such as bays. shallows and    railroads). planning areas (e.g., region-
                        marshes, and (B) in other areas. those       al agency Jurisdictions, census enu-
                        waters adjacent to shorelines which contain  meration districts), or a uniform set-
                        a measurable quantity or percentage of sea-  back line is acceptable so long as it in-
                        water. including but not limited to. sounds.
                        bays, lagoons. bayous. ponds and estuarie&   cludes the areas Identified.
                                                                       M Beyond those areas required by
                        � 923.31 Inland boundariec                   paragraph (a) of this section above
                        (a) Requirements. The inland bound-          States have the option of including
                        ary of a State's coastal management          the following within the coastal zone
                        area must include:                           boundaries:
                        (1) Those areas the management of              (1) Watersheds-A State may deter-
                        which is necessary to control uses           mine some uses within entire water-
                        which have direct and significant im-        sheds have direct and significant
                        pacts on coastal waters, pursuant to         impact on coastal waters. In such cases
                        1923.11 of these regulations;                it may be appropriate to define the
                        (2) Those special management areas           coastal zone as Including these water-
                        identified pursuant to � 923.21:             sheds.
                        (3) Waters under saline Influence-             (2) Areas of tidal influence that
                        Waters containing a significant quan-        extend further inland than waters
                        tity of seawater. as defined by and uni-     under saline influence; particularly in
                        formly applied by the State;                 estuaxies, deltas and rivers where uses
                        (4) Salt marshes and wetlands-               inland could have direct and signifi-
                        Areas subject to regular inundation of       cant impacts on coastal waters.
                        tidal salt (or Great Lakes) waters             (3) Indian lands not held in trust by
                        which contain marsh flom typical of          the Federal Government.
                        the region.                                    (c) GenercU comments. Urban areas:
                        (5) Beaches-The area affected by             In mAny urban areas or where the
                        wave action directly from the sea. Ex-       shoreline has been modified extensive-
                        amples are sandy beaches and rocky           ly, natural system relationships be-
                        areas usually to the vegetation line.,       tween land and water may be extreme-
                        (6) Transitional and intertidal              ly difficult, if not. impossible, to define
                        areas-Areas subject to coastal storm         in terms of direct and significant im-
                        surge. and areas containing vegetation       pacta. Two activities that States
                        that is salt tolerant and survives be-       should consider as causing direct and
                        cause of conditions associated with          significant impacts on coastal waters
                        proximity to coastal waters. Tmnsi-          in urban areas am sewage discharges
                        tional and intertidal areas also include     and urban runoff. In addition. States
                        dunes and rocky shores to the point of       should consider dependency of uses on
                        upland vegetation:
                        (7) T-glands-Bodies of land surround-        water access and visual relationships
                        ed by water on all sides. Islands must       as factors appropriate for the determl-
                        be included in their entirety. except        nJLtion of the Inland boundary In
                        when uses of interior portions of is.        histaY urbanized areas.
                        lands do not cause direct and AgnW.
                        cant impacts.                                I 92L32 Seaward boundaries.
                        (8) The ln',Lnd bouncbu7 must be               (a) RequirementL (1) For States ad-
                        presented in a manner that Is clear          Joining the Great Lakes. the waward
                        and exact enough to permit determi-          boundary is the International bound&-
                        nation of whether property or an ac.         ry with Canada or the boundAxies with
                        tivity Is located within the mana e-         adjacwt States. For all other StAtes

                                                               148

    923.33                                                          15 CFR Ch. IX (1-1-93 Edition)

    participating in the program, the sea-        visions of section 307 of the Act when
    ward boundary is the outer limit of           Federal actions on these excluded
    the United States territorial sea.            lands have spillover impacts that sig-
    	(2)The requirement for defining the     nificantly affect coastal zone areas.
    seaward boundary of a State's coastal         uses or resourcews within the purview
    zone can be met by a simple restate-          of a State's management program.
    ment of the limits defined in this sec-       Therefore, States should consider
    tion, unless there are water areas            mapping the following types of ex-
    which require a more exact delinea-           cluded Federal lands:
    tion because of site specific policies as-    (i) Large-scale holdings (of 100 or
    sociated with these areas.                    more acres),especially those on which
    Where states have site specific poli-         Federal activities may have spillover
    cies for particular water areas, these        effects;
    shall be mapped,described or refer-           (ii)Lands near special managemnent
    enced so that their location can be de-        areas;and
    termined reasonably easily by any              (iii)Lands that may be declared sur-
    party affected by the policies.                 plus or excess in the near future, espe-
    (b) General comments. The seaward              cially those for which the State has
    limits, as defined in this section, are        reuse priorities or policies.
    for purposes of this program only and          (2)In excluding Federal lands from
    represent the area within which the            a State's coastal zone for the purposes
    State's management program may be              of this Act, a State does not impair
    authorized and finance. These limits           any rights or authoroitites that it may
    are irrespective of any other claims           have over Federal lands that exist sep-
    States may have by virtue of the Sub-          arate from this program.
    merged Lnads Act or any chages that
    may occur as a result of the Fisheries           923.34
    Conservation and Management Act of                Requirement. States must document
    1976.                                          that there has been consultation and
    923.33Excluded lands.                          coordinatin with adjoining coastal
     (a) Requirement. States must ex-              States regarding delineation of adja-
    clude form thier coastal management            cent inland and lateral seaward bound-
    zone those lands owned, leased, held in        aries.
    trust or whose use is otherwise by law
    subject solely to the discretion of the            Subpart E-Authorities and
    Federal Government, its officers or                   Organizations
    agents. To meet this requirement,
    States must describe, list or map lands      923.40  General
    or types of lands owned, leased, held          (a) The authorities and organiza-
    in trust or otherwise used solely be           tional structure on which a State will
    Federal agencies.                             rely to administer its management
    (b) Indian lands. Tribal participa-           program are the crucial underpinnings
    tion in coastal manangement efforts           for enforcing the polices which guide
    may be supported and encouraged               the management of the uses and areas
    through a State's program provided            identified according to the previous
    that:                                         subparts. There is a direct relationship
    (1) Tribal lands are not held in trust        between the adequancy of authorities
    by the Federal Government or other-           and the adequacy of the overall pro-
    wies excluded from the coastal zone;          gram.  The authorities need to be
    and                                           broad enough in both geographic
    (2) Such efforts are compatible with          scope and subject matter to ensure im-
    a State's coastal management polices          plementation of the State's enforcea-
    and are in furtherance of the national        ble polices. These enforceable polices
    polices of section 303 of the Act.            must be sufficiently comprehensive
    (c) General comments. (1) The exclu-          and specific to regulate land and water
    sion of Federal lands does not remove         uses, control development, and resolve
    Federal agencies from the obligation          conflicts among competing uses in
    of complying with the consistency pro-        order to assure wise use of the coastal

                                           149

    		National Oceanic and Atmospheric Adm., Commerce                                          923.41

    		zone. (Issues relatine to the adequate		923.41 Identification of authorities.
    		scope of the program are dealt with in
    		923.3.)                                           (a) Statutory Citations, Subsection
    		(b) The entity or entitles which will           305(b)(4):
    		exercise the program's authorities is a
    		matter of State determination.  They               The management program for each coast-
    		may be the States agency designated             al state shall include...(4) An idenifica-
    		pursuant to section 306(c)(5) of the		tion of the means by which the state pro-
    		Act, other State agencies, regional or          poses to exert control over the land uses
    		interstate bodies, and local govern-		and water uses referred to in paragraph (2),
                ments.  The major approval criterion is         including a listing of relevant constituional
    		a determination that such entity or 		provisions, laws,regualtions,and judicial de-
    		entitles are required to exercise their		cisions.
    		authorities in conformance with the
    		polcies of the management program.                Subsection 306(c)(7):
    		Accordingly, the essential requirement
    		is that the State demonstrate that			    Prior to granting approval of a manage-
    		there is a means of one or a combination		  ment program submitted by a coastal state.
    		the three control techniques specified		  the Secretary shall find that***(7) The
    		in the section 306(e)(1) of the Act. The re-	  state has the authorities necessary to imple-
    		quirements related to section 306(e)(2)		  ment the program, including the authority
    		are described in 923.42 through			  required under subsection (d) of this sec-
    		923.44 of this subchapter.		              tion.
    		 (c) In determining the adequacy of
    		the autorities and organization of a                Subsection 306(d):
    		State's program, the Assistant Admin-
    		istrator will review and evaluate au-    		  Prior to granting approval of the manage-
    		thorities and organizational arrange-             ment program, the Secretary shall find that
    		ments in light of the requirements of		  the state, acting through its chosen agency
    		this subpart and the finding of section		  or agencies, including local governmets,
    		302(g) of the Act, which provides:                areawide agencies designated under section
                                                                  204 of the Demonstration Cities and Metro-
    		   In light of competing demands and the          politan Development Act of 1966, regional
    		urgent need to protect and to give high pri-      agencies, or interstae agencies, has author-
    		ority to natural systems in the coastal zone,     ity for the management of the coastal zone,
    		present State and local institutional ar-         in accordance with the management pro-
    		rangements for planning and regulating		  gram. Such authority shall include power.
    		land and water uses in such areas are inad-       (1) To administer land and water use regu-
    		equate.                                           lations, control development in order to
                                                                  ensure compliance wiht the management
    		  (d) The authorities requirements of             program, and to resolve conflicts among
    		the Act dealt wiht in this subpart are            competing uses; and
    		those contained in subsection                     (2) To acquire fee simple and less than fee
    		305(b)(4)--Means of control;                       simple interests in lands, waters, and other
    		306(c)(7)--Authorities; 306(d)(1)--Con-  		   property through condemnation or other
    		trol Development and Resolve Con-                  means when necessary to achieve conform-
    		flicts; 306(d)(2)-Powers of acquisi-               ance with the management program.
    		tion; 306 (e)(1)-Technidques of Control;           (b) Requirements. In order to meet
    		and 307 (f)--Air and Water Quality                 the requirements of the preceding sub-
    		Control Requirements.  The organiza-		   sections of the Act, States must:
    		tional requirements of the Act dealt               (1) Identify relevant constituional
    		with in this subpart are those con-                provisions,statutes, regulations, case
    		tained in subsections 305(b)(6)--Orga-             law and such other legal instruments
    		nizational Structure; 306(c)(6)--Or-              (including executive orders and inter-
                ganization.                                        agency agreements) that will be used
    		                                                   to carry out the State's management
    										   program.
    										   (2) This identification will include
                                                                   the authorities pursuant to sections
                                                                   306(d) and 306(e) of the Act which re-
                                                                   quire a Stae have the ability to:
    							                     (1) Administer land and water use
                                                                   regulations in conformance with the
                                                                   polices of the management program:

                     � 923.42                                             It    IS CFR Ch. IX (1-1-93 Edition)
                       (ii) Control such development as is               (5) The State has the ability to
                     necessary to ensure Compliance with               assure local compliance with its pro-
                     the management program: and                       gram once approved.
                       (111) Resolve conflicts among compet-
                     ing uses:                                         More detailed and specific require-
                       Ov) Acquire appropriate interest in             ments for each of these general items
                     lands. waters or other property as nec-           are contained in paragraph (c) of this
                     essary to achieve management objec-               section. *
                     tives. Where acquisition will be a nec.             (c) RequirementL (1) The State must
                     essary technique for accomplishing                -have developed and have in effect -at
                     particular program policies and objec-            the time of program approval enforce.
                     tives. the management program must                able policies that meet the require.
                     indicate for what purpose acquisition             ments of � 923.3. These Policies must
                     will be used (Le., what policies or ob-           serve as the standards and criteria for
                     jectives will be accomplished): the               local program development or the
                     type of acquisition (e.g.. fee simple,            State must have separate standards
                     purchase of easements. condemna-                  and criteria. related to these enforcea-
                     tion); and what agency (or agencies) of           ble policies. that will guide local pro-
                     government have the authority for                 gram development.
                     the specified type of acquisition.                  (2) During the period while local
                                                                       programs are being developed, a State
                     � 923.42 State establishment of criteria          must have sufficient authority to
                         and standards for local implementa.           assure that land and water use deci-
                         tion-Technique A.                             sions subject to the managment pro.
                       (a) Statutory Citation. Subsection              gram will comply with the program's
                     306(e)(1)(A):                                     enforceable Policies.. The adequacy of
                                                                       these authorities wil be judged on the
                       Prior to granting approval. the Secretary       same basis as specified for direct State
                     shall also find that the program provides:        controls or case-by-case reviews.
                       (1) Por anyone or a combination of the            (3) A State must be able to ensure
                     following general techniques for control of
                     land and water uses within the coastal zone.      that coastal programs will be devel-
                       (A) State establishment of criteria and         oped pursuant to the State's standards
                     standards for local Implementation. subject       and criteria. or failing this, that the
                     to administrative review and enforcement of       management program can be imple-
                     compliance * 0 -9                                 mented directly by the State. This re-
                       (b) Control technique subsection                quirement can be met if a State can
                     306(e)(1)(A) of the Act aJaows for                exercis se any one of the following tech-
                     State establishment of criteria and               aiQues:
                     standards for local implementation,                 U) Direct State enforcement of its
                     subject to administrative review and              standards and criteria in which case a
                     enforcement of compliance. There are              State would need to meet the require-
                     5 principal requirements associated               ments of this section which address
                     with use of this control technique.               the direct State control technique;
                     They are that:                                      (U) Preparation of a local program
                       (1) The State have in place adequate            by a State agency which the local gov-
                     standards and criteria to guide local             ernment then would Implement To
                     program development;                              use this technique the State must
                       (2) During the period while local               have (A) statutory authority to pre-
                     programs are being developed. the                 pare and adopt a program for a local
                     State has sufficient authority to                 government, and (B) a mechanism by
                     assure compliance with the manage-                which the State can cause the local
                     ment program's enforceable policies;              government to enforce the State-cre-
                       (3) The Sta       can ensure that local         ated ProgranL VVhere the mechILMAM.
                     coastal programs will be developed                to assure local enforcement will be Ju-
                     pursuant to its standards and criterW             dicial relief. the program must include
                       (4) The State review and approve                the authority under which judicial
                     local coastal programs to asmire their            rellef can be sought;
                     conformance to State standards and                  (iU) State preparation and enforce-
                     criterW and                                       ment of a program on behalf of a local

                                                                151

                                                                      I
                    National Ocoanic and Atmosphoric Adm., Camm*rce                                � 923.43
                    government. Here the State must have             (1) Establish a monitoring system
                    the authority to (A) Prepare and               which defines what constitutes and de-
                    adopt a plan. regulations. and ordi-           tects patterns of non-compliance. In
                    nances for the local government and            the case of uses of regional benefit
                    (B) enforce such plans. regulations            and facilities in which there is a na-
                    and ordinances;                                tional interest, the monitoring system
                     (iv) State review of local government         muit be capable of detecting single in.
                    actions on a case-by-case basis or on          stances Of local actions affecting such
                    appeal. and prevention of actions in-          uses or facilities in a manner contrary
                    consistent with the standards and cri-         to the management program
                    teria. Under this technique. when a              (2) Be capable of assuring compli.
                    local government falls to adopt an ap-         ance when a p&ttem of deviation is de.
                    provable program. the State must               tected or when a facility involving
                    have the ability to review activities In       identified national interests or a use of
                    the coastal zone subJect to the MAn-           regional benefit is affected in a
                    agement program and the power to               manner contrary to the program,s
                    prohibit, modify or condition those ac-        policie& when State action is required
                    tivities based on the policies. standards      because of failure by a local govern.
                    and criteria of the management pro.            ment to enforce its program the State
                    gram: or                                       must be able to do one or a combina-'
                     M If a locality falls to adopt a man.         tion of the following.-
                    agement program. the State may uti.              W Directly enforce the entire local
                    lize a procedure whereby the responsi-         progra=
                    bility for preparing a program shifts            (it) Directly enforce that Portion of
                    to an intermediate level govemment@            the local program that is being en.
                    such as a county. If this intermediate         forced improperly. State intervention
                    level of government fails to produce a         would be necessary only in those local
                    program. then the State must have              governmen activities that are violat-
                    the ability to take one of the actions         ing the policies, standards or criteria.
                    described above. This alternative                (ifl) Seek Judicial relief against local
                    cannot be used where the intermediate          government for failure to properly en-
                    level of government lacks the legal au-        force;
                    thority to adopt and implement regu-             (ir) Review local government actions
                    lations necessary to implement State           on a case-by-case basis or on appeal
                    policies, standards and criteria.              and have the power to prevent those
                      (4) A State must have a procedure            actions inconsistent with the policies
                    whereby it reviews and certifies the           and standards.
                    local program's compliance with State            M Provide a procedure whereby the
                    standards and criteria. This procedure         responsibility for enforcing a program
                    mu t include provisions for.                   shifts to an intermediate level of gov-
                      W Opportunity for the public and             ernment. assuming statutory author-
                    governmental entities (including Fed-          Ity exists to enable the immediate of
                    eral agencies) to participate in the de-       government to &mime this responsibil-
                    velopment of local programs; and               ity.
                      M Opportunity for the public and
                    governmental entities (including Fed-          6 923.43 Direct State land and water use
                    eral agencies) to make their views                planning and regulation-Technique EL
                    known (through public hearings or
                    other means) to the State agency prior           (a) Statutory Citation, Subsection
                    to approval of local programs; and             30&eXlXB):
                      (W) Review by the State of the ade-            Prior to granting approval. the 8ecretary
                    quacy of local programs consideration          shall LIM find that the I)rogMM provideC
                    of facilities identified in a State's man-       (1) Flor any one or a combination of the
                    agement program in which there is a            following general techniques for control of
                    national interest                              land and water umes within the coastal
                      (A) A State must be able to assure           0 0 " Direct xt&W lamd and water use plan-
                    implementation and enforcement of a            aina regulation.
                    Ioca.l program once approvedL To ac-             (b) Control technique subsection
                    complish this a State muLsV                    306(eXIXB) of the Act allows for

                                                              152

                     � 923.44                                                 15 CFR Ch. IX (1-1-93 EdMen)

                     direct state control of land and water          their operating rules and regulations,
                     uses subject to the management pro-             then any proposed revisions to such
                     gram on the basis of direct State au-           rules and regulations which would en-
                     thority. This authority can take the            hance or facWtate implementation
                     form of:                                        need not be accomplished prior to pro-
                       (i) Comprehensive legislation: A              gram approval. Where State agencies
                     single piece of comprehensive legisla-          cannot enforce coastal policies without
                     tion specific to coastal management             first revising their rules and regula-
                     and the requirements of this Act.               tions. then these revisions must be
                       (2) Networking. The utilization of            made prior to approval of the State's
                     authorities which are compatible with           program by the Assistant Adminiftra.
                     and applied on the basis of coastal             tor.
                     management Policies developed pursu-
                     ant to 1923.3                                   1923.44 State review on a case-by-case
                       (c) Reauirements. In order to apply               basis of actions affecting land and
                     the networking concept, State must:                 water uses subject to the management
                       (1) Demonstrate that. taken togeth-               program.-Technique C.
                     er, existing authorities can and will be          (a) Statutory Citation; Subsection
                     used to implement the full range Of             306(eXlXC):
                     Policies and     Anagement techniques             Prior to granting approvaL the Secret4uT
                     identified as necessary for coastal             -shall find that the program provides:
                     management purposes; and                          (1) Por my one or a combination of the
                       (2) Bind each party which exercises           following general techniques for control of
                     statutory authority that is part of the         land and water u    within the coastal zone:
                     man ement program to conformance                  State adiministrative review for consisten-
                     with relevant enforceable policies and          cy with the management program of an de.
                     management techniques. Parties may              velopment plarm projects. or land and water
                     be bound to conformance through an              use regulations. including exceptions and
                     executive order. administrative direc-          variances thereta@ proposed by any 3tate or
                     tive or a memorandum of understand-             local authority or private developer. with
                     ing provided that:                              power to approve or disapprove after public
                       M The management program auth_                notice and an opportunity for hearinCL
                     orites provide grounds for taking                 (b) Under case-by-case review, States
                     action to ensure compliance of                  have the power to review individual
                     networked agencies with the program.            development plans. projects or land
                     It will be sufficient if any of the fol-        and water use regulations (including
                     lowing can act to ensure compliance:            variances and exceptions thereto) pro-
                     The State agency designated pursuant            posed by any State or local authority
                     to subsection 306(cX5) of the Act, the          or private developer which have been
                     State's Attorney Gener&L another                identifled In the management program
                     State agency. a local government, or a          as being subject to review for consist-
                     cittwn.                                         ency with the management program
                       M The executive order. administra-            This control technique requires the
                     tive directive or memorandum of un-             greatest degree of policy specificity be-
                     derstanding establishes conformance             cause compliance with the program
                     requirements of other State agency ac-          will not require my priou actions on
                     tivities or authorities to mans, ement          the part of anyone affected by the
                     program policies.                               program. Specificity also.is needed to
                       (3) A gubernatorial executive order           avoid challenges that decisions (made
                     will be in acceptable instrument to             pursuant to the management pro-
                     meet the requirements of paragraph              gram) are unfounded. arbitrary or ca-
                     (c)(2) of this section in those States          Pricious.
                     where networked. State agency heads               (c) Requirement& To use this control
                     are directly responsible to the Gover-          technique States musc
                     nor.                                              (1) Identify the plans. projects or
                       (4) Where networked State agencies            regulations subject to review. based on
                     can enforce the man ement program               their significance in terms of impacts
                     policies at the time of section 306 ap-         on coastal resources. potential for in-
                     ProvL1 without first having to revise           compatibility with the State's coastal

                                                                 153

                       National Oceanic and Atmospheric Adm., Commerce                                            � 923.45
                       management Program and having                         Act or by the Environmental Protec-
                       greater than local significance:                      tion Agency (EPA) pursuant to provi-
                         (2) Identify the State agency that                  sions of the CAA. and applies uniform-
                       will conduct this review;                             ly in all areas of the country. The
                         (3) Include the criteria by which                   second category of requirements is
                       identified plans, projects and regula-                based on the nature of air quality
                       tions will be approved or disapproved;                problems that exist or are forecast in
                         (4) Have the power to approve or dis-               coastal areas, in locations where emis-
                       approve identifed plans, projects or                  sion sources may affect air quality in
                       regulations that are inconsitent with                 coastal areas. and in other areas of a
                       the management program, or the                        State. The majority of the second cat-
                       power to seek court review thereof;                   egory of requirements will be included
                       and                                                   in the State Implementation Plans
                         (5) Provide public notice of reviews                (SIPs) required by the Clean Air Act.
                       and the opportunity for public hearing
                       prior to rendering a decision, on each                   TABLE--CLEAN AIR ACT REQUIREMENTS
                       case-by-case review.

                        923.45 Air and water pollution control
                          requirements.                                     Uniform, nationwide require-    Nonuniform, nationwide re-
                         (a) Statutory Citation, Subsection                   ments.                          quirements (SIPs)
                         307(f);                                            National ambient air quality    New source review.

                         Notwithstanding any other provision of
                                                                              standards.
                                                                            Motor vehicle emission          Emissions or air quality
                                                                              standards (except where         standards more stringent
                       this title, nothing in this title shall in any         States have been granted        than Federal standaerds.
                       way affect any requirement (1) established             a waver by EPA).
                       by the Federal Water Pollution Act as                New source performance          Prevention of significant de-                                                                                                                                                                                   or (2) established by the Federal Govern-              Standards                       tertoration.
                       ment or any state or local government pur-           National emissions standards    Attainment and maintanence
                       suant to such Acts. Such requirements shall            for hazardous air polluants.    of national ambiemt air
                                                                                                              quality standards.  Other at-
                       be incorporated in any program developed                                               tainment or maintenance
                       pursuant to this title and shall be the water                                          measures such as trans-
                       pollution control and air pollution control							    portation control measures.                   requirements applicable to such program.
                         (b) General Comments. (1) Incorpo-                    (3) Water quality standards am es-
                       ration of the air and water quality re-              tablished by EPA promulgation or ap-
                       quirements pursuant to the Clean                     proval of State standards, taking into
                       Water Act, as amended (CWA) and                      consideration public water supplies,
                       Clean Air Act (CAA), as amended,                     Protection and propagation of fish,
                       should involve their consideration                   shellfish and wildlife, recreation, agri-
                       during program development, especial-                 culture, industry and navigation, EPA
                       ly with respect to use determinations                 itself develops standards on effluent
                       and designation of areas for special                  limitations, new source preformance
                       management. In addition, this incor-                  standards, pre-treatment standards
                       poration will prove to be more mean-                  and toxic pollutant discharge stand-
                       ingful if close coordination and work-                ards.
                       ing relationships between the State                     (c) Requirements. (1) States must in-
                       agency and the air and water quality                  corporate into their program, by refer-
                       agencies are developed and maintained                 ence or otherwise, requirements estab-
                       throughout the program development                    lished pursuant to the Clean Water
                       process and after program approval.                   Act (CWA), as amended, and the
                          (2) Following is a table of the most               Clean Air Act (CAA) as amended.
                       Important Clean Air Act requirements.                   (2) It more stringent standards are
                       These requirements are categorized as                 developed: by a State or locality pursu-
                       either uniform, nationwide require-                   ant to the CWA or CAA, and where
                       ments or non-uniform requirements                     such standards can be enforced under
                       applicable to a specific State or local               State authorities, they must be incor-
                       area. The first cateogry of require-                  porated, by reference or otherwise,
                       ments is established in the Clean Air                 into the State's managemen program

                                                                          54

                      � 923.46                                                  15 CFR Ch. IX (1-1-93 Edifion)

                      1923.46 Organizational structure.                  (2) This entity must have the fiscal
                        (a) Statutory Citation. Subsection             and legal capability to accept and ad-
                      305(b)(6):                                       minister grant funds, to make con-
                        The management program for each coast-         tracts or other arrangements (such as
                                                                       Passthrough grants) with participating
                      &I state shall Include      A description of     agencies for the purpose of carrying
                      the o              structure proposed to im-     out specific        agement tasks and to
                      plement such management Program Lnclud-          account for the expenditure of the lin-
                      ing the responsibilities and interrelation-
                      ships of local. areawide. state regional and     Plementation funds of my recipient of
                      interstate agencies In the management proc-      such monies. and
                      em                                                 (3) This entity must have the admin-
                        Subsection 306(cX6):                           istmtive capability to monitor and
                                                                       evaluate the management of the
                        Prior to grant approval of management          State's coastal resources by the vari-
                      progTUM submitted by a coastal state, the        ous agencies and/or local governments
                      Secretary shall find that 4 0 0 the State is     with specified responsibilities under
                      organized to implement the management            the     anagement program (irrespec.
                      program required under paragraph (1) of          tive of whether such entities receive
                      this subsection.                                 section 306 funds); to make Periodic
                        (b) The main purpose of this re-               reports to OC2W, the Governor. or
                      quirement is to provide a clear under-           the State legislature, as appropriate,
                      standing of the entities that have re-           regarding the performance of all agen-
                      sponsibility for administering various           cies involved in the program The
                      aspects of the management program                entity must be capable of presenting
                      and the interrelationship of these en-           evidence of adherence to the manage-
                      tities.                                          ment program or Justification for devi-
                        (c) Requirement& (1) States must de-           ation as part of the review of State
                      scribe the organizational structure              performance required by section 312
                      that will be used to implement and ad-           of the Act.
                      minister the management program in-                (c) General comment.L (1) The 306
                      cluding a discussion of those State and          agency designated is designed to estab.
                      other agencies, including local govern.          lish a single point of accountability for
                      ments, that will have responsibility for         prudent use of administrative funds in
                      administering. enforcing and/or moni.            the furtherance of the madagement
                      toring those authorities or techniques           and for monitoring of management ac-
                      required pursuant to the following               tivities. l3esignation does not imply
                      subsections of the Act: 306(c) (B);.             that this single agency need be a
                      306(c)(7): 306(d) (1) and (2): 306(e) (1)        d4super agency" or the principal imple-
                      and (2) and 307(f)                               mentation vehicle. -It is however, the
                        (2) States must describe the relation-         focal point for proper ariminl1tration
                      ship of these administering agencies to          and evaluation of the State's program
                      the State agency designated pursuant             and the ent4ty to which OCZM will
                      to subsection 306(cX5) of the Act.               look when monitoring and reevaluat-
                                                                       ing a State's program during program
                      � 923.47 Designated State agency.                implementation.
                        (a) Statutory Citation. Subsection               (2) The requirements for the single
                      306(cX5):                                        designated agency contained herein
                        Prior to granting approval of a manage-        need not be viewed as confining or
                      ment program submitted by a coastal state.       otherwise'limiting the role and respon-
                      the Secretary &hall find that ... The            gibilities which may be assigned to this
                      Governor of the state has designated a           agency. It In up to the State to decide
                      single agency to receive and administer the      in what numner and to wh" extent
                      grants for Implementing the management           the design ted State agency will be in-
                      program required under paragraph (1) of          volved in actual prograln implement&-
                      this section.                                    tion or enforcement. In determining
                        (b) RequirementL-Q) The Governor               the extent to which this agency
                      must designate a single State enUty to           should be Involved In program imple-
                      receive and administer section 306               mentation. or enforcement. specific
                      granta.                                          factors should be conAidered. such

                                                                    155

                     National Oceanic and Atmospheric Adm., Commerce                                         � 923.50

                     the manner in which local and region-              al zone for this and succeeding generations.
                     al authorities are involved in program             (b) to encourage and assist the states to ex-
                     implementation, the administrative                 ercise effectively their responsibilities in the
                     structure of the State, the authorities            coastal zone through the development and
                     to be relied upon and the agencies ad-             implementation of management programs
                     ministering such authorities. Because              to achieve wise use of the land and water re-
                     the designated State agency may be                 sources of the coastal zone giving full con-
                     viewed as the best vehicle for increas-            sideration to ecological, cultural, historic,
                                                                        and esthetic values as well as to needs for
                     ing the unity and efficiency of a man-             economic development,(c) for all Federal
                     agement program, the State may want                agencies engaged in programs affecting the
                     to consider the following in arriving at          coastal zone to cooperate and participate
                     a designation:                                     with state and local governments and re-
                       (i) Whether the designated State                 gional agencies In effectuating the purposes
                     entity has a legislative mandate to co-           of this title, and (d) to encourage the par-
                                                                        ticipation of the public, of Federal state
                     ordinate other State or local pro-                 and local governments and of regional agen-
                     grams, plans and/or policies within                cies in the development of coastal zone man-
                     the coastal zone;                                  agement programs. With respect to imple-
                       (ii) To what extent linkages already             mentation of such management programs. it
                     exist between the entity, other agen-              is the national policy to encourage coopera-
                     cies, and local governments;                       tion among the various state and regional
                       (iii) To what extent management or               agencies including establishment of inter-
                     regulatory authorities affecting the               state and regional agreements, cooperative
                     coastal zone presently are adminis-                procedures, and joint, action particularly re-
                     tered by the agency: and                           garding environmental problems.
                       (iv) Whether the agency is equipped                (b) Coordination with governmental
                     to handle monitoring, evaluation and               agencies having interests and responsi-
                     enforcement responsibilities.                      bilities affecting the coastal zone, and
                                                                        involvement Of interest groups as well
                     � 923.48 Documentation.                            as the general public is essential to the
                       (a) Requirement. Documentation in                development and administration of
                     the form of a transmittal letter signed            State coastal management programs.
                     by the Governor, accompanying the                  The coordination requirements of this
                     management program submittal. is re-               subpart are intended to achieve a
                     quired to the effect that the Gover-               proper balancing of diverse interests
                     nor                                                in the coastal zone. The policies of sec-
                       (1) Has reviewed and approved as                 tion 303 of the Act require that there
                     State policy, the management pro-                  be a balancing of varying. sometimes
                     gram, and any changes thereto, sub-                conflicting interests. including:
                     mitted for the approval of the Assist-               (1) The preservation, protection, de-
                     ant Administrator.                                 velopment and, where possible, the
                       (2) Has designated a single State                restoration or enhancement of coastal
                     agency to receive and administer im-               resources.
                     plementation grants:                                 (2) The achievement of wise use of
                       (3) Attests to the fact that the State           coastal land and water resources with
                     has the authorities necessary to imple.            full consideration for ecological, cul-
                     ment the management program; and                   tural, historic, and esthetic values and
                       (4) Attests to the fact that the State           needs for economic development; and
                     is organized to implement the manage-                (3) The involvement of the public, of
                     ment program.                                      Federal, State and local governments
                                                                        and of regional agencies in the devel-
                        Subpart F--Coordination, Public                  opment and implementation of coastal
                       Involvement and National Interest                management programs.
                       923.50 General.                                    (c) In order to be meaningful, coordi-
                                                                         nation with and participation by vari-
                       (a) Statutory Citation. Section 303:              ous units and levels of government in-
                       The Cogress finds and declares that it is         cluding regional commissions, interest
                     the national policy (a) to preserve, protect,      groups, and the general public should
                     develop, and, where possible, to restore or        begin early in the process of program
                     enhance the resources of the Nation's coast-       development and should continue

                                                                    156

                     � 9=51                                                     15 CFR Ch. IX (1-1-93 Edition)
                     throughout on a timely basis to assure           those of subsections 307 (c) and (d) es-
                     that such efforts will result in sub-            tablish reciprocal State-Federal rela.
                     stantive inputs into a State's manage-           tionships. In exchange for providing
                     ment Program. State efforts should be            relevant Federal agencies with the op-
                     devoted not only to obtaining informa-           portunity for full participation during
                     tion necessary for developing the man-           program development and for ade-
                     agement program but also to obtaining            quately considering the views of such
                     reactions and recomrn ridations re-              agencies. States can effectuate the
                     garding the content of the manage-               Federal consistency provisions of sub.
                     ment program and to responding to                sections 307 (c) and (d) of the Act once
                     concerns by interested parties. The re-          their programs are approved. (See 15
                     quirements for intergovernmental co-             CPR part 930 for a full discussion of
                     operation and public participation               the Federal consistency provisions of
                     continue after program approval.                 the Act.)
                       (d) This subpart deals with require-             W In addition to the consideration
                     ments for coord1nation with govern-              of relevant Federal agency views re-
                     mental entities. Interest groups and             quired during program development,
                     the general public to assure that their          Federal agencies have the opportunity
                     interests are fully expressed and con-           to provide further comment during
                     sidered during the program develop-              the program review and approval proc-
                     ment process and that procedures are             ess. (See subpart H for details on this
                     created to insure continued consider-            process.) Moreover. in the event of a
                     ation of their views during program              serious disagreement between a rele-
                     implementation. In addition. this sub-           vant Federal agency and designated
                     put deals with mediation Procedures              State agency during program develop-
                     for serious disagreements between                ment or during program implement&-
                     States and Federal agencies that occur           tion. the mediation provisions of sub-
                     during program development and im-               section 307(h) of the Act are avallable.
                     plementation. This subpart addresses             (See 1923.54 for details on mediation.)
                     the requirements of the following sub-             (d) RequirementL In order to ad-
                     sections of the Act: 306(c)(D--Oppor,            dress that portion of subsection
                     tunity      for     Full      Participation:     306(c)(1) of the Act that deals with
                     306(c)(2)(A)-Plan             Coordination;      Federal agency. participation. each
                     306(c)(2)(B)--Continued State-Lacal              State must:
                     Consultation: 306(c)(3)-PubUc Hear-                (1) Contact each relevant Federal
                     ing3; 306(c)(W-Consideration of the              Agency listed in I 923.2(d) and such
                     National Interest in Facilities; 307(b)--        other Federal agencies as may be rele-
                     Federal Consultation: and 307(h)-Me-             vant@ owing to a State's particular cir-
                     diation.                                         cumstances, early in the development
                     � 923.51 Federal-State consultatiom              of Its management program. The Pur-
                       (a) statutory citations, Subsection            pose of such contact Is to develop
                     306(c)(1):                                       mutual arrangements or Understand-
                                                                      ings regarding that &gencra participa-
                       Prior to granting approval of a manage-        tion during program development;
                     ment program submitted by a coastal state.         (2) Provide for Federal agency Input
                     the Secretary shall find that The Sta has        on a timely basis as the Program is de"
                     developed and adopted a management pro-          veloped. Such input shall be related
                     gram for its coastal zone * * * with the op*     both to information required to devel.
                     portunity for full participation by relevant
                     Federal agencies.                                op the management program and to
                                                                      evaluation of and recommendations
                       Subsection 307(b):                             concerning various elements of the
                       The Secretary shall not approve the man-       M"nagelneut PrOgrs=
                     agement program submitted by a Stale pru-          (3) solicit statements from the head
                     Silent to Section 306 unless the views of Ped-   of Federal agencies Identified irr Table
                     erLl agencies principally affected by such       1 of I 923.52(cX D an to their interPr46-
                     program have been adequately considered.         tation of the national Interest in the
                       (b) The requirements of subsections            Plannin for and atting of facilities
                     306(cXD and 307(b) of the Act and                which are more than local in nature;

                                                                   157

                      National Oceanic and Atmospheric Adm., Commerce                                  � 923.53

                      (4) Summarize the nature, frequent-             given such considerations to any applicable
                      cy: and timing of contacts with rele-          interstate energy plan or program.
                      vant Federal agencies;                           (b) The Primary Purpose of this re-
                      (5) Evaluate Federal comments re-              quirement is to assure adequate con-
                      ceived during the program develop-             sideration by States of the national in-
                      ment process and, where appropriate            terest involved In the planning for and
                      lit the opinion of the State, accommo-         siting of facilities (which are necessary
                      date the substance of pertinent com-           to meet other than local require-
                      ments in the management program.               ments) during (1) the development of
                      States must consider and evaluate rel-         the State's management program. (2)
                      evant Federal agency views or com-             the review and approval of the pro-
                      ments about the following:                     gram by the Assistant Administrator,
                      (i) Management of coastal resources            and (3) the implementation of the pro-
                      for preservation, conservation, devel-         gram as such facilities are proposed.
                      opment, enhancement or restoration               (c) Requirements. States must:
                      purposes;                                        (1) Describe the national interest in
                      (ii) Statements of the national, Inter-           the Planning for and siting of facilities
                      est in the planning for or siting of fa-       considered during program develop-
                      cilities, which are more than local In         ment.
                      nature;
                      (iii) Uses which are subJect to the                  (2) Indicate the sources relied upon
                      management program;                             for a description of the national inter.
                      (iv) Areas which are of particular             est in the planning for and siting of
                      concern to the management Program;              the facilities.
                      (v) Boundary determinations;                       (3) Indicate how and where the con-
                      (vi) Shorefront access and protecting            sideration of the national Interest is
                      planning, energy facility planning and          reflected in the substance of the man-
                      erosion planning processes; and                 agement program. In the case of
                      (vii) Federally developed or assisted           energy facilities in which there is a na-
                      Plans that must be coordinated with            tional interest, the program must indi-
                      the management program pursuant to             cate the consideration given my Inter-
                      subsection 306(c)(2)(A) of the Act.             state energy plans or Programs, devel-
                      (6) Indicate the nature of major               oped pursuant to section 309 of the
                      comments by Federal agencies provid-           Act, which are applicable to or affect a
                      ed during program development                  State's coastal zone.
                      (either by including copies of com-              (4) Describe the process for contin-
                      ments or by summarizing comments)              ued consideration of the national in-
                      and discuss any major differences or           terest in the planning for and siting of
                      conflicts between the management                 facilities during program implementa-
                      program and Federal views that have            tion, including a clear and detailed de-
                      not been resolved at the time of Pro-          scription of the administrative proce-
                      gram submission.                               dures and decisions points where such
                                                                     interest will be considered.
                      923.52 Consideration of the national In-
                        terest in facilities.                        � 923.53 Federal consistency procedures.
                      (a) Statutory Citation, Subsection               (a) Requirements. States shall in-
                      306(c)(8):                                     clude in their management program
                      Prior to granting approval of a manage-        submission, as part of the body of the
                      ment program submitted by a coastal state      submission an appendix or an attach-
                      the Secretary shall find that *** The man-    ment, the procedures they will use to
                      agement program provides for adequate           implement the Federal consistency re-
                      consideration of the national interest in-    quirements of subsections 307 (c) and
                      volved in planning for, and In the sitting of,      (d) of the Act, At a minimum, the fol-
                      facilities (including energy facilities In, or  lowing shall be included:
                      which significantly affect, such states's         (1) An indication of whether the
                      coastal zone) which are necessary to meet      state agency designated pursuant to
                      requirements which are other than local in     subsection 306(c)(5) of the Act or a
                      nature. In the case of such energy facilitie,  single other state agency will handle
                      the Secretary shall find that the state has

                                                               158

                     � 923-S4                                                 15 CFR Ch. IX (1-1-93 Edition)
                     consistency review (see 15 CPR                  implementation of a management pro-
                     930.18);                                        gram. In certain cases. mediation by
                       (2) A list of Federal license and             the Secretary or his/her designee,
                     permit activities that will be subject to       with the assistance of the Executive
                     review (see 15 CPR 930.53):                     Office of the President, may be an ap.
                       (3) For States anticipating coastal           propriate forum for conflict resolu-
                     zone effects from Outer Continental             tion. This section describes the condi-
                     Shelf (OCS) activities, the license and         tions of and processes for mediation of
                     permit list also must include OCS               serious disagreements that may arise
                     plans which describe in detail Federal          during program development or imple-
                     license and permit activities (see 15           mentation.
                     CPR 930.74): and                                  (c) State-Federal differences should
                       (4) The public notice Procedures to           be addressed initially by the parties in-
                     be used for certifications submitted            volved. Whenever a serious dis-4gree-
                     for Federal License and permit activi-          ment cannot be resolved between the
                     ties and. where appropriate. for OCS            parties concerned. either party may
                     plans (see 15 CPR 930-61 through                request the informal assistance of the
                     930-62 and 930.78).                             Assistant             trator in resolving
                       (b) Beyond the minimum requiM-                the disagreement. This request shall
                     ments contained in paragraph (a) of             be in writing. stating the points of fts@
                     this section. States have the option of         agreement and the reason therefor. A
                     including the following in their man-           copy of the request shall be sent to
                     agement programs:                               the other party to the disagreemenL
                       (1) A list of Federal activities, Includ-       (d) If a serious disagreement per-
                     ing development projects, which in the          sists, the Secretary or other head of a
                     opinion of the State agency are likely          relevant Federal agency, or the Gover.
                     to significantly affect the coastal zone        nor or the head of the State agency
                     and thereby will require a Federal              designated by the Governor as admin-
                     agency consistency determination (see           istratively responsible for program de-
                     15 CPR 930.35); and                             velopment (if a state still is receiving
                       (2) A description of the types of in.         section 305 program development or
                     formation and data necessary to __-              reliminary approval grants) or for
                     the consistency of Federal license and          program implementation (if a Btate is
                     permit activities and. where appropri-          receiving section 306 program imple-
                     ate. those described in detail in OCS           mentation grants) may notify the sec-
                     plans (see 15 CPR 930.56 and 930.75).           retaxy in writing of the existence of a
                     � 923.54 Mediation.                             serious disagreement. and may request
                                                                     that the Secretary seek to mediate the
                       (a) Statutory Citation. Subsection            serious disagreement. A copy of the
                     307(h):                                         written request must be sent to the
                       In the case of serious dim@ent be-            ageny with which the requesting
                     tween any Flederal agency and a coastal         agency disagrees and to the Assistant
                     State:                                                       tor.
                       (1) in the development or the initial im-       (e) Within 15 days following receipt
                     plementation of a management program            of a request for mediation. the dis-
                     under section 305; or                           agreeing agency shall transmit a writ,
                       (3) in the administration of a -n- ement      ten response to the Secretary, the
                     program approved under section 306; the         agency requesting mediation and to
                     Secretary, with the cooperation of the Exec-
                     utive Office of the President. shall seek to    the Assistant Administrator indicating
                     mediate the differences Involved In such dis-   whether it wishes to participate in the
                     agreement. The process of such mediation        mediation proces& If the disagreeing
                     zhAlL with respect to any       Igo !ment de-   agency declines the offer to enter into
                     -scribed in paragraph (3). Include public       mediation efforts, the basis for refusal
                     hearings which shall be conducted In the        must be Indicated. Upon receipt of a
                     local area concerned-                           refusal to participate in mediation ef-;
                       (b) The Act provides for the media-           forts. the SecretiLry othall seek to re-
                     tion of "serious disagreements" be-             solve the basis for refusal and per-
                     tween any Federal agency and a coast-           suade the ciisagreeing agency to recon-
                     al State during the development and             sider its decision and enter into media-

                                                               159

                     National Oc*anic and Atmosphoric Adm., Comm*rco                              � 923-S4
                     tion efforts. The Secretary will not        be excluded at the discretion of the
                     provide mediation assistance unless all     hearing officer. In the event of such
                     parties to the serious disagreement         exclusion. the party may provide the
                     agree to participate.                       hearing officer with a written submis.
                      (f) In the case of a serious disagree-     sion of the proposed oral presentgtion.
                     ment that occurs during Program de-         Hearings will be recorded and the
                     velopment, if all parties agree to medi-    hearing officer shall provide tran.
                     ation. the Secretary shall schedule a       scripta and copies of written Informa.
                     mediation conference to be attended         tion offered at the hearing to the Fed.
                     by representatives from the Office of       eral and State agency Parties. The
                     the Secretary. and the disagreeing          public may inspect and copy the tr&n-
                     Federal and State agencies. The Secre-      scripts and written information pro.
                     tary shall provide the parties at least     vided to these agencies. Following the
                     lo days notice of the time and place        close of the hearing. the hearing offi-
                     set for the mediation conference.           cer shall transmit the hearing record
                     Notice also shall be Placed in the F4M@-    to the Secretary. Upon receipt of the
                     =AL RzrisT= to allow other parties
                     an opportunity to make known to the         hearing record. the Secretary shall
                     Secretary In writing their interest in      schedule a mediation conference to be
                     the disagreement.                           attended by representatives from the
                      (g) If the mediation efforts do not        Office of the Secretary, the disagree.
                     resolve the dUagreement. the Assist-        Ing. Federal and State agencies, and
                     ant Administrator shall determine           other interested parties whose partici.
                     whether inclusion in the management         pation is deemed necessary by the Sec-
                     program of the State agency's position      retary. The Secretary shall provide
                     in the disgreement affects the Assist-      the parties at least 10 days notice of
                     ant Administratoes ability to approve       the time and Place set for the media-
                     the State's management Program The          tion conference.
                     Assistant Administrator sball commu-          (1) Secretarial mediation efforts
                     nicate his/her determination in writ-       shall last only so long as the parties
                     ing. with the reason(s) therefor, the       agree to participate. The Secretary
                     parties to the disagreement.                shall confer with the Executive Office
                     . (h) In the case of a serious disagree-    of the President. as necessary, during
                     ment that occurs during Program izn-        the mediation process.
                     plementation. if the parties agree to         (j) Mediation shall terrainate: (1) At
                     the mediation process, the Secretary        say time the parties agree to a resolu-
                     shall appoint a hearing officer who         tion of the serious disagreement. (2) if
                     shall schedule a hearing in the local       one of the parties withdraws from me-
                     area concerned. The hearing officer         diation. (3) In the event thd parties
                     shall give the parties at least 30 days
                     notice of the time and place set'for the    fail to resch a resolution of the serious
                     hearing. Notice of the hearing also         disagreement within 15 days following
                     shall be placed in the IP=zRAL Rzcvi@-      _1143,ecretarial. mediation efforts, and the
                     Tm At the time public notice is pm          parties do not agree to extend media-
                     videcL the Federal and State agencies       tion beyond that period. or (4) for
                     shall provide the public convenient         other good cause.
                     access to public data and information         (k) The availability of the mediation
                     related to the serious disagreement.        services provided in this section Is not
                     Hearing shall be Informal and shall be      intended expressly or implicitly th
                     conducted by the hearing officerwith        limit the parties* use of alternate
                     the objective of securing. in a timely      forums to resolve disputes. Specifical-
                     fashion. information related to the         ly. judicial review    where otherwise
                     disagreement. The Federal and'State         available by law ma be sought by any
                     agencies, as well as other Interested       party to a serious disagreement with-
                     parties, may offer information at the       out first havine exhausted the media-
                     hearing subject to the hearing offi-        tion process provided herein.
                     cer's supervision as to the extent and
                     manner of presentation. Unduly long
        0            or repetitious orld vresent&tlOns may

                                                            160

                      � 923-55                                                    15 CFR Ch. IX (1-1-93 EdMon)
                      9923M Full participation by State and             applicable to areas within the coastal zone
                          local governments. interested parties.        existing on January I of the year in which
                          and the general public.                       the state's management Program in submit-
                                                                        ted to the Secretary. which plam have been
                         (a) Statutory Citation, Subsection             developed by a local government. and
                      306(cXD:                                          areswide agency designated pursuant to reg-
                         Prior to granting approval of a manage-        ulatlons established under section 204 of the
                      ment program submitted by & coastal s"te.         Demonstration Cities and Metropolitan De.
                      the Secretary shall find that: the state has      veloPment Act of IM. a regional agency. or
                      developed and adopted a management pro-           an Inter3taU agency 0 0 a
                      gram for its coastal zone 0 10 0 with the op-       (b) Requirement& States must insure
                      portunity of full Participation by 0 0 0 state    that the contents of their manage-
                      Agencies. local governments. regional orga.
                      nizations. part authorities. and other inter-     ment program have been coordinated
                      ested parties, public and private " 0 0           with locaL areawide and interstate
                         (b) RequirementL In addition to con-           plans applicable to areas within the
                      sultation with Federal agencies. 'sub-            coastal zone existing on January 1 of
                      section 306(CXI) of the Act requires              the year in which the State's mana e-
                      that the opportunity for full ParticiPa-          ment Program Is submitted to the As-
                      tion in program development be pro-               sistsint Administrator for approvaL To
                      vided State agencies, local govern-               document this coordination. the man-
                      ments, regional commissions and or9jL_            agement program must
                      nizations, port authorities, and other              (1) Identify local governm
                      interested public or private parties. To          areawide agencies designated pursuant
                      meet this requirement with respect to             to regulations established under sec-
                      governmental entities (other than                 tion 204 of the Demonstration Cities
                      Federal) and other public or private              and Metropol.1tan Development Act of
                      parties States must:                              1966, and regional or interstate agen-
                         (1) Develops and make available gen-           cies which have plans affecting the
                      eral information regarding the pro-               coastal zone in effect on January 1 of
                      gram design. its content and its status           the year in which the management
                      throughout program development;                   program is submitted;
                         (2) Provide a listing. as comprehen-             (2) Ust or provide a summary of con-
                      sive as possible. of all governmental             tacts with these entities for the pur-
                      agencies. regional organizations, port            pose of coordin ting the mana ement
                      authorities and public and private or-            program with plans adopted by a gov-
                      ganizations likely to be affected by or           ernmental entity as of January 1 of
                      to have a direct interest in the devel.           the year in which the man ement
                      opment and implementation of the                  program is submitted. At a minimum.
                      management program;                               the following plans. affecting a State
                         (3) Indicate the nature of major               coastal zone, shall be reviewed: land
                      comments received from interested or              use plans prepared purstlant to section
                      affected Parties, identified in Para-             701 of the Hou-sin and Urban Devel-
                      graph (b)(2) of this section. and the             opment Act of I.M. as amended; State
                      nature of the State's response to these           and areawide waste treatment facility
                      comments; and                                     or mana ement plans prepared pursu-
                         (4) Hold public meeting= workshops,            ant to sections 201 and 208 of the
                      etc.. during the course of program de.            Clean Water Act., as amended; plans
                      velopment at accessible locations and             and designations made pursuant to
                      convenient times, with reasonable                 the Flood Insurance Act of 1974; any
                      notice and availability of materials              appUcable interstate energy plaw or
                                                                        programs developed pursuant to sec-
                      � 923.S6 Plan coordination.                       tion 309 of the Act; regional and inter-
                         (a) Statutory Citation. Subsection             state highway pla= Plans developed
                      306(c)(2)(A):                                     by Regional Action Planning Commis-
                         Prior to granting approval to a manage-        sion; and fishery management plans
                      ment program submitted by a coastal state.        developed pursuant to the Fisheries
                      the Secretw7 shall find thu 0 0 0                 Conservation and Management AcL.
                         The State haw coorrUnated Its program            (3) Identify conflicts with those
                      with locsl. Lreswide. and interstate plana        plans of a regulatory nature that are

                                                                161

                  National Oceanic and Atmoshperic Adm.,Commerce                               � 923.57
                  unresolved at the time of program             ignated    Pursuant      to    subsection
                  submission and the means that can be          306(c)(5) of the Act;
                  used to resolve these conflicts.                 (2) Establish a procedure whereby
                                                                local governments with zoning author-
                  � 923.57 Continuing consultation.            ity are notified of State management
                    (a) Statutory Citation. Subsection         program decisions which would con-
                  306(c)(B):                                   flict with any local zoning ordinance
                                                               decision.
                    Prior to granting approval to a manage-    	(i)"Management agency" refers to
                  ment program submitted by a coastal state,   the State agency designated by the
                  the Secretary shall find that ***            Governor pursuant to subsection
                    The state has *** established an effec-    306(c) of the Act and to any other
                  tive mechanism for continuing consultaion    State agency responsible for imple.
                  and coordination between the management      menting a management program deci.
                  agency designated pursuant to paragraph      sion:
                  (5) of this section and with local govern-
                  ments, interstate agencies, regional agen-      (ii) "Management program decision,"
                  cies, and areawide agencies within the coast- refers to any major, discretionary
                  al zone to assure the full participation of   policy decisions on the part of a man-
                  such local governments and agencies in car-   agement agency, such as the determi-
                  rying out the purposes of this title; except  nation of permissible land and water
                  that the Secretary shall not find any mech-
                  anism to be "effective" for purposes of this  uses, the designation of areas or par-
                  subparagraph unless it includes each of the   ticular concern or areas for preserva-
                  following requirements:                       tion or restoration. or the decision to
                    (1) Such management agency In required.     acquire Property for Public uses. Regu.
                  before implementing my management pro-        latory actions which are taken pursu-
                  gram decision which would conflict with       ant to these major decisions are not
                  any local zoning ordinance, decision, or      subject to the State-local consultation
                  other action, to send a notice of such man-   mechanisms;
                  agement program decision to any local gov-      (iii) A State management program
                  ernment whose zoning authority Is affected    decision shall be considered to be in
                  thereby.                                      conflict with a local zoning ordinance
                    (ii) Any such notice shall provide that
                  such local government may within the 30-      if the decision Is contradictory to that
                  day period commencing on the date of re-      ordinance. A State management pro-
                  ceipt of such notice, submit to the manage-   gram decision that consists of addi-
                  ment agency written comments on such          tional but not contradictory require-
                  management program decision, and any rec-     ments shall not be considered to be in
                  ommendation for alternatives thereto. If no   conflict with a local zoning ordinance,
                  action is taken during such period which      decision or other action;
                  would conflict, or interfere with such man-     (iv) "Local government" refers to
                  agement program decision unless such local
                  government waives its rights to comment.      those defined in section 304(10) of the
                    (iii) Such management agency, if any such   Act which have some form of zoning
                  comments am submitted to it, within such      authority.
                  30-day period, by any local government:         (v) "Local zoning ordinance. decision
                    (I) Is required to consider any such com-   or other action" refers to any local
                  ments.                                        government land or water use action
                   (II) is authorized, in its discretion, to hold which regulates or restricts the con-
                  a public hearing on such comments, and       struction. alteration of use of land.
                    (III) may not take Lay action within such   water or structures thereon or there-
                  30-day period to implement the manage-        under. These actions Include zoning
                  ment program decision, whether or not         ordinances, master plans and official
                  modified on the basis of such comments.       maps. A local government has the
                    (b) Requirements, (1) Establish a           right to comment on a State manage-
                  mechanism or mechanisms which will             ment program decision when such de-
                  provide for continuing consultation           cision conflicts with the above speci-
                  and coordination after program ap-           fied actions;
                  proval between local governments, re-           (vi) Notification must be in writing
                  gional areawide, multistate and other         and must inform the local government
                  State agencies with activities in the        of its right to submit comments to the
                  coastal zone and the State agency des-        State management agency in the event

                                                           162

                       � 923-58                                                 15 CFR Ch. IX (1-1-93 Edition)

                       the proposed State management pro-                Prior to granting approval of a manage-
                       gram decision conflicts with a local            ment program submitted by a coastal state.
                       zoning ordinance, decision or other             the Secretary shall find that:
                       actiorL The effect of providing such              The state has developed and adopted a
                                                                       nuum9ement Program for Its coastal zone
                       notice is to stay State action to imple-             after notAce
                       ment its management decision for at
                       least a 30-day period unless the local            Subsection 306(cX3):
                       government waives its right to com-               Prior to granting approval of a matuge.
                       ment.                                           ment program submitted by a coastal state.
                        (vil) "Waiver" of the right of local           the Secretary shall find that ...
                       -government to comment (thereby per-              The gate has held public hearings in the
                       mitting & State agency to proceed Im-           development of the management program
                       mediately with implementation of the              Section 311:
                       management Program decision) shall                All Public hearings required under this
                       result:                                         title must be announced at least thirty days
                        (A) Following State agency receipt             prior to the hearing date. At the time of the
                       of a written statement from a local             announcement. all agency materials perti-
                       government indicating that It either.           nent to the hearinim including documents.
                        (1) Waives its right to comment; or            studies, and other data. must be made avail-
                        (2) Concurs with the management                able to the public for review and study. As
                       program decision: or                            simil   materials are subsequently devel-
                        (3) Intends to take action which con-          oped. they -thall be made available   to the
                       flicts or interferes with the manage-           Public an they become available. to the
                       ment program decision; or                       agency.
                        (B) Following a public statement by              M Requirement& States shall:
                       a local government to the same effect             (1) Hold a minimum of two public
                       as paragraph M=vil)(A) of this sec-             hearings during the course of program
                       tion: or                                        development, at least one of which will
                        (C) Following an action by a local             be on the total scope of the coastal
                       government that conflicts or inter-             management program- Hearings on
                       feres with the management program               the total management program do not
                       decison.                                        have to be held on the actual docu-
                        (viii) The management program                  ment submitted to the Assistant Ad-
                       shall include procedures to be followed         ministrator for section 306 approval.
                       by a management agency in consider-             However, such hearing(s) must cover
                       ing a local government's comments.              the substance and content of the pro-
                       These procedures shall include, at a            posed man ement program in such a
                       minimum. circumstances under which              manner that the general public. and
                       the agency will exercise Its discretion         particularly affected parties, have a
                       to hold -a public hearing. Where public         reasonable opportunity to understand
                       hearings will be held. the program              the impacts of the management pro-
                       must set forth notice and other hear-           granL U the hearing(s) are not on the
                       ing procedures that will be followed.           management document per se, all re-
                       Following State agency consideration            quests for such document must be
                       of local comments (when a discretion-           honored and comments on the docu-
                       ary public hearing is not held) or fol-         ment received prior to submission of
                       lowing public hearing. the manage-              the document to the Assistant Admin-
                       ment agency shall provide a written             istrator must be considered;
                       response to the affected local govern-            (2) Provide a minimum of 30 days
                       ment, affected local government.                public notice of hearing dates and lo-
                       within a reasonable period of time and          cations;
                       prior to implementation of the man-               (3) Make available for pubUc review.
                       agement program decision. on the re-            at the time of public notice. all agenc:y
                       sults of the agency's consideration of          materials pertinent to the hearings;
                       public comments.                                  (4) Include a transcript or summary
                                                                       of the public heazing(s) with the
                       I 923M Publk hearinvL                           State's program document or submit
                         (a) Statutory Citations. Subsection           same within thirty (30) days following
                       306(cXD:                                        submittal of the procram to the As-

                                                              163

                     National Oceanic and AtVn0sPh*rlc Adm.            Commerce                        � M62
                     SiStant Administrator. At the same              the Assistant Admini     trator as early as
                     time this transcript or summary is              practicable. stating    the reasons for
                     submitted to the Assistant AdMinistra-          segmenting the program and request-
                     tor. it must be made available, upon            ing the Assistant Administrators ap.
                     request, to the public.                         proval. Upon receipt of the Assistant
                                                                     Administrator's approvaL the segment
                           Subpart G-Miscellanoaus                   submission shall Include:
                                                                       (1) A geographic area. on both sides
                     1923.60 General.                                of the coastal land/water interface; .
                     .The purposes of this -subpart are to             (2) A timetable and budget for the
                     provide guidance on meeting the re-             timely completion of the remaining
                     quirements of subsection 306(h) of the          segment(s)-, gLud
                     Act dealing with segmented manage-                (3) The man        Ment boundary for
                     ment programs and fulfilling the re-            the entire coastal zone throughout the
                     quirements for an environmental                 state as part of the segment submis_
                     impact assessment which all manage-             sion.
                     ment program submissions, whether                 -(4) Documentation of how the re-
                     for a State's total coastal zone or for a       quirements of subparts A through F
                     segment, must contain.                          are met for the segment.
                     9 923.61 Segmentation.                          1923.62 Envtronmental asseument.
                      (a) Statutory Citation. Section                  (a) Requirement& All State manage.
                     306(h):                                         ment Program submissions must con-
                      At the discretion of the state and with the    tain an envtronmental assessment at
                     approval of the Secretary. a management         the time of submission of the mim e.
                     program May be developed and adopted in
                     segments so that immediate attention may        ment Program to OC2W for threshold
                     be devoted to those areas within the coastal    review. In accordance with the Council
                     zone which most urgently need manage-           on Environmental Quality regulations
                     ment progr&mx Provided. that the state          (FMZML RZGLsmm Vol. 43, No. 230,
                     adequately provides for the ultimate coordi-    Nov. 29, 1978) 1 1506.5(a) and (b), state
                     nation of the various segments of the man-      environmental assessments shall con-
                     agement program into a single. unified pro'     tain the following information:
                     -gram. and that the unified program will be
                     completed as soon as reasonably practicable.      (1) A summary of the state's man-
                       (b) This section of the Act reflects a        agement program;
                     recognition that It may be desirable              (2) A brief discussion of the need for
                                                                     the State's participation in the Feder-
                     for a State to develop and adopt its            8.1 progra=
                     management - program in segments                  (3) A succindt description of the en-
                     rather thin all at once because of a            vironment to be affected by program
                     relatively long coastUne,'developmen-           implementation;
                     tal pressures or public support In spe-           (4) A description and discussion of
                     cific areas, or earlier regional man ei.        the major alternatives which were
                     ment programs already developed and             considered by the State in developing
                     adopted. It is important to note, how-          the coastal management Program:
                     ever. that the ultimate objective of
                     segmentation is completion of a man-              (5) A discussion of the eavironmen-
                     agement program for the coastal zone            tal impacts of implementing the pro-
                     of the entire State in a timely fashion..       grL=
                       (c) A segmented       management pro-           (6) A Wrtim of agencies or persons
                     gram shall not be developed solely for          consulted in determining the impacts
                     the purpose of protecttng or control-           of the management program
                     ling a single coastal*resource or-use.            (b) Geneml cammmtL OC23k will
                       (d) Segmentation is at the State's            independently evaluate the State's en-
                     option. but requires the approval of            vironmental assessment and use as
                     the Assistant Administrator.                    much an Possible in developing an E28
                       (e) Requirements. If a State intends          on the management program An EIS
                     to adopt its management Program In              will be produced for. all state programs
                     two or more segments. It shall advise           submitted for 306 approval- The

                                                               164

                   � 923.80                                                   15 CFR Ch. 1X (1-1-93 Edition)
                                                                      tion, until the Secretary approves such
                                                                      amendment or modification
         timing and review procedures for the                           Subsection 312(b):
         EIS are discussed in $923.72.
                                                                       The Secretary shall have the authority to
                                                                      terminate any financial assistance extended
                                                                      under section 306 and to withdraw any un-
                                                                      expanded portion of such assistance if (1)
          Subpart H - Review/Approval                                 he determines that the state is failing to
                                     Procedures                       adhere to and is not justified in deviating
                                                                      from the program approved by the Secre-
          (Omitted from this booklet.                                 tary, and (2) the state has been given notice
                                                                      of the proposed termination and withdrawal
          Alaska already has an approved                              and given an opportunity to present evi-
          program.)                                                   dence of adherence or Justification for alter-
                                                                      ing its program
                                                                       (c) For purposes of this subpart,
                                                                          amendments are defined as substantial
                                                                      changes in,or substantial changes to
                                                                      enforceable policies or authorities re-
                                                                      lated to:
                                                                       (1) Boundaries;
                                                                       (2) Uses subject to the management
                                                                      pragram;
                                                                       (3) Criteria or procedures for desig-
                                                                      nating or managing areas or particular
                                                                      Concern or areas for Preservation or
                                                                      restoration; and
                                                                       (4) Consideration of the national in-
                                                                      terest involved in the planning for and
                                                                      in the siting of,facilities which are
                                                                      necessary to meet requirements which
                                                                      are other than local in nature.

                                                                      � 923.81 Requests for amendments.
                                                                       (a) Requirement. Requests for
                                                                      amendments,shall be submitted to the
                    Subpart I-Amendments to and Ter- 			Assistant Administrator by the Gover-
                         mination of Appoved Manage-                  nor of a coastal State with an ap-
                         ment Programs                                proved management program or by
                                                                      the head of the State agency (desig-
                    $923.80 General.                                 	nated pursuant to section 306(cx5)) if
                      (a) This subpart establishes the cri-           the Governor has delegated this re-
                    teria and procedures by which amend-              sponsibility and such delegation is
                    ments to approved man ement pro-                  part of the approved management pro-
                    grams may be made. This subpart also              gram.
                    establishes the conditions and proce-              (b) Requirements. Amendment re-
                    dures by which adminitrative funding              quests shall contain the following:
                    may be terminated for programmatic                 (1) Description of the proposed
                    reasons.                                          change.Including specific pages and
                      (b) Statutory Citations, Subsection             text of the management program that
                    306(g):                                           will be changed if the amendment is
                                                                      approved by the Assistant Administra-
                      Any coastal state may amend or modify           tor;
                    the management program which It has sub-
                    mitted and which has been approved by the      	2) Explanation of why the change is
                    Secretary under this section, pursuant to      	necessary and appropriate, including a
                    the required procedures described in subsec-    	discussion of the following factors, as
                    tion (c) ***(N]o grant shall be made           	relevant: Changes in coastal zone
                    under this section to any coastal state after     needs,problems, issues,or priorties.
                    the date of such amendment of modifica-      	This discussion also shall identify

                                                                165

                      National Oc*cnic and Atmosph*ric Adm., commorce                                  � 923.82
                      which findings. if any. made by the            request, still will constitute an approv-
                      Assistant Administrator in approving           able program.
                      the management program may need to               (I) For amendments affecting man-
                      be modified if. the amendment is aP-           agement program boundaries. this will
                      proved:                                        involve a determination that the pro-
                        (3) Copy of public notice(s) announc-        gram if changed. will continue to in-
                      ing the public hearing(s) on the pro-          clude the following areas (as defined
                      posed amendments:                              in 1923.3 1(&)) within the State's coast-
                        (I) At least one public hearing must         al zone:
                      be held on the proposed amendment.               (A) Areas the management of which
                      Pursuant to 'section 306(cX3) Of the           is necessary to control uses with direct
                      Act:                                           and significant impacts on coastal
                        (Ii) Pursuant to section 311 of the          waters;
                      Act. notice of such public hearing(s)            (B) 7tansitional and Intertidal areas,
                      must be announced at least 30 days               (C) Sat marshes and wetlands:
                      prior to the hearing date.                e-     (D) Islands;
                        (III) At the time of the announc               M Beaches: and
                      ment, relevant agency materials Perti-           M Waters under tidal influence.
                      nent to the hearing must be made                 (it) Por amendments affecting uses
                      available to the public'.                      subject to the management program.
                        (4) Sununary of the hearing(s) com-          this will involve a determination that
                      ment3:                                         the Program if changed, will continue
                        (I) Where OCZM is Providing Feder-           to:
                      al agency review concurrent with the             (A) Identify which uses are subject
                      notice period for the State's public           to the mann ement program (see
                      hearing. this summary of hearing(s)            I 923.10(b)(1)):
                      comments may be submitted to the As-             (B) Assure that policies and authori-
                      sistant Administrator within 60 days           ties governing the management of
                      after the hearing.                  es are     these uses  . incorporate a sufficient
                        01) Where hearing(s) summari
                      submitted as a supplement to the               range of considerations to address the
                      amendment request (as in the case de-          findings and Policies of sections 302
                      scribed in paragraph (b)(1) of this sec-       and 303 of the Act (see � 923.3(b)(1)
                      tion), the Assistant Administrator will        and (2));
                      not take final action to approve or dis-         (C) Assure that Policies and authori-
                      approve an amendment request until             ties related to use mana ement are ca-
                      the hearing(s) summaries have been             Pable of effective implementation at
                      received and reviewed:                         the time of amendment approval (see
                        (5) Documentation of -opportunities            923.10 (bX2)): and
                      provided relevant FlederaL State, re-            (D) Identify uses considered by the
                      gional and local agencies, port authori-       State to be of regional benefit and a
                      ties and other Interested public and           method (or methods) of assuring local
                      private parties to participate in the de-      regulations do not unreasonably re-
                      velopment and approval at the State            strict or exclude such uses (see
                      level of the proposed ean ndment.              I 923.12(b)).
                        (c) RequesU for amendments should              (III) Amendments affecting criteria
                      be sumitted to the Assistant Adminis-          for designating or managing areas of
                      trator whenever possible prior to final        Particular concern. this will involve a
                      State action * to implement a major            determin tion that the man ement
                      progra=                                        progr&M if changed. will continue to
                                                                     provide for.
                      9 923.82 Anuadment riview/approval pro-          (A) Criteria for designatiow (see
                          cedureiL                                   I 923M(bXD):
                        (a) Upon submission by a State of Its          (B) Designation-of areas on a generic
                      amendment request, OCZK will review            or aite-specific basis (see I 923.21(bXl)
                      the request to determine preliminarily         and (2)):
                      if:                                              (C) Description of how the manage-
                        (1) The management program Lf                ment program addresses- and resolves
                      changed according to the amendment             the management concerns for which

                                                               166

                      � 923.82                                               15 CFR Ch. IX (1-1-93 Edition)
                      areas are designated (see j 923.21(b)(3)         (tit) Notice has been provided and a
                      and M); and                                    public hearing held on the proposed
                        (D) Guidelines regarding priority of         amendment (section 306(c)(1) and
                      uses. including uses of lowest priority        (c)(3); and
                      (see I 923.21(b)(5)).                            Qv) The Governor or the head of the
                        (tv) For amendments affecting crite-         State agency. designated pursuant to
                      ria for designating or managing areas          section 306(cm, has reviewed and ap-
                      for Prewmation. or restoration. this           proved the proposed amendment (seo-
                      will involve a determination that the          tion 306(cX4)).
                      manaffern nt Program. if changed, will           (b) U the Assistant Administrator. as
                      continue to provide for criteria and           a preliminary matter. determines that
                      procedures for designations that are           the             Lt program. if changed.
                      for the Purposes Of Preserving or re-          would no longer constitute an approv.
                      storing areas for their conservation.          able program. or If my of the proce.
                      recreationaL ecological or esthetic            dural requirements of section 306(c) of
                      values (see I 923.22(b)).                      the Act have not been met., the Assist-
                        (v) Fbr amendments affecting proce-          ant                r shall advise the
                      dures for considering the national In-         S     In writing of the reasons why
                      terest In particular facilities, this will     the             t request cannot be con-
                      involve a determination that the man-          sidered.
                      agement Program. if changed. will con-           (1) Where problems exist with re-
                      tinue to provide for.,                         spect to the procedural requirements,
                        (A) A description of the national in-        States may redress these and resubmit
                      terest in the planning for and siting of       Its amendment request.
                      the facilities which is taken into ac-           (2) Where problems exist with re-
                      count by the consideration procedures          spect to basic program approvability.
                      (see I 923.52(c)(1));                          States also may modify their amend-
                        (B) The sources relied upon for such         ment request to redress the deficien-
                      consideration (see � 923.52(CX2));             cies with repect to approvability and
                        (C) A clear and detailed description         thereafter may resubmit their amend-
                      of the administrative procedures and           ment request.
                      decisions points where this - interest           (3) Where a State acts to implement
                      will be considered (see I 923.52(c)(4)):
                      and                                            the              t request despite the
                        (D) In the case of energy facilities.        Assistant Admin' trator's notification
                      consideration of any applicable inter.         that such amendment would render
                      state energy, plan or program devel-           the managment program unapprova-
                      oped pursuant to section 309 of the            ble. that State may be subJect to with-
                      Act (see I 923.52(c)(3)).                      drawal of program approval and with-
                        (2) The procedural requirements of           drawal of administrative funding. (See
                      section 306(c) of the Act have been            15 CPR 928.5(b).)
                      met. These procedural requirements               (c) If the Assistant Administrator. as
                      are that:                                      a preliminary matter. determines that
                        (I) The State has developed the              the rnimagement program. if changed.
                      amendment with the opportunity for             would still constitute an approvable
                      full participation by relevant Flederal        Program and that the procedural re-
                      agencies. State agencies. local govern-        quirements of section 306(c) of the Act
                      ments. regional organizations. port au-        have been met. the Assistant Adminis-
                      thorities, and other interested public         trator will then determine. pursuant
                      and private parties (section 306(cXD           to the National Environmental Policy
                      of the Act):                                   Act of 1969, as amended. whether an
                        (it) The State has coordinated the           environmental Impact statement (EIS)
                      amendment with loc&L am-wide and               is requiredL
                      interstate plans applicable to areas             (1) U an EMS is appropriate. OCZM
                      within the coastal zone affected by the        will prepare and distribute a DEIS and
                      amendment and existing on January 1            FTIS consistent with CEQ guide"n
                      of the year in which. the amendment            and NOAA procedures.
                      request      is    submitted        (section     M Pollowine review of comments on
                      306(c)(2)):                                    the FEM the Amdatant AAministxator

                                                           167

                   National Oceanic and Atmospheric Adm, Commerce                               � 923.84
                   will take final action to approve or dis-      923.84 Routine program implementation.
                   approve the amendment request.                 (a) Further detailing of a State's
                     (ii) Notice of the Assistant Adminis-       program that is the result of imple-
                   trator's decision will be given in the        menting provisions approved as part of
                   FERDERAL REGISTER. If the Assistant Ad-       a State's approved management pro-
                   ministrator's decision is to approve the      gram that does not result in the type
                   amendment, the notice also shall indi-        of action described in 923.80(c), will
                   cate that Federal consistency applies         be considered routine program imple-
                   as of the time of the Assistant Admin-        mentation. Routine implementation is
                   istrator's approval.                          not subject to the amendment proce-
                     (2) If an EIS is not required pursu-        dures contained in  923.81 through
                   ant to CEQ guidelines and regulations.        923.82. It is subject to mediation provi-
                   notice will be published in the FEDERAL       sions of 923.83.
                   REGISTER of the Assistant Administra-           (b) Requirements. (1) States shall
                   tor's intent to approve the amendment         notify OCZM of routine program im-
                   request.                                      plementation actions in order that
                     (i) This notice will Include the con-       OCZM may review the action to
                   tent of the proposed amendment; the           ensure it does not constititute an
                   basis for determining an EIS is not re-       amendment.
                   quired; and a specified comment                 (i) States have the option of notify-
                   period of not less than 30 days.              ing OCZM of routine implementation
                     (ii) if no serious disagreement is          on a case-by-case basis, periodically
                   raised by the head of a Federal agency        throughout the year, or annually.
                   (see 923.83) during the comment                 (ii) In determining when and how
                   period and after taking into account          often to notify OCZM of such actions,
                   all comments received, the Assistant          States should be aware that Federal
                   Administrator will make a final deci-         consistency will apply only after the
                   sion on whether to approve the pro-           notice required by paragraph (b)(4) of
                   posed amendment and issue notice              this section has been provided.
                   thereof in the FEDERAL REGISTER.                (2) Concurrent with notifying
                   [44 FR 18595, Mar. 28, 1979, as amended at    OCZM States shall provide notice to
                   47 FR 21024, May 17.1982]                     the general public and affected par-
                                                                 ties, including local governments,
                     923.83 Mediation of amendments.             other State agencies and regional of-
                     (a) Section 307(hX2) of the Act pro-        fices of relevant federal agencies of
                   vides for mediation of "serious dis-          the notification given OCZM.
                   agreements" between a Federal agency           (i) This notice shall:
                   and a coastal State during administra-         (A) Describe the nature of the rou-
                   tion of an approved management pro-           tine program implementation;
                   gram. Accordingly mediation is avail-           (B) Indicate that the State considers
                   able to states or federal agencies when       it routine program implementation
                   a serious disagreement regarding &            and has requested OCZM's concur-
                   proposed amendment aries.                     rence in that determination; and
                     (b) Mediation may be requested by a          (C) Indicate that any comments on
                   Governor or head of a State agency            whether or not the action does or does
                   designated pursuant to section                no constitute routine program imple-
                   306(c)(5) or by the head of a relevant        mentation may be submitted to 0CZM
                   Federal agency. Mediation is a volun-         within 3 weeks of the date Of issuance
                   tary process in which the Secretary of        of the notice.
                   Commerce attempts to Mediate be-               (ii) Where relevant Federal agencies
                   tween disagreeing parties over major         do not maintain regional offices,
                   problems.                                    notice must be provided to the head-
                     (c) The specific mediation proce-          quarters office.
                   dures to be followed when there are              (3) Within. 4 weeks of receipt of
                   serious disagreements over amend-            notice from a State, OCZM shall
                   ments are the same as those utilized         inform the State whether it concurs
                   for serious disagreements during pro-        that the actions constitutes routine
                   gram implementation. (See 923.54).           program implemantation. Failure to

                                                           168

                      � 923.90                                                  15 CFR Ch. IX (1-1-93 Edition)
                      notify a State in writing within 4                (b) Grants awarded to a State must
                      weeks of receipt of notice shall be con-        be expended for the development or
                      sidered concurrence.                            administration, as appropriate, of a
                        (4) Where OCZM concurs, a State               management program that meets the
                      then must provide notice of this fact           requirements of the Act.
                      to the general public and affected Par-           (c) All     applications for funding
                      ties, including local governments,              under section 305 or 306 of the Act, in-
                      other State agencies and relevant Fed-          cluding proposed work programs,
                      eral agencies.                                  funding priorities and allocations are
                        (i) This notice shall:                          subject to the administrative discre-
                        (A) Indicate the date on which the            tion of the Assistant Asministrator.
                      State received concurrence from                   (d) Grants shall not exceed eighty
                      OCZM that the action constitutes rou-
                      tine program implementation;                             per cent of the annual total cost of the
                        (B) Reference the earlier notice (re-         program.
                      quired in paragraph (b)(2) of this sec-            (e)    For Purposes of this subpart, the
    											term development grant means a grant
    			tion) for a description of the content          awarded pursuant to subsection 305(a)
                      of the implementation action; and           of the Act. " Administrative grant" and
                        (C) Indicate if Federal consistency           "implementation grant" are used
                      applies as of the date of the notice            Interchangeably and mean grants
                      called for is this paragraph.                   awarded pursuant to subsection 306(a)
                        (ii) Federal consistency shall not be           or (h) of the Act.
                      required until this notice has been               (f) All application and preapplica-
                        (5) Where OCZM does not concur, a              tion forms are to be requested from
                      State will be advised to submit the              and submitted to:
                      action as an amendment, subject to              National Oceanic and Atmospheric Adminis-
                      the provisions of 923.81 through                tration. Office of Coastal Zone Manage-
                      923.82.                                           ment, Grants and Loans Operations Staff,
                                                                        3300 Whittehaven Street, NW., Washing-
                      Subpart J- Applications for Program                ton. DC 20235.
                           Development or Implemation                  921.91 State responsibility.
                           Grants                                       (a) Applications for program grants
                      923.90  General                               	shall be submitted by the Governor of
                        (a) The primary purpose of develop-           a participating State or by the head of
                                                                      the State entity designated by the
    											Governor pursuant to subsection
    										      306(c)(5) of the Act.
    											   (b)In the case of section 305 grant,
                     hensive coastal managment programs              the application shall designate a single
                      that can be approved by the Assistant           State agency or entity to receive devel-
                      Adminstrator. The primary purpose of
                      implementation grants made pursuant             opment grants and to be responsible
                      to section 306 of the Act is to assist             for development of the State's coastal
                      coastal States in implementing coastal          management program. The designee
                      managment programs following their             need not be that entity designated by
                      approval. The purpose of the guide-             the Governor pursuant to subsection
                      lines in this subpart is to define the          306(c)(5)of the Act as the single
                      procedures by which grantees apply             agency to receive and administer im-
                      for and administer grants under the             plementation grants.
                      Act. These guidelines shall be used               (c)One State application will cover
                      and interpreted in conjunction with             all program activities for which funds
                      the Office of Management and Budget             under  this Act and matching State
                      Circular A-102, Administrative Re-              funds are provided, irrespective of
    			quirements for Grants-in-Aid to State           whether these activities will be carried
                      and local governments, and other               out by State agencies, areawide of re-
                      directives from the NOAA and OCZM              gional agencies, local governments. or
                      grants offices.                                Interstate entities.

                                                                169

                       National Oceanic and Atmospheric Adm., Commerce                                       � 923.93
                       (d) The designated State entity is                local activities or one-time projects,
                       fiscally responsible for all expendi-             again subject to adequate State over-
                       tures made under the grant, including             view, then a proportional amount of
                       expenditures by subgrantees and con-              administrative grant funds can be allo-
                       tractors.                                         cated to local governments.
                                                                          (3) Areawide agencies. Should the
                       923.92 Allocation.
                                                                         State wish to allocate a portion of its
                       (a) Statutory Citations. Subsections              program development grant to an
                       305(g):                                           areawide/regional agency under the
                       With the approval of the Secretary. any           provisions of subsection 305(g) of the
                       coastal state may allocate to any local gov-      Act, and in the absent of State law to

                       ernment, to any areawide agency designated        the contrary, preference shall be given
                       under section 204 of the Demonstration            to those agencies recognized c desig-
                       Cities and Metropolitan Development Act of        nated as areawide/regional compre-
                       1966, to my regional agency, or to any            hensive planning and development
                       interstate agency, a portion of any grant re-     agencies under the provisions of sec-
                       ceived by it under this section for the pur-      tion 204 of the Demonstration Cities
                       pose of carrying out the provisions of this       and Metropolitan Development Act of
                       section.
                                                                         1966 or Title IV of the Intergovern-
                       Subsection 306(f):                                mental Cooperative Act of 1968.
                       With the approval of the Secretary, a               (4) Indian Tribes. In furtherance of
                       state may allocate to a local government, an       the policy enunciated in  923.33(b)(2),
                       areawide agency designated under section          individual tribes or groups of tribes
                       204 Demonstration Cities and Metropolitan         may be considered regional            agencies
                       Development Act of 1966, a regional agency        and may be allocated a portion of a
                       or an interstate agency, a portion of the         State's grant for the development of
                       grant under this section for the purpose of
                                                                      independent tribal coastal manage-
                       carrying out the provisions of this section:
                       Provided that such allocation shall not re-     ment programs or the implementation
                       1ive the state of the responsibility of ensur-  of specific management projects Pro-

                       ing that any funds so allocated are applied        vided that:
                       in furtherance of such state's approved             (i) The State certifies that such
                       management program.                                tribal programs or projects are com-
                       (b) A State may allocate a portion or           patible with its approved coastal man-
                       portions of its grant to other State              agement policies; and
                       agencies, local governments, areawide               (ii) On excluded tribal lands, the
                       or regional agencies, interstate enti-           State demonstrates that the tribal
                       ties, of Indian tribes. If the work to            program or project would or could di-
                       result from such allocation(s),contrib-           rectly affect the State's coastal zone.
                       utes to the effective development or              (Executive Order 12372, July 14, 1982(47
                       implementation of the State's manage-             FR 30959), as amended April 8,1983 (48 FR
                       ment program:                                     15587); sec 401. Intergovernmental Coop-
                        (1) Local governments. Should a                  eration Act of 1968, as amended (31 U.S.C.
                       State desire to allocate a portion of its         6506); sec 204 Demonstration Cities and
                       grant to a local government, units of             Metropolitan Development Act of 1966 as
                       general-purpose local government are              amended (42 U.S.C. 3334)).
                       preferred over special-purpose units of           [44 FR 18595, Mar. 28, 1979, as amended at
                       local government.                                 48 FR 29136, June 24, 1983]
                        (2) Local governments. Where a
                       State will be relying on direct State             923.93 Geographic segments.
                       controls as provided for in subsection              (a) Application procedures for a
                       306(e)(1)(B) of the Act, pass-throughs            grant to be awarded pursuant to sub-
                       to local governments for local plan-              section 306(h) of the Act for a geo-
                       ning. regulatory or administrative ef-            graphic segment of a State's  coastal
                       forts under a section 306 grant cannot            zone are the same as those set forth in
                       be made, unless they are subject to               this subpart for a grant to administer
                       adequate State overview and are part              the approved management program of
                       of the approved management pro-                    the entire coastal zone of a State.
                       gram. Where the approved manage-                     (b) When a State has a program for
                       ment program provides for specified               a geographic segment of its coastal

                                                                  170

                    � 923.94                                                15 CFR Ch. IX (1-1-93 Edition)
                    zone approved pursuant to subsection            ization of urban waterfront and pro-
                    306(h) of the Act, that portion of a            tection and restoration, where possi-
                    State's coastal zone not awarded seg-           ble, of important historic, cultural and
                    ment approval will continue to be eli-          aesthetic coastal resources.
                    gible for section 305 grants until au-            (4) Improvement in the predictabil-
                    thorization for such funds terminates.          ity and efficiency of governmental de-
                                                                    cisionmaking especially with respect to
                    923.94 Eligible implementation costs.             permitting.
                      (a) Costs claimed must be beneficial            (d) Implementation funding may be
                    and necessary to the objectives of the          applied to the management of desig-
                    grant project. As used herein the               nated areas of particular concern, es-
                    terms cost and grant project pertain to         pecially areas designated for preserva-
                    both the Federal and the matching              tion or restoration purposes pursuant
                    share. Allowability of costs will be de-        to section 306(c)(9) of the Act. Within
                    termined in accordance with the provi-          areas designated for the purpose of re-
                    sions of Federal Management Circular            storing or preserving their ecological
                    (FMC) 74-4: Cost Principles Applica-             or conservation values, section 306
                    ble to Grants and Contracts with                funds may be spent for projects involv-
                    State and Local Governments.                    ing expendable materials (as for exam-
                      (b) Federal funds awarded pursuant            ple, seeds to be used as a non-structur-
                    to section 306 of the Act may  not be           al erosion control technique or, for an-
                    used for land acquisition purposes and          other example, materials to restore
                    may not be used for construction pur-          lighthouses designated as areas for
                    poses except as described in paragraph          restoration). All costs associated with
                    (d) of this section.                            such projects may not exceed a total
                      (c) The primary purpose for which             of $50,000 per grant, except in the case
                    implementation funds, pursuant to               of a demonstration grant which may
                    section 306 of the Act, are to be used is        be negotiated with and approved by
                    to assure effective implementation and          the Assistant Administrator. In addi-
                    administration of the management                tion the following conditions must be
                    program, including especialiy adminis-          met:
                    trative actions to carry out and en-              (1) The project must be consistent
                    force program policies, authorities and            with and fulfill the objectives of a re-
                    other management techniques. Imple-             lated policy (or policies) in the States
                    mentation activities should be related          management program;
                    to achieving substantive results in the           (2) Basic program administration re-
                    following 4 major areas which are de-       quirements discussed in paragraph (c)
                    rived from the policies and findings of         of this section are provided for;
                    sections 302 and 303 of the Act:               (3) No other sources of funding are
                      (1) Protection of significant natural         readily available; and
                    coastal resources, and areas including,           (4) An explanation is provided of
                    as appropriate, wetlands, beaches,              how the area will be maintained and
                    dunes, barrier islands, reefs and fisher-       operated once preserved or restored
                    ies.                                             (e) Section 306 funding in support of
                     (2) Management of coastal develop-            any of these purposes, except as limit-
                    ment to:                                        ed in paragraph (d) of this section,
                      (i) Prevent or mitigate low of life             may be used to fund:
                    and property in such coastal hazard               (1) Personnel costs,
                    areas as floodplains, erosion-prone               (2) Supplies and overhead,
                    areas, areas subject to subsidence or             (3) Equipment (subject to the limita-
                    saltwater intrusion;                            tions in paragraph (f) of this section
                    pendent uses such an ports, fishing fa-         (4)Feasibility studies and prelimi-
                    cilities and water-dependent energy fa-         nary  engineering reports. A feasibility
                    cilities; and                                   study is defined as a document; inde-
                      (iii) Identify environmentally accept-          pendent of a particular design solution
                   able sites for dredge spoil disposal.            for a project, which presents an analy-
                      (3) Increase in public access for rec-         sis of the economic practicality of the
                    reational purposes, including revital-           project. A preliminary engineering

                                                              171

                     National Oceanic and Atmospheric Adm., 6mm*rce                                  � 923.95
                     report is defined as a document which         will not be awarded until A-55 require-
                     presents both engineering criteria. in        ments have been completed.
                     sufficient detail to form the basis for        - M States have the option of using a
                     the preparation of final design docu-         Preapplication for Federal Assistance.
                     ments and detailed engineering cost           If used, the Preapplication must be
                     estimates. Detailed architectural draw-       submitted 120 days prior to the begin-
                     ings and engineering specifications are       ning date of the requested grant The
                     eligible costs it                             Preapplication shall include documen-
                       W They are directly related to Pres-        tation. signed by the Governor, desig-
                     ervation and restoration projects dis-        nating the State office, agency. or
                     cussed in (d) of this section;                entity to apply for the administer the
                       (ii) They are for projects which are        grant,
                     not In APC's but are directly related           W Costs claimed as charges to the
                     to the State's man ement program              grant project must be beneficial and
                     and the State can provide written doc-        necessary to the objectives of the
                     umentation to OCZM that the other             grant project. As used herein. the
                     sources of funding have been secured          ternm "cost" and "grant proJect" per-
                     to complete such Project&                     tain to both the Federal grant and the
                       (f) Equipment purchases by the              matching share. Allowability of costs
                     grantee of more than one tholl-gand           will be determined in accordance with
                     (1.000) dollars per item require KOAA         the provisions of FMC 74-4: Cost Ftln-
                     approval prior to purchase. Equipment         ciples Applicable to Grants and Con-
                     purchases by sub-awardees nw be ap-           tracts with State and Local Govern-
                     proved by the grantee. Such Purchases         ments. Eligible implementation costs
                     may be deemed eligible costs if the           also shall be determined in accordance
                     State:                                        with J 923.94 of these regulations.
                       (1) Has examined lease, rental or             (d) In Put rV-Program Narrative
                     other non-purchase alternatives and           of the Form SP-424. the applicant
                     purchase represents an equal or I          r  shall describe clearly and briefly the
                     cost alternative, and                         activities that will be undertaken with
                       (2) The equipment Is essential to           grant funds in support of implementa-
                     management activities that are antici-        tion and administration of the Man-
                     pated to continue for more than 1             agement program. This description
                     year.                                          hall include:
                       (g) States are encouraged to ooordi-        s (1) An Identification of those ele-
                     nate  administrative funding requests         ments of the approved man ement
                     with  funding possibilities pursuant to       program that are to be supported in
                     sections 308, 309. 310 and 315 of the         whole or in part by' the Federal and
                     Act. When in doubt as to the approPri-        the matching share.
                     ate section of the Act under Which to
                     request funding. States should consult          (2) A clear statement of the major
                     with OCZM. States should consult              tastrit required to implement each ele-
                     with OCZM on technical aspects of             ment@
                     consolidating requests into a single ip-        (3) For each task:
                     pUcation.                                       (I) Specify how it wiR be accom-
                                                                   plished and by whom;
                     � 923.95 Application for initial program        (it) Identify any su"wardees (other
                         development or implementation vrants.     State agencies. local government.% in-
                       (a) The form SF-424. and an Appli-          dividuals. etc.) that will be allocated
                     cation for Federal Assistance (Non-           responsibility. for carrying out all or
                     Construction Programs) constitutes            portions of'the task. and indicate the
                     the formal application. An original           estimated co6t of the sub-awards for
                     and two (2) copies must be submitted          each allocation. Identify. if anY. that
                     45 days prior to the desired grant be-        portion of the task that Will be Mrried
                     ginning date. The applicstion must be         out under contract with private firms
                     accompanied by evidence of compU-             or individuals. and indicate the esU-
                     anee with ELO. 12372 requirements in-         mated coat of inich contrscUs);_
                     cluding the resolution of any problems          011) Tndicate the estimate& total
                     raised by the proposed proJect. Grants        co6L Also indicate the esUmated total

                                                              172

                       � 923.96                                               15 CFR Ch. IX (1-1-93 Edition)
                       person-months if any, allocated to the          pursuant to subsection 305(d) of the
                       task from the applicant's staff;	             Act.
                        (iv) Indicate the percent estimated            (b) In evaluating whether a State is
                       to be completed during the grant               making satisfactory progress toward
                       period.                                        completion of an approvable manage-
                         (4) The sum of all task costs in para-       ment program which is necessary to
                       graph (d><3) of this section should            establish eligibility for subsequent
                       equal the total estimated grant project        grants. the Assistant Administrator
                       cost.                                          will consider.
                         (5) Using two categories, Profession-         (1) The progress made toward meet-
                       al and Clerical. indicate the total            ing Management program goals and
                       number of personnel in each category           objectives;
                       on the applicant's staff who will be as-        (2) The progress demonstrated in
                       signed to the grant project. Also indi-        completing the past yeaes work pro-
                       cate the number assigned full time             gram:
                       and the member assigned less than               (3) The cumulative Progress toward
                       full time in the two Categories. Addi-         meeting the requirements for prelimi-
                       tionally. indicate the number of new           nary or final approval Of a coastal
                       positions created In the two categories        management program:
                       as a result of the grant project.               (4) The applicability of the proposed
                       (Executive Order 12372, July 14. 1982 (47          work program to fulfillment of the re-
                       FR 30959). as amended April 8,1983(48 FR           quirements for final approval; and
                       15587): sec. 401. Intergovernmental. Coop-      (5) The effectiveness of mechanisms
                       eratioqn Act of 1968 as amended (31 U.S.C.      for insuring public participation and
                       6506); sec 204, Domonstration Cities and        consultation with affected Federal.
                       Metropolitan Development Act of 1966 as         State, regional and local agencies in                   amended (42 U.S.C.3334))                        Stat4L, regional and local agencies in
                       [44 FR 18595. Mar.28,1979. an amended at        program development.
                       48 FR 29136, June 24.1983]
    											923.97 Applications for subsequent pro-
                         923.96 Applications for subsequent pro-	gram implementation grants.
                        gram development grants.                     (a) Second and subsequent year ap-
                         (a) Subsequent development grants            plications will follow the procedures
                       will follow the procedures set forth in        set forth in 923.95 except that:
                       923.95. Additionally, the program              (1) The Governor's document desig-
                       design discussed in 923.95(d) shall be      	 nating the State agency to receive and
                       updated to:                                    administer the grant is not required
                         (1) Describe the anticipated                 unless there has been an approved
                       and content of the of the management rpo-
                       gram, including the major issues the            (2) Copies of the approved manage-
                       program will address, and the politics            ment program and approved changes
                       and management techniques that will            are not required.
                       be proposed to address these issues;            No award for continued funding
                         (2) Describe how the past year's             pursuant to section 306 will be made
                       work contributed to the accomplish-            until an evaluation of the State's pro-
                       ment of the overall program design             gram pursuant to section 312 of the
                       and specifically to meeting the re-            Act has been conducted and findings
                       quirements for program approval:               have been made by the Assistant Ad-
                         (3) Examine and assess the need. If          ministor.
                       any, to modify the overall program
                       design or the program's goals and ob-		923.98 Applications for preliminary ap-
                       jectives or both in view of the above or       proval grants.
                       any emerging opportunities or prob-             (a) The primary purposes of prelimi-
                       lems; and                                      nary approval grants are to assist a
                         (4) Indicate when the State will             State in insuring ultimate implemen-
                       submit a management program to the             tation of a fully developed program
                       Asaistant Administrator for review and         design and to provide for initial impleme-
                       final approval pursuant to section 306         mentation of approved management
                       of the Act or for preliminary approval         elements. The purpose of these guide-

                                                             173

                     Nationai Oceanic and AtmosPhoric Adm.,
                                                                   Commerce                      � 923. 100
                     lines is to define the procedures by          and indicate the estimated cost of
                     which grantees apply for and adminis-         such contract(s)- an
                                                                                   , d
                     ter grants under the Act.                      (v) For each task. Indicate the esti-
                      (b) The following represent allow-           mated total cost. ALSO. indicate the es-
                     able subsection 305(d) costs:                 timated total PersOn-MOnths, of effoM
                      (1) Resolving section 306 deficien-          if any, allocated to the task from the
                     cies:                                         applicant's staff.
                      (2) Implementing those portions of a          (2) The sum of all task cost in the
                     State's coastal management Program            above paragraph Should equal the
                     for which sufficient authorities and          total estimated grant project c0sL
                     organizational structures are in place;        (3) Using two categories. profesdon.
                      (3) Updating coastal management              al and ClericaL indicate the total
                     programs if this updating would be an         number of Personnel In each category
                     allowable cost after section 306 ap-          on the applicant's staff that will be as.
                     proval.                                       signed to the grant projecL Also indi-
                      (c) The Form SP-424 and the Appli-           cate the number assigned full time
                     cation for Federal Assistance (Non-           and the number assigned less than full
                     Construction Programs), constitutes           time In the two categories. Additional-
                     the formal application. An original           ly, indicate the number of new posi-
                     and two (2) copies must be submitted          -tions created In the two categories as-a
                     at least 45 days prior to the desired         result of the grant proJecL
                     grant beginning date. The application
                                                                   (Executive Order 1237Z July 14. 1982 (47
                     must be accompanied by evidence of            PR 30959). as amended April a. 1983 (48 PR
                                                                         Me
                     compliance with E.O. 12372 require-           15587);  @ 401. Intergovernmental Coop.
                     ments including the resolution of any         eration Act of 1%8. as amended (31 U.&M
                     problems raised by the proposed               6506); 3ec 204. Demonstration Cities and
                     project. A grant will not be awarded          Metropolitan Development Act of 1M as
                     until E.O. 12372 requirements have            amended (42 U.&C. 3334)).
                     been completed.                               (44 FR 19595, Mar. 28, 1979. as amended at
                      (d) In Part M Program Narrative of           48 FR 29136. June 24.19831
                     the Form SP-424, the applicant should         9 923.99 Approval of applications.
                     respond to the following requirements.,        (a) The application for a grant by
                      (1) Set forth a work program de-
                     scribing the activities to be undertak-       any Coastal State which complies with
                     en during the grant period. This work         the policies and requirements of the
                     program shall include:                        Act and these guidelines shall be ap-
                      (1) A precise description of each            proved by the Assistant Administrator.
                     major task to be undertaken to resolve        assuming available funding.
                     section 306 deficiencies, and a specific       (b) Should an application be found
                     timetable for remedying these defi-           deficient, the Assistant Administrator
                     ciencies;                                     will notify the applicant in detail of
                      (ii) A precise description of imple-         any deficiency when an application
                     mentation activities for approved man-        fails to conform to the requirements
                     agement components. including a dem.          of the Act or these regulations. Con-
                     onstration that these implementation          ferences may be held on these mat-
                     funds will not be applied outside the         ters. Corrections or adjustments to the
                     approval coastal m" ement bound-              application will provide the basis for
                     aries;                                        resubmittal of the application for fur-
                      (iii) A precise description of any           ther consideration and review.
                     other  tasks necessary for and allow-          (c) The Assistant Administrator
                     able under subsection 305(d);                 may. upon finding of e                 cir-
                      Uv) For each task. identify my                           relating to applications for
                     subawardees that will be allocated re-        assistance, waive appropriate adynin
                     sponsibility for carrying out all or por-     traUve requirements contained in this-
                     tions of the tasirs and indicate the es-      subpart.
                     timated cost of the subaward for each         192&100 Grant            MtIL
                     allocation. Identif y. if any. that por-
                     tion of the task that will be carried          (a) Actions which require an amend-
       0             out under contract with consu.1tants          ment to a grant award such as a re-

                                                          174

                         � 923.101                                                    15 CFqR Ch. IX (1-1-93 Edition)
                         quest for additional Federal funds,                 sidence and saltwater intrusion and by the
                         changes in the amount of the non-                   destruction of natural protective features
                         Federal share. changes in the ap.                   such as beaches, dunes. wetlands. and bar-
                         proved Project budget as specified In               rier islands.
                         Attachment K of OMB Circular A-                       (C) Priority consideration being given to
                         102, or extension of the grant period                  coastal dependent uses and orderly process-
                         must be submitted to the Assistant              tional defense, energy, fisheries develop.
                         Administrator and approved In writing               ment, recreation, ports and transportation.
                         by him/her and the NOAA Grants Of-                  awl the location. to the maximum extent
                         ficer prior to initiation of the contem-            practicable of new commercial and industri-
                         plated change. Such requests should                 al developments in or adjacent to areas
                         be submitted at least 30 days prior to              where such development already exists.
                         the Proposed effective date of the                    (D) Public access to the coasts for recrea-
                         change and. if appropriate. accompa-                tion purposes
                         nied by evidence of compliance with                   (E) Assistance In the redevelopment of de-
                         A-95 requirements.                                  teriorating urban waterfronts and ports.
                          (b) NOAA shall acknowledge receipt                 sensitive preservation and restoration of his-
                                                                             toric. cultural, and esthetic coastal features.
                         of the grantee's request within the ten               (F) The coordination and simplification of
                         (10) working days of receipt of the cor-            procedures in order to ensure expedited gov-
                         respondence. This  notification shall      		 ernmental decisionmaking for the manage-
                         indicate NOAA's decision regarding                  ment of coastal resources.
                         the request; or indicate a time-frame                (G) Continued consultation and coordina-
                         within which a decision will be made.               tion with, and the giving of adequate coqnsid,
                                                                             eration to the views of. affected Federal
                                                                             agencies.
                         Subpart K - Improving Coastal Zone                  (H) The giving of timely and effective no-
                         		   Management				       tification of and opportunites for public
                         Authoritt:  Secs. 303 and 306. Coastal			and local government participation in coast-
    			   Zone Management Act and sec 5. Coastal			al management decisionmaking and
    			   Zone Management Improvement Act of			  (I) Assistance to support comprehensive
    			   1980.								planning, conservation, and management
    			    Source: 47 FR 21019 May 17, 1982 unless		for living marine resources including plan-
    			   otherwise noted.						aqauaculture facilities within the coastal
    												zone.

    				 923.101  General.					(2) Section 306(a).
    				  (a) Statutory citations:
    				  (1) Section 303(2)					  The Secretary may make grants to any
    												coastal State for  not more than 80 per
    				  The Congress finds and declares that it is	centum of the costs of administering such
    				the national policy -- 					State's management program if the Secre-
    				 								tary --
    				(2) To encourage and asssist the States to	(3) Finds. If such prgram has been ad-
    				exercise effectively their responsibilities in	ministered with financial assistance under
    				the coastal zone through the development		this section for at least one year, that the
    				and implemenation of management pro-		coastal State will expend an increasing por-
    				grams to achieve wise use of the land and		tion of each grant received under this sec-
    				water resources of the coastal zone, giving	tion (but not more than 30 per centum of
    				full consideration to ecological cultural his-	the grant unless the State chooses to
    				toric, and esthetic values as well as to the	expend a higher percentage) on activities
    				needs for economic development which pro-		that will result in achieving the coastal man-
    				grams should at least provide for -			agement objectives specified in Section
    				  (A) The protection of natural resources		303(2XA)-(I).
    				including wetlands, floodplains, estuaries	  (b) States whose approved programs
    				beaches, dunes, barrier islands, coral reefs	have been administered for at least
    				and fish and their habitat, within the coast-	one year with section 306 funds must
    				al zone.							expend an "increasing proportion" of
    				  (B) The management of coastal develop-		each subsequent section 306 financial
    				ment to minimize the loss of life and proper-	assistance award on activities that will
    				ty caused by improper development in		result in "significant improvement" in
    				flood-prone, storm surge, geological hazard	achieving certain national coastal
    				and erosion-prone areas and in areas of sub-

    											175

                      National Oc*anic and Atmosph*ric Adm., Commorce                                  � 923.103
                      management objectives. This subpart             management requirements contained
                      defines -significant improvement," de-          in the approved program
                      scribes the process for determining               (ii) Streamlined intergovernmental
                      which significant improvement activi.           coordination and public partteipation
                      'ties a State may perform establishes           mechanism .
                      the formula for determining "increas-             (5) The following to the extent they
                      ing proportion." and sets forth the             exceed what 13 required by an ap-
                      consequences of failure to pursue sig-          proved program.
                      nificant Improvements.                            W Development of natural resource
                      � 923.102 Significant improvement de-           information critical to rnwidn in-
                         fined.                                       formed coastal management decisions.
                                                                        (U) Development and Unplementa.
                        (a) A "significant improvement" is            tion of State and local strategies,
                      an accomplishment that addresses any            project.% and management programs
                      of the objectives of section 303(2XA)           for coastal resources and uses.
                      through (D by.
                        (1) Substantially expanding the               � 923-103 Selection and approval of activi-
                      scope of the approved program (such                ties leading to significant improve.
                      expansion of program scope includes.               menta.
                      but is not limited to an amendment or
                      routine program implementation). or               (a) The State will take the initiative
                        (2) Substantially strengthening the           in proposing significant improvement
                      ability of the State to implement or            activities. The State's financial assist.
                      enforce the approved program                    ance application will describe the man.
                                                                      agement activities it will Perform and
                        (b) Significant improvements in-              the significant improvements it ex-
                      clude, but are not limited to, the fol.         pects to achieve over the course of the
                      lowing types of accomplishments:                next financial assistance award period.
                        (1) The adoption of new enforceable           This description will clearly identify
                      policies for coastal decistonmaking of          specific schedules and expected Prod-
                      the conversion of nonenforceable (en-           uctjL
                      .couragement) policies to enforceable             (b) Based on the results of the con-
                      policies. The State (or local govern-           tinuing review described in 15 CFR
                      ment) may adopt new policies by legis-          Put 928, the Assistant                    tor
                      lation, rulernalting. memoranda of un.          will determine in consultation with
                      derstanding, executive order or other           the State if the man ement activities
                      legally sufficient means.                       proposed by the State tire likely to
                        (2) The adoption of refined enforce-          result in significant, improvement in
                      able policies for coastal decisionma-k-         achieving the coastal'              ent ob-
                      ing including:                                  Jectives of section 303(2XA) through
                        W More specific standards for the             (I).
                      implementation of existing statutes.              (c) The States and the AssistantAd-
                        (U) Site specific management plans            ministrator will negotiate an agree.
                      for areas designated a3 Areas of Par.           ment at the beginning of each finan-
                      ticular Concern and Areas for Preser-           cial assistance award period establish-
                      vation or Restoration or other areas            ing: (1) The specific sigmificant im.
                      beyond what is required by the. ap-             provement objectives to be achieved
                      proved program.                                 during the financial assistance award
                        (3) The extension of existing en-             period. (2) the Federal funds to be de-
                      forceable coastal mana ement Policies           voted to each task. and (3) the basis
                      to new geographic areas beyond what             for assessing the State's progress in ac,
                      is required by the approved program             complishing each significant improve-
                        (4) Development of more effective or          ment ta&IL The agreement will be in-
                      efficient administration of the ap-             cluded as part of the financial assist.
                      proved management program includ-               ance award. There is no requirement
                      ing.                                            that the State address each of the
                        (i) Improved capability. of the coast-        nine signi IcLnt improvement obJec-
                         management agencies to implement tives within in individual financial as-
                      State coastal regulatory. planning. and         sistance award Period-
        0             ILI

                                                             176

                      � 923.104                                                15 CFR Ch. IX (1-1-93 Edition)
                       (d) if unforeseen circumstances arise        � 923.105 Failure to agree to pursue signif-
                      that affect the accomplishment of any              icant improvement.
                      significant improvement task. the                (a) If a State chooses not to pursue
                      State must provide the Assistant Ad-           significant improvements In accord-
                      ministrator with prompt notice and            ance with this subpart. the Secretary
                      negotiate with the Assistant Adminis-          must withhold all financial assistance
                      trator any necessary changes to the            under section 306. However, a decision
                      schedule and products before the               not to award section 306 funds does
                      scheduled completion dates. The As-            not necessarily require withdrawal of
                      sistant Administrattor shall provide the      program approval. A State may con-
                      State agency with a schedule for nego-         tinue to implement and enforce its ap.
                      tiation and a time certain when a deci-        proved program with State funds.
                      sion will be available to the State            Under these circumstances, a State
                      agency. Any such changes will be               win still be able to exercise its Federal,
                      made part of the agreement included            consistency review rights under sec-
                      in the financial assistance award.             tion 307 and will remain eligible for
                       (e) Significant improvements need             CEIP funds if it meets all other eligi-
                      not be achieved within the period Of           bility requirements.
                      one financial assistance award if there          (b) A discussion of the procedures by
                      Is specific reason to identity a longer        which the Assistant Administrator will
                      period.                                        evaluate whether a State has failed to
                       923.104 Establishing the "Increasing pro-     make significant improvements is con-
                         portion".                                  tained in 15 CFR Part 928, Review of
                                                                     Performance of State Coastal Manage-
                       (a) During the first year a State is          ment and Coastal Energy Impact Pro.
                      required to make significant improve-          grams.
                      ments (its second 306 award). it must
                      agree to expend 20 percent of the Fed-
                      eral share of its upcoming section 306             PART 924 - MONITOR MARINE
                      financial assistance award on activities                      SANCTUARY
                      designed to lead to significant im-
                      provements. Thereafter, the State              Sec.
                      must agree to constant incremental in-         924.1 Authority.
                      creases of at least one percent in each        924.2 Description of the Sanctuary
                      succeeding year. The amount to be              924.3 Activities prohibited within the Sanc-
                      spent on significant improvements will             uary.
                      be determined by multiplying the aqp-          924.4 Penalties for commission of prohibit-
                      plicable percentage by the amount of               ed acts.
                      Federal funds actually received.               924.5 Permitted activities.
                       (b) In no case may a State be re-             924.6 Permit procedures and criteria.
                      quired to expend more on significant	     924.7 Certification procedures
                      improvement activities than the incre-         924.8 Appeals of administrative action.
                      mental increases established by this             Authority: Sece 302 and 303, Pub. L. 92-
                      section. However, States may voluntar-         532. as amended: 86 Stat. 1061 (16 U.S.C
                      ily exceed the minimum requirement             1432 and  1433).
                      on significant improvement expendi                Source: 40 FR 21706, May 19, 1975 unless
                      tures established by this section. The        otherwise noted
                      failure to make significant improve-
                      ments as a result of those expendi-             924.1		Authority
                      tures in excess of the minimum re-,              The     Sanctuary has been designated
                      quirement will not result in any reduc-        by the        Secretary of Commerce pursu-
                      tion in financial assistance under the         ant       the authority of section 302(a)
                      provisions of 928.5(a). unless such          of the  Act. The following regulations
                      failure results In an unjustified devi-     are issued pursuant to the authorities
                      ation under 928.5(b).	                    of sections 302(f), 302(g) and 303 of
    										  the Act.

    									177

                        National Oceanic and Atmospheric Adm., Commerce                                         � 928.2

                         tablish minimum and maximum State                   sistance award levels will be set f 0
                         allocations.                                            base level allocations, any adjustrn
                            Allocation formula factors and                    under paragraph (e) of thts          ion.
                         weighting. Each State eligible to re-                  and in accordance with the ovisions
                         cei a financial assistance award shall               of section 312(a).(c).    (d). Award
                         be ocated an amount of the total                     levels may fall below   e one percent
                         available Federal funding based
                           (1) minimum share (established by                    306(b) for p         of implementing
                         the Assistant Administrator) of the                   section 312 of the Act.
                         total  funding available for allocation                (Secs. 3 and 317 of the Coastal Zone min-
                         to elligible State coastal management                   ace         t Act)
                         programs plus                                                    21021. May 17.19821
                           (2) A   proportionate share of the re-
                         mainder   be divided as follows:
                           (i) Sixty percent will be allocated                               PART 928-REVIEW OF'
                         based on  each eligible State's propor-                           PERFORMANCE
                         tionate share of the length of tidal
                         shoreline and/or Great Lake shoreline
                         mileage of all participating States                  Sec.
                         based on th most recently available                  928.1 General.
                         data from or accepted by the National               928.2 Definitions.
                         Ocean Survey, and                                    928.3 Procedure for conducting continuing
                           (ii) Forty percent will be allocated              reviews of approved State CZM pro-
                                                                             graml.
                         on each eligibl State's                             920q&4 Public participation.
                         share of the         gate population of              920q&5 Enforcement.
                         all coastal count    contained in whole              Au=onrrr. Section' 312 of the Coastal
                         or in pwt within the designated C0913t-              Zone 6Maagement Act.. as amended (16
                         al boundary of      eligible State coast-            U.S.C. 1458).
                         al programs b        on official data or             SouRcc 47 6PR 21021. May 17, 1982. unless
                         the most recent U     census.                        otherwise notedL

                         (3) Should any                base alloca-
                         tion exceed the m               established          I 921LI General.
                         by the Assistant                rator. the           This pad sets -forth the require-
                         excess amount sh"         be subtracted              ments for review of approved State
                                                                              coastal zone management (CZ8qM) pro-
                         from the established aximum and re-

                         ,distributed propcrti ately among                    grams pursuant to section 312 of the
                         those eligible States      th allocations            Act (16 U.S.C. 1458). This part defines
                         not exceeding the es       blished              "continuing review" and other impor-
                         MUM.                                                 tant terms, and sets forth the proce-
                         (d) Use of the alloca ton formul                    dures for.
                         The allocation formula             be used           (a) Conducting continuing reviews of
                         to establish base level            tons f or         approved State CZM programs;
                         each State coastal m           ement pro-            (b) Providing for public participa-
                         gram eligible to receive        eral fund-           tion:
                         ing.                                                 (C) Invoking interim sanctions for
                         (e) Adjustment for  down Of                      non-adherence to an approved coastal
                         Federal funding. The Assts        t Admin-           zone management program or a por-
                         istrator may adjust base lev I alloca-               tion of such program; and
                         tions as necessary to impl ent a                     (Y Withdrawing program approval
                         phase down of Federal finan &I sup-                  and 2f2qin0qanc8ql4qa2qX assistance.
                         port. Any such adjustment s           be im-
                         plemented in a manner whic gives                     [57 12qP12qR 31113. July 18q4.198q926q1
                         some priority to recently                 ved        � 90q220q&0q2. Definitions.
                         State coastal management
                         Options for Implementation                           (a) Continuing review means moni-
                         down will be submitted to t           S tes          toring State performance an an ongo-
                         for review and comment.                              ing ban's As part of the continuing
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                                                                   178

                    � 92IL3                                            15 CER Ch. IX (1-1-93 Edition)

                    ten. findings will be produced at least      (g) Assistant Administrator mesm
                    once every three years.                    the Assistant Administrator for Ocean
                      (b) Adherence means to comply with       Services and Coastal Zone Manage-
                    the approved CZM program and finan-        ment, or the NOAA Official responsi-
                    cial assistance award or work program.     ble for directing the Federal Coastal
                      (c) Intertm sanction means suspen-       Zone Management ProffranL
                    sion and redirection of my pofUon of       (47 PR 21021, Kay 17. 191M as amended at
                    fimmcial assistance extended to any        57 PR 31113. July 14. 1MI
                    coastal State under this title, If the
                    Secretary determines that the coastal        92U pmcedure for conducting continu.
                    State 13 failing to adhere to the man-        Ing reviews of approved State CZM
                    agement program or a State plan de-           programs.
                    veloped to manage a national estua-          (a) As required by section 312(a), the
                    rine reserve, or a portion of the pro-     Secretary qh%Lll conduct a continuing
                    gram or plan approved by the Secre-        review of the performance of coastal
                    tary. or the terms of my grant or co-      States with respect to coastal manage-
                    operative agreement funded under           ment. Each review shall include a writ-
                    this title.                                ten evaluation with an assessment and
                      (d) Approved CZX program means           detailed findings concerning the
                    those elements of the program aP-          extent to which the State has imple-
                    proved by the Secretary. under 15          mented and enforced the program ap-
                    CPR part 923 (Development and Ap-          proved by the Secretary. addressed the
                    proval Provisions), including any          coastal management needs identified
                    changes to those elements made by ap-      in section 303(2XA) through M. and
                    proved amendments and routine pro-         adhered to the terms of any grant
                    gram implementation.                       loan. or cooperative agreement funded
                      (e) Financial assistance award           under this title (16 U.S.C. 1451-1464).
                    means a legal instrument that creates        (b) Continuing review procedure&
                    a relationship between the Federal         (1) Each State will submit a financial
                    government and another entity (recip-                  application or work pro-
                    ient). The principal purpose of the        Mistance
                    award is the transfer of money or serv.    gram. whichever is applicable. on a
                    ices in order to accomplish a public       timetable negotiated with the Assist-
                    purpose authorized by Federal statute.     ant Administrator. describing the
                    The term "financial assistance award!'     tasks to be undertaken by the StAte
                    encompasses grants, loan , and cooper.     for the purpose of imMementinc and
                    ative agreements. The following ele-       enforcing Its approved.C234 program
                    ments constitute the award:                  (2) For the purpose of evaluation.
                      (1) The work program described in        the States will submit performance re-
                    the approved application;                  ports as specified in the Special Award
                      (2) The budget;                          Conditions. or. if the State Is not re-
                      (3) The standard terms and condi-        ceiving an award. as negotiated with
                    tions of the award:                        the Assistant              tor. The re-
                      (4) Any special award conditions In-     ports will address all areas identified
                    cluded with the award;                     in each State's Performance Report
                      (5) The statutes and regulations         Guidelines.
                    under which the award Is authorized;         (3) The Assistant Administrator will
                    and                                        collect information on the State C2M
                      (6) Applicable OM33 cost principles      programs on a continuing basis. At the
                    and administrative requirements-           beginning of.each evaluation. the As-
                      (f) Work program mews a descrip-         aisunt Administrator will, analyze
                    tion of the tasir to be undertaken by a    avLil- le Information. identify infor-
                    State f 6r a given time period for the     mation gaps, and formulate any addi-
                    purpose of implementing and enforc-        tional information needs that wM be
                    ing an approved CZM program. The           the subject of a supplemental informa-
                    work program is submitted an a Part of     tion request to the State.
                    a Federal financial assistance &VPUCIL-      (4) The Assistant    minixtrLtor may
                    tion. or separately in the absence of      conduct a site visit as a part of the
                    Federal fin-n 'a' assistance.              evaluation-

                                                       179

                    National Ocoanic and Atmasphoric Adrn., CommOrce                              � 928.3
                    (5) Draft findings of the evaluation
                    ,will be transmitted to the State. The             '@@Idrements for continuing
                                                                 review of aul)roved State    czM pro-
                    'State will have a minimum of two            grams.
                    weeks from receipt of the draft find-         (1) Scope Of continuing reviews. The
                    ings to review them and provide com-         continuing review of a state-s ap.
                    ments to the Assistant Administrator.        proved CZM program wM include an
                    This review time may be extended             evaluation of the extent to which the
                    -upon request from the State.                State has:
                     (6) Within two weeks from receipt of         (1) Implemented and enforced the
                    the draft finding& a State may request       program approved by the secretary-,
                    a meeting with the Assistant Adminls-         (H) Addressed the coastal manage-
                    trator to discuss the draft findings and     ment needs identified In section 303(2)
                    the State's comments. -                      (A)-(K) (16 U.S.C. 1452): and
                     (7) The Assistant Administrator will         (Ui) Adhered to the terms of finan.
                    issue final findings i@ the State CZM        cial assistance awards.
                    program manager and the head of the           (2) Procedure for assessing a4V&er-
                    State CZM agency within 120 days of          ence to the approved CZM progra= (j)
                    the last public meeting in the State.        In reviewing adherence of ar State to
                    Copies of the final findings will be         its approved CZM program the Assist.
                    sent to all persons and organizations        ant               r will evaluate all as-
                    who participated in the evaluation.          pects of the "approved CZM program"
                    Participants may be asked to complete        as defined in I 92&2(d). The evalua-
                    a card or sign-in sheet provided by the      tion will examine the extent to which:
                    evaluation team indicating that they          (A) The State is implementing and
                    wish to receive the final findings.          enforcing its approved C2M program;
                    Notice of the availability of the final       (B) The management agency is ef.
                    findings will also be published in the       fectively playing a leadership role in
                    P=RAL RzrisTm                                coastal Issues. monitoring the actions
                     (8) The final findings will contain a       of appropriate State and local agencies
                    section entitled "Response to Written        for compliance with the approved
                    Comments." This section will include a       CZM program. and assuring the oppor-
                    summary of all written comments re-          tunity for full participation of all in-
                    ceived during the evaluation and             terested entities in CZM program im-
                    NOAA's response to the comments. If          plementation; and
                    appropriate, NO_AA*s response will in-        (C) The management agency is ef-
                    dicate whether NOAA agrees or dis-           fectively carrying out the provisions of
                    agrees with the comment and how the          Federal consistency.
                    comment has been addressed in the             (U) The findin         concerning the
                    final findings.                              State's adherence to its approved CZM
                     (9) The Assistant Administrator may         program will be -used in negotiating
                    conduct issue or problem-specific eval-      the next financial assistance award or
                    uations between scheduled evaluations        work program. whichever is applicable.
                    of approved State CZM programs.               (3) Procedure for assessing how the
                    Such issue or problem-gpecific evalus-       State has addressed the coastal man-
                    tions will be conducted to follow-up on      agement needs identified in section
                    potentially serious problems or Issues       303(2) (A)-(K). The assessment of the
                    identified In the most recent sched-         extent to which the State has ad-
                    uled evaluation or to evaluate evidence      dressed the coastal management needs
                    of potentially serious problems or           Identified in section 303(2) (A)-(K)
                    issues that mik arise during day-to-         will occur as follows:
                    day monitoring of State performance           (1) The State, in it& verformance
                    of grants tasks or other program im-         report. will provide the Assistant Ad-
                    plementation activities in the interim       ministrator with a listing of all actions
                    between scheduled evaluationa. If the        it is tairin during the performance
                    Assistant Administrator conducts an          report period to address the national
                    issue or problem specific evaluation.        coastal management needs and how
                    he/she will comply with the proce-           these actions relate to conditions in
                    dures and public participation require-      the State and the objectives and prior-
                    ments of 15 CPR 928.3 and 928.4.             ities in the State CZM program-

                                                           1 so

                    � 928.4                                                  15 CFR Ch. IX (1-1-93 Edition)
                      (ii) The Assistant Administrator, in           (d) Requirements for continuing
                    the evaluation findings. will assess the       review of State coastal energy impact
                    extent to which the State's actions are        program.
                    targeted to meeting identified "needs"           (1) Scope of continuing review & The
                    and the effectiveness of the actions in        continuing review of State coastal
                    addressing those needs. Based on this          energy impact programs will include
                    assessment, the Assistant Administra-          the following elements:
                    tor win make findings and recommen-              (1) An evaluation of the State's ad-
                    dations of the extent to which each            herence to the terms of financial as-
                    state is addressing the coastal man-           sistance adwards.
                    agement needs identified in section              (ii) An evaluation of the relationship
                    303.                                           between      coastal    energy       impact
                      (iii) The findings concerning how            projects and the approved CZM pro-
                    the State has addressed the coastal            gram.
                    management needs of section 303 will             (iii) A description of energy activities
                    be used by the Assistant Administra-               in coastal areas and the impact result-
                    tor in negotiating the next financial          ing from these activities; and
                    assistance award.                                (1v) An evaluation of the effective-
                      (4) Procedure for assessing adher-          ness of the coastal energy impact pro-
                    ence to the terms of financial assist-          gram In dealing with these conse-
                    ance awards. (1) Adherence to finan-         quences.
                    cial and administrative terms of each            (2) Procedure for assessing adher-
                    financial assistance award will be de-         ence to the terms of financial assist-
                    termined by the NOAA Grants Office             ance award. See I 928.3 (c)(4).
                    and the Department of Commerce In-             (47 FR 21021. May 17. 1982, as amended at
                    spector General. Adherence to pro.             57 FR 31114, July 14.1992}
                    grammatical terms of each financial as-          1928.4 Public participation.
                    sistance award will be determined by
                    the Assistant Administrator and the              (a) As required by section 312(b) of
                    NOAA Grants Office.  These determi-           the Act in evaluating a coastal State's
                    nations will be made in accordance             performance, the Secretary shall con-
                    with the requirements outlined in              duct the evaluation in an open and
                    these regulations, the findin of a fi-         public manner and provide full oppor-
                    nancial audit of the award, and the            tunity for public participation, includ-
                    following criteria:                            ing holding public meetings in the
                      (A) Compliance with the statute,             State being evaluated and providing
                    regulations, and applicable OMB cir-           opportunities for the submission of
                    culars;                                        written and oral comments by- the
                      (B) Submission of required reports           public. The Secretary shall provide
                    and satisfactory completion of work            the public with at least 45 days notice
                    products as described in the approved          of such public meetings by placing a
                    application and within the timeframe           notice in the FEDERAL REGISTER, by
                   specified;                                     publication of timely notices, In news-
                      (C) Compliance with Standard                 papers of general circulation within
                    Terms and Conditions and Special               the State being evaluated, and by com-
                    Award Conditions within the specified          munications with persons and organi-
                    timeframes.                                   zations known to be interested in the
                                                                   evaluation. Each evaluation shall be
                      (D) Use of award funds only for ap-          prepared in report form and shall In-
                    proved projects; and                           clude written responses to the written
                      (E) Substantive modification of ap-          comments, received during the evalua-
                    proved projects only with the prior            tion process.
                    agreement of NOAA.                               (b) Requirements. <1> The assistant
                      (ii) The findings concerning adher-            Administrator will publish a Notice of
                    ence to the terms of financial assist-         Intent to Evaluate in the FEDERAL REG-
                    ance awards will be used In negotiating        ISTER at least 45 days before the public
                    the next financial assistance award. if        meeting(s). The notice will include a
                    any.                                           Statement of the availability of the

                                                             181

                      National Oceanic and Atmostpheric Adm., Commerce                                  � 928.5
                      State's performance report and the             (B) The terms of any, grant or COOP-
                   -supplemental information request.               erative agreement funded under this
                      (2) Each State will issue a notice of         title (16 U.S.C. 1451-1464).
                      the public meeting(s) in its evaluation        (ii)Financial assistance may not be
                      by placing a notice in the                    suspended under Paragraph (a)(1)(i)of
                      newspaper(s) of largest circulation in        this section unless the Secretary pro.
                      the coastal area where the meeting(s)         vides the Governor of the coastal
                      is being held and by taking other rea-        State with-
                      sonable action to communicate with             (A) Written specifications and a
                      persons and organizations known to be        schedule for the actions that should
                      interested in the evaluation. such as         be taken by the State in order that
                      sending a notice of the meeting(s) to        such suspension of financial assistance
                      persons on its mailing list and publish-      may be withdraw; and
                      ing a notice in its newsletter at least       (33) Written specifications stating
                      45 days before the date of the Public         how those funds from the suspended
                      meeting(s). The State will provide a      financial assistance shall be expended
                      copy of such notice to the Assistant          by the coastal State to take the ac-
                      administrator. States are encouraged          tions referred to in paragraph
                      to republish the newspaper notice at          (a)(0MIXA) of this section.
                      least 15 days before the date of the           4M The suspension of financial as
                      public meeting(s). The State will             sistance may not last for less than 6
                      inform the public that oral or written        months or more than 36 months after
                      comments will be accepted and that            the date of on.
                      attendance at the public meeting(s) is          (2) Requirements (I) The Assistant
                      not necessary for submission of writ-         Administrator will. Identify the need
                                                                    for interim sanctions through the con-
                      ten comments.                                 tinuing review process. The Assistant
                       (3) Notice of the availability of final      Administrator will use the criteria at
                      finding will be published in the FED-          15 CFR 928.5(a)(3) in determining
                      ERAL  REGISTER. The notice Will state           when to invoke interim sanction&
                      that copies of the final finding will be     (ii) The Assistant administrator will
                      available to the public upon written          issue the State a preliminary finding
                      request. Copies of the final finding           of non-adherence with the approved
                      will be sent to persons and organiza-         CZM program, or a portion thereof,
                      tions who participated in the evalua-         and/or with a term or terms of a grant
                      tion. in accordance with 15 CPR               or cooperative agreement. This prelim-
                      928.3(b)(7).                                  inary finding of non-adherence may be
                      {41 FR 21021. May 17. 1982, as amended at     contained in the draft evaluation find-
                      57 FR 31114. July 14.1992}                    tained in a preliminary notification
                                                                    letter to the State CZM program man-
                      � 928.5 Enforcement.                          ager. If the preliminary finding is con-
                                                                    tained in a preliminary notification
                        (a) Procedures and criteria for in-         letter, the Assistant Administrator will
                      voking and lifting interim sanctions.         comply with the applicable public Par-
                      (1) As required by section 312(c) of the      ticipation requirements of section
                      Act:                                          312(b) and NOAA's regulations. at 15
                        (I) The Secretary may suspend pay-          CPR 928.4. The draft evaluation find-
                      ment of any portion of financial assist-      ing or preliminary notification letter
                      ance extended to any coastal State.           containing a preliminary finding of
                      Lad may withdraw any unexpended               non-adherence will explain that if the
                      portion of such assistance, if the Sec-       finding of non-adherence is issued. the
                      retary determines that the coastal            State is subject to suspension of finan-
                      State is failing to adhere to-               cial assistance and, if the State falls to
                        (A) The management program or a            take the actions specified pursuant to
                      State plan developed to manage a na-         section. 312(c) and this part, to with-
                      tional estuarine reserve established         drawal of program approval and finan-
                      under section 315 of the Act (16 U.S.C.       cial assistance.
                      1461), or a portion of the program or           (III) The State will be given 30 days
                      plan approved by the Secretary; or           from receipt of the draft evaluation

                                                         182

                    � 928.5                                              15 CFR Ch. IX (1-1-93 Edition)
                    findings or preliminary notification         (vi) The State must respond to the
                    letter to comment on and rebut the          final evaluation findings or final noti-
                    preliminary finding of non-adherence.       fication letter by developing a pro-
                    During this 30-day period, the State        Posed work program to accomplish the
                    may request up to 15 additional days        required actions on the schedule set
                    to respond, for a maximum of 45 days        forth in the final evaluation findings
                    from receipt of the draft evaluation        or final notification letter. The State
                    findings or preliminary notification        may propose an alternative approach
                    letter.                                     to accomplishing the required actions

                   (iv) After considering the State's           and\or an alternative schedule.  The
                    tor will decide whether or not to issue     Assistant Administrator's approval of
                    a final finding of non-adherence. If        the State's work program will signify
                  he/she will do so in the final evalua-        his\her agreement with the approach
                                                                and schedule for accomplishing the ac-
                                                                tions necessary to withdraw the sus-
                                                                pension.

                    tion findings issued pursuant to sec-        (vii) The Assistant Administrator
                    tion 312(b) or In a final notification      will monitor State performance under
                    letter as provided by paragraph             the work program. This may involve
                    (a)(2)(ii) of this section. The Assistant     additional direction to the State
                     Administrator may invoke interim           through the grant administration
                    sanctions provided by section 312(c)        process and/or a visit to the State by
                    immediately or at any time after issu-      appropriate NOAA program staff,
                    ing the final evaluation findings or        evaluation staff and/or other experts
                    final notification letter containing the    to work, with the State on a specific
                    finding of non-adherence, but not           problem or issue. The Assistant Ad-
                    later than the next regularly sched-        ministrator will consider proposals to
                    uled evaluation.                            revise the work program on a case-by-
                     (v)If the Assistant administrator          case basis, providing that the State
                    decides to invoke interim sanctions,        will still be able to accomplish the nec-
                    he/she will do so by sending the final      essary actions within a maximum of 36
                    evaluation findings or final notifica-      months.
                    tion letter to the Governor of the           (viii) The State must document that
                    State and the State CZM program             it has taken the required actions on
                    manager. The final evaluation find-         the schedule established under this
                    ings or final notification letter will      section. The State must provide its
                    contain the information required in         documentation in writing to the  As-
                    section 312(c)(2) (A) and (B). This in-      sistant Administrator. The Assistant
                    formation will include the amount of        Administrator may conduct a follow-
                    financial assistance to be suspended        up evaluation or otherwise revisit the
                    and redirected, the actions the State     State at his/her discretion.
                    should take in order to have the sus-       (ix) If the Assistant Administrator
                    pension withdrawn. how the suspend-         determines that the required actions
                    ed funds shall be expended to take the      have been taken, the Assistant Admin-
                    required actions, and a schedule for        istrator will promptly notify the Gov-
                    taking the required actions. The final      ernor and the State program manager,
                    evaluation findings or final notifica-      in writing, that NOAA has withdrawn
                    tion letter will also contain the length    the suspension of financial assistance.
                    of the suspension, which may not last       If, however,  the State does not take
                    for less than6 months or more than         the required actions, then the Assist-
                    36 months. The Assistant Administra-        ant Administrator will invoke the final
                    tor will establish the length of the sus-   sanction provisions of section 312(d)
                    pension based on the amount of time         on program termination and with-
                    that is reasonably necessary for the        drawal of all financial assistance.
                    State to take the required actions. If       (3) Criteria for invoking interim
                    the State can take the required ac-         sanctions. (i) The Assistant Adminis-
                    tions faster than expected, the suspen-  trator may  consider the following indi-
                    sion can be withdrawn early (but not        cators of non-adherence to an ap-
                    in less than six months).                   proved State CZM program in deter-

                                                          183

                      National Oceanic and AtmOsPhoric Adm., Commerce                                 � 928-5
                      mining whether to invoke interim              could include: Not reviewing Federal
                      sanctions.                                    activities. Federal licensw and per-
                      (A) Ineffective or inconsistent imple.        mits, including Offshore Oil and gas ex-
                      mentation of legally enforceable poli-        ploration and development. and Feder.
                      cies included in the CZM program. In-         al financial assistance to State and
                      dicators of Ineffective or Inconsistent       local governmen for consistency with
                      implementation could include: evi-            the approved C2W program or em-
                      dence of non-compliance with core au-         ploying review procedures that are not
                      thorities by the regulated community.         in accordance with State and NOAA
                      Insufficient monitoring and Inspecting        regulations.
                      of coastal development to ensure that          (E) Inadequate opportunity for
                      It conforms to program requirements           intergovernmental cooperation and
                      and applicable conditions; or inad-           public participation in       anagement
                      equate enforcement action when de-            program implementation. Indicators
                      velopment is found not to be In com-          of inadequate opportunity could in-
                      Pliance with the program or permit            clude. not carrying out procedures nec-
                      under which it Is authorized or Is            essary to insure adequate consider-
                      found to be an unpermitted activity.          ation of the national interest In facill-
                      In applying this indicator. NOAA will         ties which are necessary to meet re-
                      consider my available evidence of the         Quirements which are other than local
                      impacts of Ineffective or Inconsistent        In nature, not Implementing effectIve.
                      implementation on coastal resourcm            ly mechanisms for continuing consul.
                      (B) Inadequate monitoring of the ac-          tation and coordination. not providing
                      tions of State and local agencies for         required- notice that a management
                      compliance with the program. Indics-          program decision would conflict with a
                      tom of inadequate monitoring of these         local zoning ordinance, decision or
                      agencies could include: evidence- of          other action pursuant to section
                      non-compliance of networked agencies          306(dX3XBXI) and 15 CPR 923.57. or
                      with the C2M program.- unresolved             not providing opportunities for public
                      conflicts between agencies regarding          participation in permitting processes.
                      what constitutes compliance with the          consistency determinations and other
                      program. or lack of a mechanism to            similar decisions pursuant to new sec-
                      ensure that all State agencies will           tion 306(dX 14) after November 5. 1993
                      adhere to the program or to approved          and after states have been given rea-
                      local coastal programs pursuant to            sonable opportunity to comply with
                      NOAA's regulations at 15 CPR 923.40           NOAA's implementing guidance.
                      (and pursuant to new section                   (F) Non-adherence to the terms of a
                      306(d)(15), after November 5. 1993 and        grant or cooperative agreement. in-
                      after states have been given reasona-         cluding the schedule'-for funded activi-
                      ble opportunity to comply with                ties. The Assistant Administrator will
                      NOAA's implementing guidance).                also consider the extent to which- pri-
                       (C) Non-compLiance of local coastal          orities for expenditure of Federal
                      programs with the approved State pro-         funds reflect an appropriate priority
                      gram Indicators of non-compliance             for activities necessary to implement
                      could include: Local permitting or            and enforce core program authorities
                      zoninc decisions that am inconsistent         effectively.
                      with State standards or criteria. wide-        (0) Not submitting changes to the
                      spread granting of variances such as to       approved program for Federal approv-
                      render a zoning program Ineffective in        al on a schedule developed pursuant to
                      meeting State standards or criteria.          15 CPR 923.81(c) and 923.84(bX1XI) or
                      changes to local comprehensive plans          developing and implementing chan es
                      or zoning m       that are inconsistent       to the approved program without Ped-
                      with State standards or criteria, or in-      eral approval which are
                      adequate monitoring and enforcement.          with the Act or the approved program
                      as described in paragraph (&X3XiXA)           or which result In a reduced level of
                      of this section.                              protection of coastal jr   urces.
                       (D) Ineffective Implementation of              (U) The Assistant Administrator may
                      Federal consistency authority. Indics-        consider whether an indication of non-
                      ton of ineffective Implementation             adherence in of recent origin (in which

                                                             184

                   Pt. 929                                              15 CFR Ch. IX (1-1-93 Edition)

                   case the State may be given a reasona-      Federal  Register and will inform the
                   ble opportunity to correct it) or has       State of its right to a public hearing.
                   been repeatedly brought to the State's      (iii) If the State does not request a
                   attention without corrective action in      public hearing or submit satisfactory
                   determining whether to invoke inter-        evidence that It has taken the actions
                   im sanctions.                              specified pursuant to 15 CFR
                     (b) Withdrawal of Program approval        928.5(a)(2) within 30 days of publica-
                   and financial assistance (1) As re-       tion of this notice, and the Assistant
                   quired by Sections 312(d) and 312(e) of     Administrator determines that the
                   the Act:                                    State has failed to take the actions
                    (i) The Secretary shall withdraw aP-      specified pursuant to 15 CFR
                   proval of the management program of         928.5(a)(2), the Assistant Administra-
                   any coastal State and shall withdraw        tor will withdraw program approval
                   financial assistance available to that     and financial assistance and will notify
                   State under this title as well as any        the State In writing of the decision
                   unexpended portion of such Assist-          and the reasons for it. The notifica-
                   ance, if the Secretary determines that      tion will set forth actions that must be
                   the coastal state has failed to take the    taken by the State which would cause
                   actions referred to in paragraph            the Assistant  Administrator to cancel
                   (a)(l)(ii)(A) of this section.               the withdrawal.
                     (ii) Management program approval             (iv) If the State requests a public
                   and financial assistance may not be         hearing within 30 days of publication
                   withdrawn under paragraph (b)(1)(i)          of the notice of intent to withdraw
                   of this Section, unless the Secretary       program approval and financial assist-
                   gives the coastal State notice of the        ance, the Assistant Administrator will
                   proposed withdrawal and an opportu-         publish 30 days advance notice of the
                   nity for a public hearing on the PrO-       hearing in the Federal Register and
                   posed action. Upon the withdrawal of        the newspaper(s) of largest circulation
                   management program approval under           in the State's coastal zone. The hear-
                   paragraph (b)(1)(i) of this section, the      Ing will be held in a location conven-
                   Secretary shall provide the coastal         ient to the citizens of the State's
                   State with written specifications Of        coastal zone and a record of the hear-
                   the actions that should be taken, or        ing will be maintained. Within 30 days
                   not engaged in, by the State in order       of the completion of the hearing, the
                   that such withdrawal may be canceled        agency will make the determination as
                   by the Secretary.                           set forth in paragraph (b)(2)(iii) of
                     (2) Requirements. (i) If the Assistant     this section.
                   Administrator determines that the             (3) if program approval and finan-
                   State has not taken the actions re-         cial assistance are withdrawn pursuant
                   quired In 15 CFR 928.5(a)(2), the As-        to this section a notice will be placed
                   sistant Administrator will provide the      in the Federal Register and Federal
                   Governor and the State CZM program          consistency under section 307 of the
                   manager with written notice of this          Act will cease to apply to the State's
                   finding and NOAA's obligation to            CZM program.
                   withdraw program approval and finan-
                   cial assistance under this title. The       (47 FR 21021, MAY 17, 1982, as Amended At
                   State will be given 30 days from re-        57 FR 31114, July 14, 1992)
                   ceipt of this notice to respond with
                   evidence that it has taken the actions
                   specified pursuant to 15 CFR.
                   928.5(a)(2). During this 30-daY Period,
                   the State may request up to 30 addi-
                   tional days to respond, for a maximum
                   of 60 days from receipt of notice.
                     (ii) If the State does not respond sat-
                   isfactorily within the time allowed,
                   the agency will notify the state of
                   intent to take the proposed action.
                   This notice will be published in the

                                                          185

                    National Oceanic and Atmospheric Adm., Commerce                                      Pt. 930

                                                                     See.
                                                                     930.15 OCZM.
                                                                     930.16 Assistant Administrator.
                                                                     930.17 Federal agency.
                                                                     930.18 State agency.
                                                                     930.19 Management program
                                                                     930.20 Coastal zone.
                                                                     930.21 Associated facilities.

                                                                     Subpart C -- Consistency for Federal Activities

                                                                     930.30 Objectives.
                                                                     930.31 Federal activity.
                                                                     930.32 Consistent to the maximum extent
                                                                          practicable.
                                                                     930.33 Identifying Federal activities direct-
                                                                          ly affecting the coastal zone.
                                                                     930.34 Federal agency consistency determi.
                                                                          nations.
                                                                     930.35 Federal and State agency coordination.

                                                                     930.36 Availability of mediation for nega-
                                                                          tive determination disputes.
                                                                     930.37 Consistency determinations for pro-
                                                                          posed activities.
                                                                     930.38 Consistency determinations for ac-
                                                                          tivities initiated prior to management
             NOTE::     The CZMA's federal                                program approval.
             consistency regulations,                                930.39 Content of a consistency determina-
             15 C.F.R. Part 930.           These                        tion.                                                                 930.40 Multiple Federal agency particiPa-
             regulations are still author-                            930.40 Multiple Federal agency paricipation
             itative to the extent that they                         930.41 State agency response.
             are consistent with the 1990                            930.42 State agency disagreement
        amendments to the CZMA.                    However,         930.43 Availability of mediation for dis-
             where the regulations say                                    putes concerning proposed activities.
             "directly affecting the coastal                         930.44 Availability of mediation for previ-
             zone," they should be read as                                ously reviewed activities.
             "affecting any land or water use                             Subpart D -- Consistency for Activities
             or natural resource of the                                   Requiring a Federal License or Permit
             coastal zone."                                          930.50 Objectives.
                Per CZMA Sec.     307(c)(1)(A)                       930.51 Federal license or permit.
                                                                     930.52 Applicant.
                                                                     930.53 Management program license and
                                                                          permit listing.
                                                                     930.54 Unlisted Federal license and permit
                                                                          activities.
                      PART 930 FEDERAL CONSISTENCY                   930.55 Availability of mediation for license
                                                                          or permit disputes
                        WITH APPROVED COASTAL MAX-
                                                                     930.56 State agency guidance and assist-
                        AGEMENT PROGRAMS                                  ance to applicants: information require-
                                                                          ments.
                                 Subpart A --Objectives               930.57 Consistency certifications.
                      Sec.                                               930.58 Necessary data and information.
                                                                     930.59 Multiple permit review.
                      930.1 Overall objectives.

                                                                     930.61 Public notice.
                      930.10  Index to definitions.               930.62 Public hearings.
                      930.11  Act.                             930.63 State agency concurrence with a
                      930.12  Section.                                    consistency certification.
                      930.13  Secretary.                             930.64 State agency objection to a consist-
                      930.14  Executive office of the President.          ency certification.

                                                            186

                         � 930.1                                                       15 CFR Ch. IX (1-1-93 Edition)

                         Sec.                                                 Sec.
                         930.65 Federal permitting agency responsi-           930.115  Termination of mediation.
                             bility.                                           930.116  Judicial review.
                         930.66 Availability of mediation for previ-
                             ously reviewed activities.                       Subpart H Secretarial Review Related to the
                         Subpart E -- Consistency for Outer Continental       Objectives or Purposes of the Act and Na-
                             Shelf (OCS) Exploration, Development                tional Security Interests
                             and Production Activities                         930.120 Objectives.
                                                                              930.121 Consistent with the objectives or
                         930.70 Objectives.                                       purposes of the Act.
                         930.71 Federal license or permit activity            930.122 Necessary in the Interest of nation-
                             described in detail.                                 al security.
                         930.72 Person.                                       930.123 Appellant.
                         930.73 OCS plan.                                     930.124 Informal discussions.
                         930.74 OCS activities subject to State               930.125 Appeals to the Secretary.
                             agency review.                                   930.126 Federal and State agency re-
                         930.75 State agency assistance to persons;               sponses to appeals.
                             Information requirements.                        930.127  Public notice: receipt of comments.
                         930.76 Submission of an OCS plan and con-            930.128  Dismissal of appeals.
                             sistency certification.                          930.129  Public hearings.
                         930.77 Necessary data and information                930.130  Secretarial review.
                         930.78 Commencement of State agency
                             review; public notice.                           930.131  Federal agency responsibility.
                         930.79 State agency concurrence or objec-            930.132  Review initiated by the Secretary.
                             tion.                                            930.133  Public notice; receipt of comments;
                         930.80 Effect of State agency concurrence.               public hearings.
                         930.81 Federal permitting agency responsi-           930.134 Secretarial review; Federal agency
                             bility.                                                 responsibility.
                         930.82 Multiple permit review.
                         930.83 Amended or new OCS plans.                     Subpart I-Assistant Administrator Reporting
                         930.84 Review of amended or new OCS                      and Continuing Review of Federal Actions
                             plans; public notice.                                 Subject to the Federal Consistency Re-
                         930.85 Continuing State agency objections.                quirements
                         930.86 Failure to comply substantially with
                             an approved OCS plan.                            930.140 Objectives
                                                                              930.141 Notification of Federal actions be-
                         Subpart F-Consistency for Federal Assistance                 lieved to be inconsistent with approved
                                 to State and Local Governments                       management programs.
                                                                              930.142 Notification of Federal actions be-
                         930.90 Objectives.                                       lieved to have been incorrectly deter-
                         930.91 Federal assistance.                               mined to be inconsistent with an ap-
                         930.92 Applicant agency.                                 proved management program.
                         930.93 Intergovernmental review process.
                                                                       930.143 Assistant Administrator reporting.
                         930.94 State Intergovernmental review         930.144 Assistant Administrator advisory
                             process for consistency.                             statements.
                         930.95 Guidance provided by the State               930.145 Review of the implementation of
                             agency.                                              the Federal consistency provisions.
                         930.96 Consistency review.
                         930.97 Federal assisting agency responsabil-           AUTHORITY. Secs. 307.316 and 317, Coastal
                             ity.                                             Zone Management Act of 1972, Pub. L. 92-
                         930.98   Federally assisted activities outside       583.86 Stat. 1280 (16 U.S.C. 1451 et seq.), as
                             of the coastal zone or the described geo-        amended by Pub. L. 94-370, 90 Stat.1013.
                             graphic area.                                      SOURCE 44 FR. 37143. June 25, 1979. unless
                         930.99 Availability of mediation for Feder-          otherwise noted.
                             al assistance disputes.
                         930.100 Availability of mediation for previ-                  Subpart A  Objectives
                             ously reviewed activities.
                                 Subpart G -- Secretarial Mediation               930.1 Overall Objectives.
                         930.110 Objectives.                                    The objectives of these regulations
                         930.111 Information negotiations.                         are:
                         930.112 Request for mediation.                         (a) To describe the obligations of all
                         930.113 Public hearings.                             agencies, individuals and other parties
                         930.114 Secretarial mediation efforts.               who are required to comply with the

                                                                  187

                            National Oceanic and Atmospheric Adm., Commerce                    � 930.14

                            Federal consistency provisions of the                         the performance review of State Im-
                            Coastal Zone Management Act:                                  plementation of the Federal consisten-
                             (b) To implement the Federal con-                            cy provisions.
                            sistency provisions in a manner which
                            strikes a balance between the need to                              Subpart B   General Definitions
                            ensure consistency for Federal actions
                            affecting the coastal zone with ap-                            930.10 Index to definitions.
                            proved coastal management and the                                 The following list includes all terms
                            need to promote Federal programs;                              defined in Part 930 of this title keyed
                             (c) To provide flexible procedures                            to the section or paragraph in which
                            which foster Intergovernmental Coop-                           they are defined.
                            eration and minimize duplicative
                            effort and unnecessary delay. while							Term
                            making certain that the objectives of
                            the Federal consistency provisions of				   Act	                    930.11
                            the Act are satisfied;                                         Applicant                                                  930.123
                             (d) To interpret significant terms in                         Applicant                                               930.52
                            the Federal consistancy provisions so                          Applicant agency                                               930.92
                            that they can be uniformly under-                              Assistant Administrator                                         930.16
                            stood and adhered to by all agencies.                          Associated facillities                                        930.21
                            individuals and other affected parties;                        Coastal Zone                                                 930.29                                        (e)To provide procedures to make                                                                                      certain that all Federal agency and                            Consistent with the objectives or purposes of the Act       930.121                                                              State agency consistency decisions are
                            directly related to the objectives, poli-                      Development project                                        930.31(b)
                            cies, standards and other criteria set                         Executive Office of the President                           930.14
                            forth in, or referenced as part of, ap-                        Failure substantially to comply with an OCS
                            proved coastal managementprograms;                             plan                                                 930.86(d)
                             (f)To provide procedures which the                            Federal activity                                     930.31
                                                                                           Federal agency                                       930.17
                            proved coastal management pro                                  Federal assistance                                                930.91
                            (f) To provide procedures which the                            Federal license or permit                            930.51
                            Secretary, in cooperation with the Ex-                         Federal license or permit activity described in                                                                                                                                                              930.71
                            ecutive Office of the President, may                           Management program                                           930.19
                            use to mediate serious disagreements                           Necessary in the interest of national security                     930.122
                            which arise between Federal and State                          OCS plan                                             930.73
                            agencies during the administration of                          OCZM                                                 930.15
                                                                                           OMB A 96 process                                     930.93
                            approved Coastal management pro-                               Person                                                930.72
                            grams:                                                         Secretary                                                         930.13
                              (g) To provide procedures which                              Section                                              930.12
                            permit the Secretary to review Federal                         State agency                                            930.16
                            license or permit activities, or Federal
                            assistance activities, to determine
                            whether they are consistent with the                           930.11     Act.
                            objectives or purposes of the Act, or                            The term Act means the Coastal
                            are necessary in the Interest of nation-                       Zone Management Act of 1972, as
                            al security;                                                   amended (16 U.S.C. 1451 et seq.).
                              (h) To provide procedures which
                            permit interested parties to notify the                        930.12 Section.
                            Assistant Administrator for Coastal                              The term Section means a section of
                            Zone Management of Federal actions                             the Coastal Zone Management Act of
                            believed to be Inconsistent with an                            1972, as amended.
                            approved coastal management programs,
                            0r believed to have been incorrectly                            930.13 Secretary.
                            determined to be inconsistent with an                            The term secretary means the Secre-
                            approved management program; and                               tary of the U.S. Department of Com-
                              (1) To provide procedures for the re-
                            porting of any Federal actions found                           merce.
                            by the Assistant Administrator for                             930.14 Executive Office of the President.
                            Coastal Zone Management to be in
                            consistent with an approved coastal                              The term Executive Office of the
                            zone management programs. and for                               president means the office. council,

                                                                             188

                     � 930.15                                              15 CFR Ch. IX (1-1-93 Edition)
                     board, or other entity within the Exec-       review and comm nt from other State,
                     utive Office of the President which           regionaL or local government agencies.
                     shall participate with the Secretary in       Thereafter. only the State agency is
                     seeking to mediate serious disagree-          authorized to comment officially on a
                     ments which may arise bet*een a Fed-          Federal consistency determination.
                     eral agency and a coastal State.              concur with or object to a consistency
                     1930.15 OCZBL                                 certification. or determine the consist-
                                                                   ency of a proposed Federal assistance
                       The term OCZM means the Office of           activity.
                     Coastal Zone                 t, National
                     oceanic and Atmospheric Administra-           l 930.19 M&nageownt program
                     tion. U.S. Department of Commerce.             The term management progmm has
                     1930.16 Assistant Administrator.              the same definition as provided in sec-
                       The term Assistant Administmtor             tion 304(11) of the Act, except that for
                     means the Assistant Administrator for         the purposes of this part the term is
                     Coastal Zone Management, National             limited to those management pro.
                     Oceanic and Atmospheric Administr&-           gra= adopted by & coastal State in ac'
                     tion. U.S. Department of Commerce-            cordance with the provisions of section
                                                                   306 of the Act. and approved by the
                     1930.17 Federal agency.                       Assistant Administrator.
                       The term Fedeml agency means any
                     department. agency. board. commis-            1 M.20 Coastal zone.
                     sion. counciL independent office or            The term coastal zone has the same
                     simil    entity within the executive          definition as provided in section 304(l)
                     branch of the Federal government. or          of the Act.
                     any wholly owned Federal government
                     corporation.                                  0 930.21 Associated facilities.
                     0 930.13 State agency.                         The term auociated facilities de-
                       (a) The term State agency means the         scribes all proposed facilities:
                     agency of the State government desig-          (a) Which are specifically designed.
                     nated puzzuant to section 306(cX5) of         located. constructed. operated. adapt-
                     the Act to receive and administer             ed. or otherwise used.. in full or in
                     grants for an approved coastal man-           major put. to meet the needs of a
                     agement program, or a single designee         Federal action (e.g.. activity, develop-
                     State' agency appointed by the                ment project, license. permit, or assist-
                     306(cx5) State agency. Any appoint-           ance), and
                     ment by the 306(cX5) State agency of           (b) Without which the Federal
                     a designee agency must be described In        action. an proposed. could not be con-
                     the State's man ement program In              ducte(L
                     the absence of such description. all          All further requirements In this part
                     consistency determinations. consisten-        related to the review of and consistm-
                     cy certifications and Federal - assist-       cy for Federal activities including de-
                     ance proposals shall be sent to and re-
                     viewed by the 306(cX5) State agency.          velopment projects (see subpart C of
                       (b) The State agency is responsible         ttds part), Federal license and permit
                     for commenting on Federal agency              activities (see subparts D and E of this
                     consistency determin tions (see sub.          part) and Federal ass' tance activities
                     part C of this part). concurring with or      (see subpart F of this part) also apply
                     objecting to consistency'certlfica@tlons      to associated facilities related to those
                     for Federal licenses. permits. and            Federal action& Therefore. the PrOPO-
                     Outer Continental Shelf plans (we             nent of a Federal action must consider
                     subparts D and E of this part), and re.       whether the Federal action and its as-
                     viewing the consistency of Federal as-        sociated facilities affect the coastal
                     sistance activities proposed by State or      zone and. if so. whether these Interre-
                     local government agencies (see subpart        lated activities satisfy the relevant
                     F of this part). The State agency x1hall      consistency requirement of the Act.
                     be responaible for securing necessary

                                                           189

                        Hationai Oceanic and Atmospheric Adm., Commerce                                   � 930.34
                        Subpart C-Consistency for Federal              to cause substantive changes in Feder.
                                      Activities                       al agency decisionmaking within the
                                                                       context of the discretionary Powers re-
                        0 930.30 Objectives.                           siding within such agencies. Accord.
                        The provisions of this subpart are             ingly. when read together, sections
                        provided to assure that all federally          307(c) (1) and (2) and 307(e) require
                        conducted or supported activities In-          F6deral agencies. whenever legally
                        cluding development projects directly          permissible. to consider State-nuaWe.
                        affecting the coastal zone are under-          ment program as supplemental re-
                        taken in a Manner consistent to the            quirements to be adhered to in addi.
                        maximum extent practicable with ap-            tion to existing agency mandate&
                        proved State coastal management pro-            (b) A Federal agency may deviate
                        graras-                                        from full consistency with an ap.
                                                                       Proved management Program when
                        9 930.31 Federal activity.                     such deviation is Justified because of
                        (a) The term Fedend activity means             some unforeseen circumstances arising
                        any functions performed by or on               after the approval of the management
                        behalf of a Federal agency in the exer-        program which present the Federal
                        cise of its statutory responsibilities.        agency with a substantial obstacle
                        (b) A Federal development project is           that prevents complete adherence to
                        a Federal activity Involving the plan-         the approved program.
                        ning. construction. modification. or re-       9 930.33 Identifying Federal activities di.
                        moval of public works, facilities, or             reedy affecting the coastal zone.
                        other structures, and the acquisition.          (a) Federal agencies shall determine
                        utilization. or disposal of land or water      which of their activities directly affect
                        resources.
                        (c) The term "Federal activity" does           the coastal zone of States with ap-
                        not include the issuance of a Federal          proved rnftn%k ement programs.
                        license or permit to an applicant or            (b) Federal agencies shall consider
                        person (see subparts D and E of this           all development projects within the
                        put) or the granting of Federal amist.         coastal zone to be activities directly af-
                        ance to an applicant agency (see sub.          fecting the coastal zone. All other
                        pan F of this part).                           types of activities within. the coastal
                                                                       zone am subject to Federal agency
                        � 930.32 Consistent to the maximum             review to determine whether they di-
                          extent practicable.                          rectly affect the coastal zone.
                        (a) The term "consistent to the max.            (cXD Federal activities outside of
                        imum extent practicable" describes             the coastal zone. as defined in section
                        the requirement for Federal activities         304(l) of the Act. are subject to Feder-
                        including development projects direct.         &I agency review to determine whether
                        ly affecting the coastal zone of States        they directly affect the coastal zone.
                        with approved management programs               (2) OCS oil and gas lease sale activi-
                        to be fully consistent with such pro-          ties conducted pursuant to the Outer
                        grams unless compliance is prohibited          Continental Shelf Lands Act (43
                        based upon the requirements of exist.          U.S.C. 1331 et seq.) are not Federal ac-
                        ing law applicable to the Federal agen-        tivities which directly affect the coast-
                        cy's operation& If a Federal agency as-        al zone within the meaning of section
                        serts that compliance with the man-            307(cXD of the Act. and. therefore,
                        agement program is prohibited, it              are not subject to review under this
                        must clearly describe to the State             subpart.
                        agency the statutory provisions. legis-.       (44 1FR 37143.- June = 1979, as amended at
                        lative history, or other legal authority       50 PR 35213. AuL 30. IM]
                        which limits the Federal agency's dis-
                        cretion to comply with the provisions          0 9SO 34 Federal agency   conAdency deter-
                        of the management program.                         minations.
                        The duty the Act imposes upon Feder-             (a) Federal agencies ah-11 provide
                        &I agencies Is not set aside by virtue of      State agencies with consistency deter.
                        section 307(e). The Act was intended           minatkma for all Federal activities di-

                                                              190

    0

                     � 930.35                                                  15 CFR Ch. IX (1-1-93 Edition)
                     rectly affecting the coastal zone. The           State agencies must notify Federal
                     Federal agency may provide the State             agencies within 45 days from receipt
                     agency with this information in any              of notice of the unlisted Federal activ-
                     manner it chooses so long as the re-             ty, otherwise the State agency waives
                     quirements of this subpart are satis-            its right to request a consistency de.
                     fied.                                            termination. The waiver does not
                       (b) Federal agencies shall Provide             apply in cases where the State agency
                     State agencies with a consistency de-            does not receive notice of the Federal
                     termination at the earliest practicable          activity (eg., for those Federal activ-
                     time In the planning or reassessment             ties which are not processed through
                     of the activity. A consistency determi-          Intergovernment Review Process es-
                     nation should be prepared following              tablied pursuant to E.O. 12372,
                     development of sufficient information
                                                                      NEPA review or a similar procedure
                     to determine reasonably the consisten-           which Permits State agency monitor-
                     cy of the activity with the State's              ing).
                     management program. but before the                 (c) The recommended listing and
                     Federal agency reaches a significant             monitoring procedures described in
                     point of decisionmaking in its review            paragraphs (a) and (b) of this section
                     process. The consistency determina-              are neither a substitute for nor elimi-
                     tion shall be provided to State agen-            nate Federal agency responsibility
                     cies at least 90 days before final ap-
                     proval of the Federal activity unless            under if 930.33(b) and 930.34 to pro-
                     both the Federal agency and the State            vide State agencies with consistency
                     agency agree to an alternative notifi-           determinations for all development
                     cation schedule.                                 projects in the coastal zone and for all
                                                                      other Federal activities which the Fed-
                     930.35 Federal and State agency coordi-         eral agency finds directly affect the
                         nation.                                      coastal zone.
                       (a) State agencies should list in their          (d) If a Federal agency decides that
                     management programs Federal activi-              a consistnecy determination is not re-
                     ties which. in the opinion of the State          quired for a Federal activity (1) Identi-
                     agency. are likely to directly affect the        fied by a State agency on its list or
                     coastal zone and require a Federal               through case-by-case monitoring,(2)
                     agency consistency determination.                which in the same as or similar to ac-
                     Listed Federal activities must be de-            tivities for which consistency determi-
                     scribed in terms of the specific type of         nations have been prepared in the
                     activity involved (e.g.,Federal recla-           past, or (3) for which the Federal
                     mation projects). In the event the               agency undertook a thorough consist-
                     State agency chooses to describe Fed-            ency assessment and developed initial
                     eral activities outside of the coastal           findings on the effects of the activity
                     zone but likely to directly affect the           on the coastal zone, the Federal
                     coastal zone, it must also describe the          agency shall provide the State agency
                     geographic location of such activities           with a notification at the earliest
                     (e.g.. reclamation projects in coastal           practicable time in the planning of the
                     floodplains).                                    activity, briefly setting forth the rea-
                       (b) State agencies should monitor              sons for its negative determination. A
                     unlisted Federal activities (eg., by use         negative determination shall be pro-
                     of intergovernmental review process              vided to the State agency at least 90
                     established pursuant to E.O. 12372,              days before final approval of the activ-
                     review, review of National Environ-              ity. unless both the Federal agency
                     mental Policy Act (NEPA) environ-                and the State agency agree to in alter-
                     mental impact statements. etc.) and              native notification schedule.
                     should notify Federal agencies of un-
                     listed Federal activities which Federal          Executive Order 12372, July 14,1982 (47
                     agencies have not subjected to a con-            FR 30969),as amended April 8, 1983 (48 FR
                     sisteny review but which in the opin-            15587); sec. 401, Intergovernmental Coop.
                                                                      eration Act at 1968, as amendeded (31 U.S.C.
                     ion of the State agency, directly affect         6506); sec 204, Demonstration Cities and
                     the coastal zone and require a Federal           Metropolitan Development Act of 1966 as                                                        velopment Act of 1908qW an
                     agency consistency determination.                amended (42 U.S.C. 33341)).

                                                         191

                    National Oceanic and Atmospheric Adm., Commerce                                  � 930.38
                    E 44 PR 37143. June 25. 1979. as amended at    ency determination Will be required.
                    48 FR 29136. June 24. 19831                    However. in cases where major Feder-
                    11930.36 Availability of mediation for neg-    &I decisions related to a proposed de-
                       ative determination disputes.               velopment project will be made in
                                                                   phitses band upon developing infor.
                     In the event of a serious        disagree-    mation. with each subsequent phase
                    ment between a Federal agency and a            subject to Federal agency discretion to
                    State agency regarding a determina-            implement alternative decisions based
                    t,iOn related to whether a proposed ac-        upon such information. (eg.. planning,
                    tivity directly affects the coastal zone,      siting. and design decisions). a consist-
                    q.
                    .ither party may seek the Secretarial,         ency determination win be required
                    mediation services provided for in sub-        for each major decision. In cases of
                    part 0.                                        phased decisionmaking. Federa. agen-
                    a 93o.37 Consistency determinations for        cies shall ensure that the development
                       proposed activitieL                         project continues to be consistent to
                                                                   the maximum extent practicable with
                     (a) Federal agencies shall review             the State's management prOgrazIL
                    their proposed Federal activities
                    which directly affect the coastal zone         1930.38 Consistency determinations for
                    in order to develop consistency deter-            activities initiated prior to manage-
                    minations which indicate whether                  ment program approval.
                    such activities will be undertaken in a
                                                                    (a) A consistency determination will
                    manner consistent to the maximum               be required for ongoing Federal activi-
                    extent practicable with approved               ties other than development projects
                    ;State man ement programs- Federal             (e.g.. waste disposal practices) initiated
                    agencies we encouraged to consult              prior to management program approv-
                    with State agencies during their ef..          &L which are governed by statutory
                    forts to aasess whether such activities        authority under which the Federal
                    will be  consistent to the maximum             agency       ing discretion to res-g-gess
                    extent Practicable with such pro-              and modify the activity. In these cases
                    grams.                                         the consistency determin&Uon must be
                     (b) in cases where Federal agencies           made by the Federal agency at the
                    win be   performing repeated activity
                    -other than a development project              earliest practicable time following
                    (e.g.. ongoing maintenance. was" dis-           runagement program approvaL and
                    posal, etc.) which cumulatively has a          the State agency must be Provided
                    direct effect upon the coastal zone,           with a consistency determlin tion no
                    the agency may develop a general con-          later than 120 days after management
                    ,sistency determination thereby avoid-'        Program approval forongoing activi-
                                                        .Pamte     ties which. the State agency lists or
                    ing the necessity of issuing 3e                identifies through monitoring as sub-
                    consistency determinations for each
                    incremental action controlled by the           Ject to consistency with the manage-
                    major activity. A general consistency          ment program.
                    determin tion may only be used in sit-          (b) A. consistency determination
                    uation3 where the incremental actions          shall be required for major. phased
                    are repetitive or periodic. substantially      Federal development project decisions
                    MIDILL in nature. and do not directly          described in I 930.37(c) which are
                    affect the coastal zone when per-              made following m%Ln ement program
                    formed separately. If a Federal agency         approval and are related to develop-
                    issues a general consistency determl-          ment projects initiated prior to pro-
                    nation. it must thereafter periodically        gram approval. In makin these new
                    consult with the State agency to dis-          decisions, Federal   agencies %th&11 con-
                    cuss the- manner in which the incre.           sider cossW zone effects not fully
                    mental actions are being undertaken.           evaluated at the outset of the ProJecL
                      (c) In cases where the Federal               This Provision shILII not apply to
                    agency has sufficient information to           Phased. Federal decisions which Were
                    determine the consistency Of & Pro'.           specifically described. considered and
                    posed development Project from PlAn-           approved prior to management Pro-
                    nine to completion. onIY one consist-          gr&m. approval (e.c. in a final environ-

                                                             192

                     � 930.39                                               15 CFR Ch. IX (1-1-93 Edition)
                     mental impact statement issued pursu-         policies of the management Program.
                     ant to the National Environmental             However, Federal agencies need only
                     Policy Act).                                  give adequate consideration to man-
                     � 930.39 Content of a consistency determi-    agement program provisions which are
                        nation.                                    in the nature of recommendations. Fi-
                                                                   nally. Federal agencies do not have to
                      (a) The consistency determinatoin            evaluate. coastal zone effects for which
                     shall include a brief statement indicat-      the management program does not
                     ing whether or not the proposed activ-        contain mandatory or recommended
                     ity will be undertaken in a manner            policies  because, in the absence of
                     consistent to the maximum extent              such provisions, there is no basis for

                     practicable with the management pro-          making a consistency determination
                     gram The statement must be based              with respect to such effects.
                     upon an evaluation of the relevant              (d) When Federal agency standards
                     provisions of the management pro-             are more restrictive than standards or
                     gram. The consistency determination           requirements contained in the State's
                     shall also include a detailed descrip-
                     tion of the activity. its associated fa-      management program the Federal
                     cilities and their coastal zone effects,      agency may continue to apply its
                     and comprehensive data and Informa-           stricter standards (eg., restrict project
                     tion sufficient to support the Federal        development or design alternatives
                     agency's consistency statement. The           notwithstanding permissive manage-
                     amount of detail in the statement             ment program policies). In such cases
                     evaluation, activity description and          the Federal agency should Inform the
                     supporting information shall be com-          State agency In the consistency deter-
                     mensurate with the expected effects           mination of the statutory, regulatory
                     of the activity on the coastal zone.          or other basis for the application of
                      (b) Federal agencies shall be guided         the stricter standards.
                     by the following In making their con-
                     sistency determinations. The activity          930.40 Multiple Federal agency partici-
                     (e.g.. project siting and constuction),           pation.
                     its direct effects (e.g, air, water, waste      Whenever more than one Federal
                     discharges, etc.), and associated facili-     agency is involved in conducting or
                     ties (e.g., proposed siting and construc-     supporting a Federal activity or its as-
                     tion of access road. connecting pipe-         sociated facilities directly affecting
                     line, support buildings etc.) and the         the coastal zone, or is involved in a
                     direct effects of the associated facili-
                     ties (e.g., erosion. wetlands. beach          group Of Federal activities related to
                     access impacts, etc.) must all be con-        each other because Of their geographic
                     sistent to the maximum extent practi-         proximity. consideration should be
                     cable with the management program.            given to the preparation of one con-
                     Although nonassociated facilities (e.g.,      sistency determination for all the Fed-
                     recreational housing which is induced         eral activities involved. In such cases,
                     by but not necessarily related to a           Federal agencies should consider joint,
                     Federal harbor dredging project--see          preparation or lead agency develop-
                      930.21) must be included within the          ment of the consistency determina-
                     consistency determination's descrip-          tion. In either the consistency de-
                     tion of the direct effects of the act-        termination (a) must be transmitted to
                     ty, Federal agencies are not responsi-        the State agency at least go 90 days
                     ble for evaluating the consistency of         before final decisions are taken by any
                     such facilities.                              of the participating agencies, (b) must
                       (c) In making their consistency de-
                                                                   indicate whether or not each of the
                     terminations, Federal agencies sha11          proposed activities is consistent to the
                     give appropriate weight to the various        maximum extent practicable with the
                     types of provisions within the manage-
                     ment program. Federal agencies must           management program, and (c) must in-
                     ensure that their activitiesare consist-      clude information an each proposed
                     ent to the maximum extent practica-           activity sufficient to support the con-
                     ble with the enforceable, mandatory           sistency determination.

                                                             193

                       National Ocoanic and AtmosPhoric Adm., CommocCO                              � M.44
                       9 930-41 State agency response-             I 930.39(a)), the State agency's re-
                       (a) A State agency shall inform the         sponse must describe the nature of the
                       Federal agency of its agreement or dis-     information requested and the necessi-
                       agreement with the Federal agency-s         ty of having such Information to de.
                       consistency determination at the earli.     termine the consistency of the Federal
                       est practicable time. If a final response   activity with the management pro-
                       has not been developed and issued           gram.
                       within 45 days from receipt of the            (c) State agencies shall send to the
                       Federal agency notification. the State      Assistant Administrator a copy of re.
                       agency should at that time inform the       sponses which describe disagreements
                       Federal agency of the status of the         with Federal agency consistency deter.
                       matter and the basis for further delay.     minations.
                       The Federal agency may presume
                       State agency agreement if the State         0 930-43 Availability of mediation for dis.
                       agency falls to provide a response              putes concerning proposed wtivitiec
                       within 45 days from receipt of the            (a) In the event of a serious disagree.
                       Federal agency notification.                ment between a Federal agency and a
                       (b) State agency agreement shall not        State agency regarding the consisten.
                       be presumed in cases where the State        cy of a proposed Federal activity di.
                       agency, with the 45 day period. re.         rectlY affecting the coastal zone,
                       quests an extension of time to review       either party may request the Secretar-
                       the matter. Federal agencies shall ap-      ial mediation services Provided for in
                       prove one request f or an extension         subpart 0.
                       period of 15 days or less. In consider-
                       ing whether a longer or additional ex-      1930-44 Availability of mediation for pm
                       tension period is appropriate, the Fed-         viously reviewed activities.
                       eral agency should consider the mag-
                       nitude and complexity of the informa-         (a) Federal and State agencies shall
                       tion contained in the consistency de-       cooperate in their efforts to monitor
                       termination.                                Federally approved activities in order
                       (c) FInal Federal agency action may         to make certain that such activities
                       not be taken sooner than 90 days from       continue to be undertaken in a
                       the Issuance of the consistency deter-'     manner consistent. to the maximum
                       mination to the State agency unless         extent practicable, with the State's
                       both the Federal agency and the State       management program.
                       agency agree to in alternative period         (b) The State agency shall request
                       (see I 930.34(b)).                          that the Federal agency take appropri-
                                                                   ate remedial action following a serious
                       � 930.42 State agency disagreement.         disagreement resulting from a State
                       (a) In the event the State agency           agency's obJection to a Federal activi-
                       disagrees with the Federal agency's         ty which was: (1) Previously deter.
                       consistency determination. the State        mined to be consistent to the mstri-
                       agency shall accompany Its response         mum extent practicable with the
                       to the Federal agency with Its reasons      State's mAnagement program but
                       for the disagreement and supporting         which the State agency later main-
                       information. The State agency re-           tains Is being conducted or is having a
                       sponse must describe (1) how the pro-       coastal zone effect substantially differ-
                       posed activity will be inconsistent with    ent than originally proposed and. as a
                       specific elements of the rn%Ln%L ement.     -result, is no longer consistent to the
                       program, and (2) alternative measures       maximurn extent practicable with the
                       (if they exigrt) which. if adopted by the   States management program or (2)
                       Federal agency, would allow the activi-     previously determined not to be a Ped-
                       ty to proceed in a manner consistent        eral activity directly affecting the
                       to the maximum extent practicable           coastal zone. but which the State
                       with the man ement program.                 agency later maintains Is being con-
                       (b) if the State agency's disagree-         ducted or is having a coastal zone
                       ment is based upon a finding that the       effect subatantially different than
                       Federal agency has failed to supply         originally proposed an(L as a result.
                       sufficient      information           (see  the activity directly aff ects the coastal

                                                             194

                      � 930.50                                               15 CFR Ch. IX (1-1-93 Edition)
                      zone and is not consistent to the maxi-        partnership, association. or other
                      mum extent practicable with the                entity organized or existing under the
                      State's management program The                 laws of any State, or any State, region-
                      State agency's request must include            al, or local government, who, following
                      supporting information and a proposal          management program approval, files
                      for recommended remedial action.               an application for a Federal license or
                        (c) If, after a reasonable time follow-      permit to conduct an activity affecting
                      ing a request for remedial action, the         the coastal zone. The term "applicant"
                      State agency still maintains that a se-        does not include Federal agencies ap-
                      rious disagreement exists, either party        plying for Federal licenses or permits.
                      may request the Secretarial mediation          Federal agecy "activities" requiring
                      services provided for in subpart G.            Federal licenses or permits are subject
                                                                     to the consistency requirements of
                      Subpart D--Consistency for Activities            subpart C of this part.
                          Requiring a Federal License or
                          Permit                                        930.53 Management program license and
                                                                          permit listing.
                       930.50 Objectives.                             (a) During management program de-
                       The provisions of this subpart am            velopment. Federal agencies should
                      provided to assure that Federally li-         assist State agencies in identifying
                      censed or permitted activities affecting      Federal license and permit activities
                      the coastal zone am conducted in a            which reasonably can be expected to
                      manner consistent with approved man-          affect the coastal zone.
                      agement programs.                               (b) State agencies shall develop a list
                                                                    of Federal license and permit activities
                      1930.51 Federal license or permit.            which are likely to affect the coastal
                       (a) The term Federal license or              zone and which the State agency
                      permit means any authorization, certi-        wishes to review for consistency with
                      fication, approval, or other form of          the management program. The list
                      permission which any Federal agency           shall be included as part of the man-
                      is empowered to issue to an applicant.        agement program. and the Federal li-
                        (b) The term also includes the fol-         cense and permit activities shall be de-
                      lowing types of renewals and major            scribed in terms Of the specific licenses
                      amendments which affect the coastal           or permits involved (e.g., Corps of En-
                      zone:                                         gineers 404 permits, Coast Guard
                       (1) Renewals and major amendments            bridge permits, etc.). In the event the
                      of Federal license and permit activities      State agency chooses to review Feder-
                      not previously reviewed by the State          at licenses and permits for activities
                      agency;                                       outside of the coastal zone but likely
                       (2) Renewals and major amendments            to affect the coastal zone, It must gen-
                      of Federal license and permit activities      erally describe the geographic location
                      previously reviewed by the State              of such activities.
                      agency which are filed after and are             (c) If a State agency wishes to avoid
                      subject to management program                 repeated review of minor Federally
                      amendments not in existence at the            permitted activities which, while indi-
                      time of original State agency review,         vidually inconsequential, cumulatively
                      and                                           cause effects on the coastal zone. the
                       (3) Renewals and major amendments            State agency. after developing condi-
                      of Federal license and permit activities      tions allowing concurrence for such ac-
                      previously reviewed by the State              tivities, may issue a general public
                      agency which will cause coastal zone          notice (see  930.61) and general con-
                      effects substantially different than          currence allowing similar minor work
                      those originally reviewed by the State          In the same geographic area to pro-
                      agency.                                       ceed without prior State agency
                                                                    review. In such cases, the State agency
                       930.52 Applicant.                            must set forth in the management
                       The term applicant means my Indl-            program license and permit list
                      vidual, public or private corporation,        minor Federal license and permit ac-

                                                            195

                     Nationai Oceanic and Atmospheric Aden, C-Genmerce                              � 930.54
                     tivities and the relevent conditions            (b) -7lie State agency must also
                     which are covered by the general con-         notify the Assistant Administrator of
                     currence. Minor Federal license or            unlisted Federal license or permit ac-
                     permit activities which satisfy the con-      tivities which the State agency be-
                     ditions of the general concurrence are        lieves should be subject to State
                     not subject to the consistency certifi-       agency review. Following State agency
                     cation requirement of this subpart            notification to the Federal agency, ap.
                              in cum where the State               plicant and the Assistant Administra.
                     agency indicates otherwise. copies Of         tor. the Federal agency may not issue
                     Federal license or permit applications        the license or permit until the require.
                     for activities subject to a general con-      mentS Of this subpart have been satis.
                     currence must be sent by the applicant        fled. unless the Assistant Administra-
                     to the State agency to &How the State         tor disapproves the State agency deci-
                     agency to monitor adherence to the            sion to review the activity.
                     conditions required by such concur-             (c) The Federal agency and the ap-
                     rence. Confidential and proprietary           plicant have 15 days from receipt of
                     material within such applications may         the State agency notice to provide
                     be deleted.                                   comments to the Assistant Adminis-
                      (d) The license and permit list may          trator regarding the State agency's de.
                     be amended by the State agency fol-           ciston to review the activity. The sole
                     lowing consultation with the affected         basis for the Assistant Administrator's
                     Federal agency and approval of addi.          approval or disapproval of the State
                     tions or deletions by the Assistant Ad.       agency's decision will relate to wheth-
                     min' trator. The State agency shall           er the proposed activity can be reason.
                     provide copies of the list and any            ably- expected to affect the coastal
                     amendments to Federal agencies and            zone of the State. The Assistant Ad.
                     shall make the information available          ministrator shall issue a decision. with
                     to the public,                                supporting comments, to the State
                      (e) No Federal license or Permit de-         agency. Federal agency and applicant
                     scribed on. an approved list shall be         within 30 days from receipt of the
                     issued by a Federal agency until the          State agency notice.
                     requirements of this subpart have               (d) In the event of disapproval by
                     been satisfied. Federal agencies shall        the Assistant Administrator, the Fed-
                     inform applicants for listed licenses         eral agency may approve the license or
                     and permits of the requirements of            permit application and the applicant
                     this subpart.                                 need not comply with the require-
                                                                   ments of this subpart. If the Assistant
                     � 930.54 Unlisted Federal license and         Administrator approves the State
                        permit activities.                         agency's decision, the'*Federal agency
                      (a) With the assistance of Federal           and applicant must comply with the
                     agencies. State agencies should moni-         consistency certification procedures of
                     tor unlisted Federal license and permit       this subpart.
                     activities (e.g., by use of Intergovern-        (e) Following an approval by the As-
                     mental review process established pur-        sistant Administrator, the applicant
                     suant to E.O. 12372. review of NEPA           shall amend the Federal application
                     environmental      impact statements,         by including a consistency certifica-
                     etc.) and shall immediately notify Fed-       tion and shall provide the State
                     eral agencies and applicants of unlist-       agency with a copy of the certification
                     ed activities affeeting the coastal zone      along with necessary supporting data
                     which require State agency, review.           and information (see if 930.63 and
                     State agencies must inform the Feder-         930.64). For the purposes of this aec-
                     al agency and applicant within 30'days        tion. concurrence by the State agency
                     from notice of the license or permit          shall be conclusively presumed in the
                     application. otherwise the State              absence ot a State agency objection
                     agency waives its right to review the         within six months from the oriidnal
                     unlisted activity. The waiver does not        Federal agency notice to the State
                     apply in cases where the State agency         agency (see paragraph (a) of this sec-
                     do" not receive notice of the Pederal         tion) or within three months from re-
        0            License or pertnit activity.                  ceipt of the applicant's consistency

                                                          196

                     � 930-55                                                   15 CFR Ch. IX (1-1-93 Edition)

                     certification and accompanying infor-             assess the consistency of Federal li-
                     mation. whichever period terminates               cense and permit activities. Required
                     last.                                             data and information may not include
                     (Executive Order 12372, July 14. 1982 (47         confidential and proprietary material.
                     FR 30959). as amended April 8, 1983 (48 FR        In the case of approved amendments,
                     15587); sec. 401, intergovernmental Coop-         State agencies shall send copies to rel-
                     eration Act of 1968 as amended (31 U.S.C.         evant Federal agencies who shall, in
                     6506): sec 204. Demonstration Cities and      	 turn provide the information require-
                     Metropolitan Development Act of 1966 as           ments to applicants. If a State does
                     amended (42 U.S.C. 3334)).
                     (44 FR 37143, June 25, 1979, as amended at        not choose to develop or amend its
                     48 FR 29136. June 24, 1983)                       management program to include infor-
                                                                       mation requirements, the applicant
                      930.55 Availability of mediation for ll-         must, at a minimum, supply the State
                        cense or Permit disputes.                      agency with the information required
                      In the event of a serious disagree-              by 930.58.

                     ment between a Federal and State                  930.57 Consistency certifications.
                     agency regarding whether a listed or
                     unlisted Federal license or permit ac-              (a) When satisfied that the proposed
                     tivity is subject to consistency review,            activity meets the Federal Consistency
                                                                         requirements of this subpart, all appli-
                     either party may request the Secretar-              cants for Federal licenses or permits
                     ial mediation services provided for in
                     subpart G; notice shall be provi                  subject to State agency review shall
                     the applicant. The existence of a seri-           provide in the application to the Fed-
                     ous disagreement will not relieve the             eral licensing or permitting agency a
                     Federal agency from the responsibility            certification that the proposed activity
                     for withholding approval of a license             complies with and will be conducted in
                     or permit application for an activity             a manner consistent with the State's
                     on an approved management program            	 approved management program. At
                     list (see 930.53) or individually ap-             the same time. the applicant shall fur-
                     proved by the Assistant Administrator             nish to the State aqency a copy of the
                     (see 930.54) pending satisfaction of              certification.
                     the requirements of this subpart.                   (b) The applicant's consistency certi-
                     Similarly. the existence of a serious             fication shall be in the following form:
                     disagreement will not prevent the Fed-            "The proposed activity complies with
                     eral agency from approving a license               (name of State) approved coastal man-
                     or permit activity which has not re-              agement program and will be conduct-
                     ceived Assistant Administrator approv-            ed in a manner consistent with such
                     al.                                               program."
                      930.56 State agency guidance and assist-          930.58 Necessary data and Information.
                         ance to applicants; information re-
                         quirements.                                     (a) The applicant shall furnish the
                      (a) As a preliminary matter, any ap-                 State agency with necessary data and
                                                          		     information along with the consisten-                 plicant for a Federal license or permit           Information along with the consisten-
                     selected for review by a State agency             cy certification. Such information and
                     should obtain the views and assistance            data shall include the following:
                     of that agency regarding the means                   (1) A detailed description of the pro-
                     for ensuring that the proposed activity           posed activity and its associated facili-
                     will be conducted in a manner consist-            ties which is adequate to permit an as-
                     ent with the State's management pro-			 sessment of their probable coastal
                     gram. As part of its assistance efforts,          zone effects. Maps, diagrams, technical
                     the State agency shall make available             data and other relevant material must
                     for public inspection copies of the               be submitted when a written descrip-
                     management program document.                      tion alone will not adequately describe
                       (b) The management program as                   the proposal (a copy of the Federal ap-
                     originally approved or amended may                plication and all supporting material
                     describe requirements regarding the               provided to the Federal agency should
                     data and information necessary to                 also be submitted to the State agency).

                                                             197

                        National Oceanic and Atmospheric Adm., Commerce                              � 930.61
                        (2) Information required by the             al license and permit activities affect-
                        State agency pursuant to I 930.56(b).       ing the Coastal zone for State agency
                        (3) A brief assessment relating the         review. State agencies shall. to the
                        probable -coastal zone effects of the       extent practicable. provide applicants
                        proposal and its associated facilities to   with a "one-stop-, multiple permit
                        the relevant elements of the manage-        review for consolidated permits to
                        ment program                                minimize duplication of effort and to
                        (4) A brief set of findftim derived         avoid unnecessary delay&
                        from the assessmen indicating that           (b) A State agency objection to one
                        the proposed activity (e.g.. project        or more of the license or permit activi-
                        siting and construction). its associated    ties submitted for consolidated review
                        facilities (e.g.. access road. support      shall not prevent the applicant from
                        buildin ), and their effects (e.g., air,    receiving Federal agency approval for
                        water. waste dIscharges, erosion. wet-      those license and permit activities
                        lands. beach access impacts) am all         found to be consistent with the mano
                        consistent with the provisions of the       agement, program
                        management program. In developing
                        findings. the applicant shall give ap-      1930.60 Commencement of State apney
                        propriate weight to the various types          review.
                        of provisions within the management
                        program. While applicants must be            (a) Except as provided In I 930.54(e),
                        consistent with the enforceable. man-       State agency review of an applicant's
                        datory Policies of the management           consistency certification begins at the
                        program. they need only demonstrate         time the State agency receives a copy
                        adequate consideration, of policies         of the consistency certification. and
                        which are in the nature of recommen-        the information and data required
                        dation& Applicants need not make            pursuant to 1930.58.
                        findings with respect to coastal zone        M A State agency request for Infor-
                        effects for which the management            mation or data In addition to that re-
                        program does not contain mandatory          quired by 1930.58 shall not extend the
                        or recommended Volicie&                     date of commencement of State
                        M At the request of the applicant.          agency review.
                        interested parties who have access to
                        information and data required by sub-       0 930.61 Publk notice,
                        paragraphs (a) (1) and (2) of this sec-      (a) Following receipt of the material
                        tion may provide the State agency           described in 1 930M the State agency
                        with all or part of the material re-        shall ensure timely public notice of
                        quired. Furthermore, upon request by        the proposed activity. At a minimum
                        the applicant. the State agency shall       the provision of public notice must be
                        provide assistance for developing the       in accordance with State law. In addi-
                        -_ --ent and findings required by           tion. public notice must be provided In
                        paragraphs (a) (3) and (4) of this sec-     the immediate area of the coastal zone
                        tion.                                       which is likely to be affected by the
                        W When satisfied that adequate
                        protection against public disclosure        proposed activity. Public notice shall
                        exists. applicants should provide the       be expanded In proportion to the
                        State agency with confidential and          degree of likely public interest result-
                        proprietary inform tion which the           ing from the unique geographic area
                        State agency maintainn is necessary to      involved. the substantial commitment
                        make a reasoned decision on the con-        of or impact on coastal resources. the
                        sistency of the provosal. State agency      complexity or controversy of the pro-
                        requests for such Information must be       posal, or for other good cause.
                        related to the necessity of having such       (b) Public notice shall facilitate
                        inform tion to assess adequately the        public comment by providing a sum-
                        coastal zone effects of the propos&L.       mary of the proposed activity. by an-
                                                                    nouncing the ava"bility for inspec-
                        0930.59 Mumple permitielkw.                 tion of the consistency certification
                        (a) Applicants ghall to the extent          and accompanying public information
                        practicable. consolidate related Fleder-    and data. and by requesting that com-

                                                             198

                     � 930.62                                                15 OR Ch. IX (1-1-93 Edition)

                     ments be submitted to the State                � 930.63 State agency concurrence with a
                     agency.                                            consistency certification.
                       (c) A number of procedural options.            (a) At the earliest practicable time,
                     if permitted by State law, arr available       the State agency shall notify the Fed-
                     to State agencies to satisfy the public        eral agency and the applicant whether
                     notice requirements of this subpart.           the. State agency concurs with or ob-
                     They include. but are not 1   'imited to:      jects to - a consistency certiflcadon.
                       (1) The State agency Providing the           Concurrence by the State agency shall
                     public notice;                                 be conclusively Presumed in the ab-
                       (2) The State agency requiring the           sence of a State agency Objection
                     applicant to provide the public notice;        within six months fOUOwin,9 com-
                     or                                             mencement of State agency review.
                       (3) The State agency relying upon              (b) State agencies should restrict the
                     the public notice provided by the Fed-         Period of public notice. receipt of com-
                     eral agency reviewing the app                  ments. hearing proceedings and final
                                                                    deCision-mairin to the minimum time
                     for the Federal license or Permit (e.g,        necessary to inform the public. obtain
                     notice of availability of NEPA environ.        sufficient comment@ and develop a rea-
                     mental impact statements) if such              sonable decision on the matter. If the.
                     notice satisfies the minimum require-          State agency has not issued a decision
                     ments set forth in paragraphs (a) and          within three months following com-
                     (b) of this section.                           mencement of State agency review. it
                       (d) Federal and State- agencies are          sball notify the applicant and the Fed-
                     encouraged to issue Joint public no-           eral agency of the status of the matter
                     tices whenever possible to rainimize           and the basis for further delay.
                     duplication of effort and to avoid un-           (c) If the State agency issues &.con-
                     necessary delays.                              currence or is conclusively Presumed
                     (Executive order 12372. July 14. 1982 (4-1     to concur with the applicant's consist-
                     FR 30939). as amended April 9. 19S3 (48 pR     ency certification. the Federal agency
                     15587): sm. 401. Intergovernmental COOP-       may approve the Federal license or
                     erstion Act of 1968. as amended (31 U.S.C.     Permit application. Notwithstanding
                     6506); sec 204. Demonstration Cities and       state agency concurrence with a con-
                     Metropolitan Development Act of 1966 as        sistency certificatiom the Federal per-
                     amended (42 U.S.C. 3334)).                     mitting agency may deny approval of
                     (44 PR 37143. June 25. 1979. as amended at     the Federal license or permit applica-
                     48 FR 29136. June 24.19931                     tion.  Federal agencies should not
                                                                    delay processing applications Pending
                     � 930.62 Public hearings.                      receipt of a State &gencY's concur-
                       (a) At the discretion     of the State       rence. In the event a Federal agency
                     agency, public notice may include the          determines that an application will
                     announcement of one or more public             not be approved. it shall immediately
                     hearings, Public hearings shall be             notify the applicant and the State
                     scheduled with a view towards        (1) a,_   agency-
                     lowing access to the consistency certi-        ig3o.64 State agency objection to a con-
                     fication and sk     mpanying public in-            sistency certification.
                     formation within a reasonable time               (a) If the State agency objects to the
                     prior to the hearing. (2) facilitating         applicant's consistency certification
                     broad public attendance and ParticiPa-         within six months following com-
                     tion at the hearing. and (3) affording         mencement of review, it. shall notify
                     the applicant expeditious consider-            the applicant. Federal agencY =d As-
                     ation of the proposed activity.                sistant Administrator of the objection.
                       (b) Federal and State agencies are             (b@ State agency objections must de-
                     encouraged to hold joint public hear-          scribe (1) how the proposed activity in
                     ings in the event both agencies deter-         inconsistent with specific elements of
                     mine that a hearing on the action Is           the management program and (2) al-
                     necessary.                                     ternative- measures (if- they exist)
                                                                    which. If adopted by the applicant.

                                                          199

                       National Oceanic and AtmosPheric Adm., Commerce                                     � 930.72
                       Would permit the proposed activity to            consistent with the State's manage,
                       be conducted in a manner consistent              ment program. but which the State
                       with the management program.                     agency later maintains is being con.
                       (c) During the period when the                   ducted or is having coastal zone ef.
                       State agency is reviewing the consist-           fects substantially different than
                       ency certif ication. the applicant and           originally proposed and, as a result, is
                       the State agency should attempt to               no longer consistent with the - States
                       agree upon conditions. which. if met             management progra= or (2) previous-
                       by the applicant. would permit State             ly deterniined not to be an activity af.
                       agency concurrence. The parties shall            fecting the coastal zone. but which the
                       also consult with the Federal agency             State agency later maintains is being
                       responsible for approving the Federal            conducted or is having coastal effects
                       license or permit to ensure that pro-            substantially different than originally
                       posed conditions satisfy Federal as              proposed and. as a result, the activity
                       well as State management program re-             affects the coastal zone in a manner
                       quirements.                                      inconsistent with the State's manage-
                       (d) A State agency objection may be              ment program. The State agency's' re-
                       based upon a determination that the              quest must include supporting Infor-
                       applicant has failed. following a writ-          mation and a proposal for recommend-
                       ten State agency request. to supply              ed remedial action: a copy of the re-
                       the information required pursuant to             quest must be sent to the applicant.
                       � 903.58. If the State agency objects on          (c) If. after a reasonable time follow-
                       the grounds of insufficient infOrma-             ing a request for remedial action. the
                       tion. the objection must describe the            State agency still maintains that a se-
                       nature of the Information requested              rious disagreement exists with the
                       said the necessity of having such infor-         Federal agency, either party may seek
                       rnation to determine the consistency             the Secretarial mediation services pro-
                       of the activity with the management              vided for in subpart Q of this part.
                       program.
                       (e) A State agency objection shall in-,          Subpart E-Consistency for Outer
                       clude a statement informing the appu-.                Continental Shelf (OCS) Explore-
                       cant of a right of appeal to the Secre-,              tion, Development and Produc-
                       tgry on the grounds described in Sub-                 tion Activities
                       part H.
                       930.65 Federal permitting agency re.             � 930.70 Objectives.
                         sponsibility.                                   The provisions of this subpart are
                       Following receipt of a State agency              provided to assure that all Federal U-
                       objection to a consistency certifica.-           cense and permit activities described
                       tion, the Federal agency shall not               in detail in OCS plans and. which
                       issue the Federal license or permit              affect the coastal zone are conducted
                       -except as provided in subpart H of this         in a manner consistent with approved
                       'part.                                           coastal zone mnn ement programs.
                       � 930.66 Availability of mediation for pre.      � 930.71 Federal license or permit activity
                         viously reviewed activities.                       described In detall.
                       (a) Federal and State agencies shall               The term Federal license or pennit
                       cooperate in their efforts to monitor            activity described in detail means any
                       Federally licensed and permitted ac.             activity requiring a Federal license or
                       tivities In order to make certain that           permit, as defined in 1930.51. which
                       such activities continue to conform to           the Secretary of the Iiiterior deter-
                       both Federal and State requirements..            mines must . be described in detail
                       (b) The State agency shall request               within an OCS plan.
                       that the Federal agency take appropri-
                       ate remedial action following a serious          � 930.71 Person.
                       disagreement resulting from a State                The term person mean any Individ-
                       agency objection to a Federally U-               ual. corporation. partnership. associa-
                       censed or permitted activity which               tion, or other entity organized or ex-
                       was: (1) Previously determined to be             isting under the laws of any State. the

                                                             200

                       � 930.73                                                       15 CFR Ch. IX (1-1-93 Edition)

                       Federal government, any State, re-                   copies of the management program
                       gional. or local government, or any                  document.
                       entity of such Federal. State. regional                (b) In accordance with the Provi-
                       or local govirnment, who submits to                  sions in 1930.56(b). the management
                       the Secretary of the Interior. or desig-             program as originally approved or
                       nee following management program                     amended may describe requirements
                       approval. an OCS plan which describes                regarding data and information which
                       in detail Federal license or permit ac-              will be necessary for the State agency
                       tivities.                                            to assess the consistency of the Feder-
                                                                            al license and permit activities de-
                       � 930.73  OCS plan.                                  scribed In detail in OCS plans.
                         (a) The term OCS plan means any                    �930.76 Submission of an OCS plan and
                       plan for the exploration or develop-                     consistency certification.
                       ment of. or production from any area
                       which has been leased under the                        Any person submitting to the Secre-
                       Outer Continental Shelf Lands Act (43                tary of the Interior -or designee any
                       U.S.C. 1331 et seq.). and the regula-                OCS plan shall:
                       tions under that Act, which is submit-                 (a) Identify all activities described in
                       ted to the Secretary of the Interior or              detail in the plan which are subject to
                       designee following management pro-                   State agency revievr.
                       gram approval and which describes in                   (b) When satisfied that the proposed
                       detail Federal license or permit activi-             activities meet the Federal consistency
                       ties.                                                requirements of this subpart, provide
                         M The requirements of this subpart                 the Secretary of the Interior or desig-
                       do not apply to Federal license and                  nee with a consistency certification.
                       permit applications filed after man-                 attached to the OCS plan. and the
                       agement program approval for activi-                 Secretary of the Interior or designee
                       ties described in detail in OCS plans                shall furnish the State agency a copy
                       approved by the Secretary of the Inte-               of the OCS plan (excluding proprie-
                       rior or designee prior to management                 tary information) and consistency cer-
                       program approval.                                    tification.
                                                                              (c) The person's consistency certifi-
                       � 930.74 OCS activities subject to State             cation shall be in the following form:
                           agency review.                                     The .proposed activities described In.detall
                         Except for States which do not an-                 In this plan comply with (name of Staws))
                       ticipate coastal zone effects resulting              approved coastal mana4gement program(s)
                       from OCS activities, management pro-                 and will be conducted in a manner consist-
                       gram lists required pursuant to                      ent with such program(s).
                       � 930.53 shall include a reference to
                       OCS plans which describe in detail                   � 930.77 Necesowy data and information.
                       Federal license and permit activities                  (a) The State agency shall use the
                       affecting the coastal zone.                          information received pursuant to the
                                                                            Department of the Zriterior's operat-
                       �930.75 State agency assistance to per-              ing regulations governing exploration.
                           sonst information requirements. -                development and production oper-
                         (a) As. a preliminary matter, any                  ation3 on the OCS (see 30 CPR 250.34)
                       person intending to submit to the Sec-               and regulations pertaining to the OCS
                       retary of the Interior and OCS plan                  Information program (see 30 CFR part
                       which describes in detail Federal U.                 252) to determine the consistency of
                       cense or permit activities affecting the             proposed Federal license and Permit
                       coastal zone should obtain the views                 activities described in detail in OCS
                       and assistance of the State agency re-               Plan&
                       garding the means for ensuring that                    (b) The person shall supplement the
                       such activities will be conducted in a               information provided by paragraph (a)
                       manner consistent with the State's                   of this section by supplying the State
                       management program. As part of its                   agency with:
                       assistance efforts. the State agency                   (1) Wormation required by the
                       shall make available for inspection                  State agency pursuant to I 930.75(b).

                                                               201

                     National Oceanic and Atmospheric Adm., Commerce                                � 930.79
                     (2) A brief assessment relating the            (b) Following receipt of the material
                     probable coastal zone effects of the ac-      described in paragraph (a) of this sec-
                     tivities and their associated facilities      tion. the State agency shaU ensure
                     to the relevant elements of the man-          timely public notice of the proposed
                     agement program. and                          activities in accordance with the direc-
                      (3) A brief set of findings. derived         tives within I J 930-61 through 930.62.
                     from the assessment. indicating that
                     each of the proposed activities (e.g..        � 930.79 State agency concurrence or ob.
                     drining. platform placement) and                 jection.
                     their associated facilities (e.g.. onshore     (a) At the earliest Practicable time,
                     support structures. offshore pipelines).      the State agency shall notify the
                     and their effects (eg.. air. water. waste     person. the Secretary of the Interior
                     discharge. erosion. wetlands, beach           or designee and the Assistant Adminis-
                     access impacts) are all consistent with       trator of Its concurrence with or obJec-
                     the provisions of the management pro-         tion to the consistency certification.
                     gram. In developing findings. the             State agencies should restrict the
                     person shall give appropriate weight          period of public notice. receipt of com-
                     to the various provisions within the          ments. hearing proceedings and final
                     management program in accordance              decision-making to the minimum time*
                     with the guidance provided in                 necessary to inform the Public, obtain
                     930.58(a)(4).                                 sufficient comment, and develop a rea-
                      W At the request of the person, in-          sonable decision on the matter. If the
                     terested parties who have access to in.
                     formation required by paragraphs (a)          State agency has not issued a decision
                     and (b)(1) of this section may provide        within three months following com-
                     the State agency with all or part of          mencement of State agency review, It
                     the material required. Furthermore,           shall notify the person. the Secretary
                     upon request by the person. the -State        of the Interior or designee and the As-
                     agency shall provide assistance for de.       sistant Administrator of the status of
                     veloping the assessment and findings          review and the basis for further delay
                     required by paragraphs (b) (2) and (3)        in issuing a final decision. Notice shall
                     of this section.                              be in written form and postmarked no
                     .(d) When satisfied that adequate             later than three months following the
                     protection against public disclosure          State agency's receipt of the certifica-
                     exists, persons should provide. the           tion and supporting information. Con-
                     State agency with confidential and            currence by the State agency shall be
                     proprietary information which the             conclusively presumed if the notifica-
                     State agency maintains. is necessa Y, to      tion required by this subparagraph is
                     make a reasoned decision on the Con-          not provided.
                     sistency of the proposed activities.           (b) Concurrence by the State agency
                     State agency requests. for such infor-        shall be conclusively presumed in the
                     mation must be related to the necessi-        absence of a State agency objection to
                     ty of having such inform tion to              the consistency certification within six
                     assess adequately the coastal zone ef-'       months following commencement of
                     f ects of the proposed activities.            State agency review.
                     � 930.78 Commencement of State agency          (c) If the State agency objects to one
                         review; public notice.                    or more of the Federal license or
                                                                   permit activities described in detail in
                       (a) State agency review of the per-         the OCS plan. it must Provide a sePa-
                     son's consistency certilication begins        rate discussion for each objection in
                     at the time the State agency receives a       accordance with the directives within-
                     copy of the OCS plan. consistency cer.        1930.64 (b) and W. The objection
                     tification. and required necessary data       shall also include a statement inform-
                     and information. A State agency re-           ing the person of a right of appeal to
                     quest for information and data in ad.         the Secretary on the grounds de-
                     dition to that required by, 1930.77           scribed in subpart EL
                     shall not extend the date of com-
       0             mencement of State agency review.

                                                          202

                     � 930.80                                                  15 CFR Ch. IX (1-1-93 Ediflon)
                     � 930.so Effect of State agency concur-          the Person does not consolidate such
                         rence.                                       OCS-related permit activities with the
                       (a) If the State agency issues a con-          State agency's review of the OCS plan.
                     currence or Is conclusively presumed.            such activities will remain subject to
                     to concur with the Person's consisten-           individual State agency review under
                     cy certification. the person will not be         the requirements of subpart D of this
                     required to submit additional consist-           part.
                     ency certifications and supporting in-             (b) A State agency. objection to one
                     formation for State agency review at             or more of the OCS-related Federal 11-
                     the time Federal applications are actu-          cense or permit activities submitted
                     ally filed for the Federal licenses and          for consolidated review shall not pre-
                     permits to which such concurrence ap-            vent the person from receiving Federal
                     plies.                                           agency approval (1) for those OCS-re-
                       (b) Unless the State agency indicates          lated license or permit activities found
                     otherwise. copies of Federal license             by the State agency to be consistent
                     and permit applications for activities
                     described in detail in an OCS plan              ,with the management program. and
                     which has received State agency con-             (2) for the license and permit activities
                     currence shall be sent by the person to          described in detail in the OCS plan
                     the State agency to allow the State              provided the State agency concurs
                     agency to monitor the activities. Con-           with the consistency certification for
                     fidential and proprietary material               such plan. Similarly, a State agency
                     within such applications may be delet-           Objection to the consistency certifica-
                     ed.                                              tion for an OCS plan shall not prevent
                                                                      the person from receiving Federal
                     � 930.81 Federal permitting agency re-           agency approval for those OCS-related
                         sponsibility.                                license or permit activities determined
                       Following receipt of a State agency            by the State agency to be consistent
                     objection to a consistency certification         with the management program.
                     related to Federal license or permit ac-
                     tivities described in detail in an OCS           � 930.83 Amended or new OCS plans. -
                     plan. the Federal agency shall not                 If the State agency objects to           the
                     issue any of such licenses or permits            person's OCS plan consistency certifi-
                     except as provided in subpart H of this          cation. and if. pursuant to Subpart H.
                     part.                                            the Secretary does not determine that
                     � 930.82 Multiple permit review.                 each of the objected to Federal license
                       (a) A person submitting a consisten-           or permit activities described in detail
                     cy certification for Federal license or          in such plan is consistent with the ob-
                     permit activities described in detail in         jectives or purposes of the Act. or is
                     an OCS plan is strongly encouraged to            necessary in the interest of national
                     work with other Federal agencies in              security. the person shall submit an
                     an effort to include, for consolidated           amended or new plan to the Secretary
                     State agency revie*. consistency certi-          of the Interior or designee and to the
                     fications and supporting data and in-            State agency along with a consistency
                     formation applicable to OCS-related              certification and data and information
                     Federal license and permit activities            necessary to support the new consist-
                     affecting the coastal zone which Me              ency determination. The data and in-
                     not required to be described In detail           formation shall specifically describe
                     in OCS plans but which are subjected             modifications made to the original
                     to State agency consistency review               OCS plan. and the manner in which
                     (e.g.. Corps of Engin           permits . for    such modificaiians will ensure that all
                     the placement of structures on the               of the proposed Federal license or
                     OCS and for dredging and the tmns-               permit activities described in detail in
                     portation of dredged material. Envi-             the amended or new plan will be con-
                     ronmental Protection Agency air and              ducted In a manner consistent with
                     water quality permits for offshore op-           the State's man& ement program.
                     erations and onshore support and
                     processing facilities, etc.). In the event

                                                             203

                      National Oceanic and Atmospheric Adm., Commerce                           � 930.86
                      � 930.84 Review of amended or. new OCS     � 930.86 Failure to comply substantially
                       plans; public notice.                       with an approved OCS plan.
                      (a) After receipt Of a COPY Of the         (a) The Department of the Interior
                      amended or new OCS plan. Consisten-        and State agencies shall cooperate in
                      cy certification. and accompanying         their efforts to monitor Federally li-
                      data and information. State agency         censed and permitted activities de-
                      review shaU begin.                         scribed in detail OCS plans to make
                      (b) Following receipt of the material      certain that such activities continue to
                      described in paragraph (a) of this sec-    conform to both Federal and State re-
                      tion. the State agency shall ensure        quirements.
                      timely public notice of the proposed        (b) If a State agency claims that a
                      activities in accordance with the direc-   person Is failing' substantially to
                      tives within I 1930-61 through 930.62,     comply with an approved OCS plan
                      (c) The State agency shall concur          subject to the requirements of this
                      with or object to the person's consist-    Subpart, and such failure allegedly in-
                      ency certification in accordance with      volves the conduct of activities affect-
                      the directives within 1930.79, except      ing the coastal zone in a manner that
                      that the applicable time period for        is not consistent With the approved
                      purposes of concurrence by conclusive      management program. the State
                      presumption shall be three months In-      agency shall transmit its claim to the
                      stead of six months.                       U.S. Geological Survey supervisor for
                      (d) If the State agency issues a con-      the area involved. Such claim shall In.
                      currence or is conclusively presumed       clude: (1) A description of the specific
                      to concur with the person's new con-       activity involved and the alleged lack
                      sistency certification. the person will    of compliance with* the OCS plan. and
                      not be required to submit additional       (2) a request for appropriate remedial
                      consistency certifications and support-    action. A copy of the claim shall be
                      ing information for State agency           sent to the person and the Assistant
                      review at the time Federal applica-        Administrator.
                      tions are actually filed for the Federal    (c) If. after a reasonable time follow-
                      licenses and permits to which such         ing a request for remedial action, the
                      concurrence applies.                       State agency still maintains that the
                      (e) Unless the State agency indicates      person is failing to comply substantial-
                      otherwise, copies of Federal license       ly with the OCS plan, the governor or
                      and permit applications for activities     section 306(c)(5) State agency (see
                      described in detail in an amended Or       1930.18) may file a written objection
                      new OCS plan which has received            with the Secretary. If the Secretary
                      State agency concurrence shall be sent     finds that the person is failln to
                      by the person to the State agency to       comply substantially with the OCS
                      allow the State agency to monitor the      plan, the person shall submit an
                      activities. Confidential and proprie-      amended or new OCS plan along with
                      tary material within such appUcations      a consistency certification and sup-
                      may be deleted.                            porting information to the Secretary
                                                                 of the Interior or designee and to the
                      � 930.85 Continuing State agency . objec-  State agency. Following such &. finding
                        tions.                                   by the Secretary. the person shall
                      If the State agency objects to the         comply with the originally approved
                      consistency certification for an amend-    OCS plan.. or with interim orders
                      ed or new OCS plam the prohibition in      issued jointly by the Secretary and the
                      � 930.81 against Federal agency ap.        U.S. Geological Survey. pending &P-
                      proval of licenses or permits for acUvi-   p@oval of the amended or new OCS
                      ties described in detail in such a plan    plan. The directives within 11930-83
                      applies. further Secretarial review pur.   through 930.85 Shall apply to further
                      suant to subpart H may take place.         State agency review of the consistency
                      and the development of an additional       certification for the amended or new
                      amended or new OCS plan and con-           Pla=
                      sistency certification may be required       Id, A penwn shall be found to have
                      pursuant to I J 930.83 through 930.84-     failed substantially to comply with an

                                                           204

                      � 930."                                                15 CFR Ch. IX (1-1-93 Edition)

                      approved OCS     , plan if the State          Federal Prograrns," and implementing
                      agency claims and the Secretary finds         regulations of the review of Federal fi-
                      that one or more of the activities de-        nancial assistance to states and local
                      scribed in detail in the OCS plan             governments.
                      which affects the coastal zone are            (Executive Order 12372, July 14. 1982 (47
                      being conducted or are having a coast-        PrR 30959). as amended April 8. 1983 (48 PR
                      al zone effect substantially different        15587): sec. 401. Intergovernmental Coop-
                      than originally described by the              eration Act of 1968. as amended (31 U.S.C.
                      person in the plan or accompanying            6506Y. see 204. Demonstration Cities and
                      information and. as a result, the activi.     Metropolitan Development Act of 1966 as
                      ties are no longer being conducted in a       amended (42 U.&C. 3334)).
                      manner consistent with the State's            [48 PR 29136. June 24. 19831
                      management program. The Secretary
                      may make a finding that a person has          � 930.94 State intergovernmental review
                      failed substantially to comply with an            pro"" for consistency.
                      approved OCS plan only after provid-            The process by which states with ap-
                      ing a reasonable opportunity for the          proved coastal management programs
                      person and the Secretary of the Interi-       may review applications from state
                      or to review the State agency's objec-        agencies and local governments for
                      tion and to submit comments for the           Federal assistance should be developed
                      Secretary's consideration.                    by each state in accordance with Exec-
                                                                    utive Order 12372 and implementing
                      Subpart FL-Consist*ncy.      for Federal      regulations- In accordance with the
                          Assistance to State and Local             Executive Order and regulations.
                          Governments                               states rnay use this process to review
                                                                    such applications for consistency with
                      � 930.90 Objectives,                          their approved coastal management
                        The provisions of this subpart are          programs.
                      provided to assure that Federal assist-       (Executive Order 12372. July 14. 1982 (47
                      ance to State and local governments           FR 30959). as amended April 8. 1983 (48 FR
                      for activities affecting the coastal zone     15587); sec. 401, Intergovernmental Coop-
                      ,is granted only when such activities         eration Act of 1968, as amended (31 U.S.C.
                                                                    6506); see 2N. Demonstration Cities and
                      are consistent with approved coastal          Metropolitan Development Act of IM as
                      zone managements programs.                    amended (42 U.S.C. 3334)).
                      � 930.91 Federal assistance.                  E48 PR 29137. June 24. 19831
                        The term Federal a&vi3tance means           � 930.96 Guidance provided by the State
                      assistance provided under a Federal               agency.
                      program to an applicant agency                   a) State agencies should include
                      through grant or contractual arrange-         within the man ement program a
                      ments. loans. subsidies, guarantees, in-      listing of specific types of Federal ajs-
                      surance, or other form of financial aid.      sistance programs subject to a consist-
                      � 930.92 Applicant agency.                    ency review. Such a listing, and any
                                                                    amendments,       will 'require prior
                        The term applicant agency means             306(c)(5) state agency (see 1930-18)
                      any unit of State or local government.        'consultation with affected Federal
                      or any related public entity such as a        agencies and approval by the Assistant
                      special purpose district, which. follow.      Administrator.
                      ing management program approval.                (b) In the event the State agency
                      submits an application for Federal as-        choose3 to review applications for Fed-
                      sistance.                                     eral awd tance activities outside of the
                                                                    coastal zone but likely to affect the
                      �930.93 Intergovernmental review Pm*          coastal zone. the State agency must
                          es&                                       develop a Federal asais=ce provision
                        The term "intergovernmental review          within the man ement program gen-
                      process" describes the procedure3 es-         erally deseMbing the geographic area
                      tablished by states pursuant to E.O.          (e.g. coastal floodolain ) within which
                      12372. "Intergovernmental Review of           Federal aaaWtance activities Will- be

                                                             205

                      National Oceanic and Atmospheric Adm., Commerce                                � 9340.98
                      subject to review. This provision. and         (d) A State agency objection may be
                      any refinements. Will require prior          based upon a determination that the
                      306(c)(5) State agency consultation          applicant agency has failed. following
                      with affected Federal agencies and ap-       a written State agency request. to
                      proval by the Assistant Administrator.       supply necessary information. U the
                      W The State agency shall provide             State agency objects on the grounds of
                      copies of any Federal assistance list or     insufficient information. the objection
                      geographic provision. and any refine-        must describe the nature of the infor-
                      ments. to Federal agencies. units of         mation requested and the necessity of
                      State or local government empowered          having such inform tion to determine
                      to undertake Federally assisted activi-      the consistency of the activity with
                      ties within the coastal zone or de-          the management program.
                      scribed geographic area.                       (e) State agency objections shall in.
                                                                   clude a statement informing the appli.
                      ('.Executive Order 12372. July 14. 1982 (47  cant agency of a right of appeal to the
                      FIR 30959). as amended April 8. 1993 (48 PR  Secretary on the grounds described in
                      15587); sec. 401. Intergovernmental Coop-    subpart H of this part.
                      eration Act of 196& as amended (31 U.S.C.
                      6506% sec 204. Demonstration Cities and      (Executive Order 12372. July 14. 1982 (47
                      Metropolitan Development Act of 1966 as      PR 30959). as amended April 8, 1993 (48 PR
                      amended (42 UaC. 3334)).                     15587): 3e--- 401. Intergovernmental Coop-  .
                      E44 PR 37143. June 25. 1979. p
                                                    .edesignlted   eration. Act Of 1968. as amended (31 U.S.C.
                      and &-ended at 48 PR 29136. June 24. 1983]   6506% 3ft 204. Demonstration Cities and
                                                                   Metropolitan Development Act of 1966 as
                      11930.96 Consistency review.                 amended (42 U.&C. 3334)).
                                                                   E44 PR 37143. June 25. 1979. as amended at
                      (a) If pursuant to the      intergovern-     48 PR 29137. June 24.19831
                      mental review process, the State
                      agency does not object to the proposed       � 930.97 Federal assisting agency responsi-
                      activity, the Federal agency may grant           bility.
                      the Federal assistance to the applicant,       Following receipt of a State agency
                      agency. Notwithstanding State agency,        objection. the Federal agency shall
                      consistency approval for the Proposed        not approve assistance for the activity
                      piroject. the Federal agency may deny'       except as provided in Subpart H of
                      assistance to the applicant agency.)         this part.
                      Federal agencies should not delay,
                      processing applications pending re-          � 930.98 Federally assisted activtties. out-
                      ceipt of a State agency approval or ob-          side of the coastal zone or the de-
                      Jection. In the event a Federal agency           scribed geographic area.
                      determines that an application will            (a) State agencies @should monitor
                      not be approved. it shall immediately        proposed Federal assistance activities
                      notify the applicant agency and the          outside of the coastal zone or the de.
                      State agency.                                scribed geographic area (e.g.. by use of
                      (b) If pursuant to the Intergovern.-         the Intergovernmental review process,
                      mental review process. the State             review of NEPA environmental impact
                      agency objects to the ' proposed             statements, etc.) and shall Immediate-
                      -project, the state agency shall notify      ly notify applicant agencies, Federal
                      the applicant agency. Federal agency         agencies, and any other agency or
                      and the Assistant Administrator of the       office which may be identified by the
                      objection.                                I  state in Its intergovernmental review
                      (c) State agency objections must de-         process pursuant to F.O. 12372 of pro-
                      scribe: (1) How the proposed project is      posed activities which can reasonably
                      inconsistent with specific elements of       be expected to affect the coastal zone
                      the management program and (2) &1-           and which the State agency is review-
                      ternative measures (if they exist)           ing for consistency with the man e-
                      which. if adopted by the applicant           ment program- Notification shall also
                      agency, would permit the proposed            be sent by the SULte agency to the As-
                      project to be conducted in a manner          sistant Administrator. State agencies
                      consistent with the man ement pro-           must inform the parties of objections
                      gram-                                        within the time period permitted

                                                            206

                     � 930."                                                   15 CFR Ch. IX 0-1-93 Edition)

                     under the intergovernmental review               determined to be consistent with the
                     process. otherwise the State agency              State's management program. . but
                     waives its right to object to the pro-           which the State agency later main-
                     posed activity.                                  tains is being conducted or is having a
                      (b) If within the permitted time                coastal zone effect substantially differ-
                     period the State agency notifies the             ent ;Lhan originally proposed and. as a
                     Federal agency Of its objection to a             result, is no longer consistent with the
                     proposed Federally assisteO activity.            State management program. or (2)
                     the Federal agency shall not provide             previously determined not to be a
                     assistance to- the applicant agency              project affecting the coastal zone, but
                     except as provided in Subpart H.                 which the State agency later main-
                     unless the Assistant Administrator dis-          tains is being conducted or is having a
                     approves the State agency's decision             coastal zone effect substantially differ-
                     to review the activity. The Assistant            ent than originally proposed and, as a
                     Administrator shall be guided by the             result the project- affects the coastal
                     provisions in J 930.54 W and W.                  zone in a manner inconsistent with the
                     (Executive Order 12372, Ju1Y 14. 1982 (47        State's management program. The
                     FR 30959). as amended April 8. 1983 (48 FR       State agency's request, must include
                     155s7); sec. 401. Intergovernmental Coop-        supporting information and a proposal
                     eration Act of 1968. as amended (31 U.S.C.       for recommended remedial action: 'a
                     6506); sec 204. Demonstration cities and         copy of the request must be sent to
                     Metropolitan Development Act of 1966 as          the applicant agency.
                     amended (42 U.S.C. 3334)).                         (c) If. after a reasonable time follow-
                     C44 FR 37143, June 25. 1979. as amended at       ing a request for remedial action, the
                     48 FR 29137. June 24, 19831                      State agency still maintains that a se-
                     � 930.99 Availability of mediation for Fed-      rious disagreement exists 'with the
                         eral assistance disputes.                    Federal agency, either party may seek
                                                                      the Secretarial mediation services pro-
                       In the event of a serious disagree-            vided for in subpart G -of this part.
                     ment between a Federal and State
                     agency regarding whether a Federal                 Subpart Q-S*cretarial M*diation
                     assistance activity is subject to consist-
                     ency review, either party may request            � 930.110 Objectives.
                     the Secretarial mediation services pro-            The purpose of this subpart is to de-
                     vided f or in subpart G of this part.
                     The existence of a serious disagree-             scribe mediation procedures which
                     ment will not relieve the Federal                Federal and State agencies may use to
                     agency from the responsibility for               attempt to resolve       iserious disagree-
                     withholding Federal assistance for the           ments which &rise during the adminis-
                     activity pending satisfaction of the re-         tration of approved management pro-
                     quirements of this subpart, except in            grams.
                     cases where the Assistant Administra-            � 930.111. InformW negotiation&
                     tor has disapproved a State agency de-
                     cision to review an activity.                      The availability of mediation does
                                                                      not preclude use by the parties of al-
                     � 930.100 Availability of mediation for          ternative means for resolving their dis-
                         previously reviewed activitie&               agreement. In the event a serious- dis-
                       (a) Federal and State agencies shall           agreement arises. the parties are
                     cooperate in their efforts to monitor            strongly encouraged to make every
                     Federally assisted activities in order to        effort to resolve. the disagreement in-
                     make certain that such activities con-           formally. O-CZM shall be avaUable to
                     tinue to conform to both Federal and             assist the parties in these effort&
                     State requirements.
                       (b) The State agency shall request             � 930.112 Request for mediadem
                     that the Federal agency take appropri-             (a) The Secretary or other head of a
                     ate remedial action foUowing a serious           'Pederal agency, or the Governor or
                     disagreement resulting from a State              the section 306(cXS) State agency (see
                     agency obJection to a Federally assist-          1930.18). may notify the Secretary in
                     ed activity which was: (1) Previously            writing of the existence of a serious

                                                            207

                     National Oceanic and Atmospheric Adm., Commerce                              � 930-116
                     disagreement, and may request that            will be recorded and the hearing offi.
                     the Secretary seek to mediate the seri-       cer shall provide transcripts and copies
                     ous disagreement. A copy of the writ-         of written information offered at the
                     ten request must be sent to. the agency       hearing to the Federal and state
                     with which the requesting agency dis-         agency parties. The public may inspect
                     agrees, and to the Assistant Adminis-         and copy the transcripts and written
                     trator.                                       information provided to these agen-
                     (b) Within 15 days following receipt          cies.
                     of a request for mediation the dis-
                     agreeing agency shall transmit a writ-        � 930.114 Secretarial mediation efforts.
                     ten response to the Secretary. and to          (a) Following the close of the hear-
                     the agency requesting mediation. indi-        ing, the hearing officer shall transmit
                     cating whether it wishes to participate       the hearing record to the Secretary.
                     in the mediation process. If the dis-         Upon receipt of the hearing record.
                     agreeing agency declines the offer to         the Secretary shall schedule a media-
                     enter into, mediation efforts, it must        tion conference to be attended by rep-
                     indicate the basis for its refusal in its     resentatives from the Office of the
                     response. Upon receipt of a refusal to        Secretary.. the disagreeing Federal and
                     participate in mediation efforts, the         State agencies, and any other interest-
                     Secretary shall seek to persuade the          ed parties whose participation is
                     disagreeing agency to reconsider its
                     decision and enter into mediation ef-         deemed necessary by the Secretary.
                     forts. If the disagreeing 'agencies do        The Secretary shall provide the par-
                     not all agree to participate, the Secre-      ties at least 10 days notice of the time
                     tary will cease efforts to provide medi-      and place set for the mediation confer-
                     ation assistance.                             ence.
                                                                    (b) Secretarial mediation. efforts
                     � 930.113 Public hearings.                    shall last only so long as the Federal
                      (a) If the parties agree to the media-       and State agencies agree to partict-
                     tion process, the Secretary shall ap-         pate.'The Secretary shall confer with
                     point a hearing officer who shall             the Executive Office.of the President,
                     schedule a hearing in the local area          as necessary, during the mediation
                     concerned. The hearing officer shall          process.
                     give the parties at least 30 days notice
                     of the time and place set for the hear-       � 930.115 Termination of mediation.
                     ing and shall provide timely public            Mediation shall terminate (a) at any
                     notice of the hearing.                        time the Federal and State agencies
                      (b) At the time public notice is pro-        agree to a resolution 'of the serious dis-
                     vided. the Federal and State agencies         agreement. (b) if one of the agencies
                     shall provide the public 'with conven-        withdraws from mediation. (c) in the
                     ient access to public data and inforraa-      event the agencies fail to reach a reso-
                     tion related to the serious disagree-         lution of the serious disagreement
                     ment.                                         within 15 days following Secretarial
                      (c) Hearings shall be informal and           conference efforts. and the agencies
                     shall be conducted by the hearing offi-       do not agree to extend mediation
                     cer with the obJective of securing in a       beyond that period. or (d) for other
                     timely fashion Information related to         good cause.
                     the disagreement. The Federal and
                     State agencies, as well as other Inter-       0930.116 Judicial review.
                     ested partim m%L offer information at
                     the hearing subject to the hearing of-         The availability of the mediation
                     ficer's supervision as to the extent and      services provided in this subpart is not
                     manner of presentation. Unduly rep-           Intended expressly or implicitl-v to
                     etitious oral presentation roll be ex-        limit the parties' use of alternate
                     cluded at the discretion of the hearing       forums to resolve disputes. Specifical-
                     officer. in the event of such exclusion       ly. judicial review where otherwise
                     the party may provide the hearing of-         available by law may be sought by any
                     f1cer with a written submisslon of the        paxty to a serious dj@mgreement with-
                     proposed oral presentatiorL Hearir=           out first having exhausted the media-

                                                         208

                        � 930.120                                                  15 CFR Ch. IX (1-1-93 Edition)
                        tion process provided for in this sub-            eral license or permit activity, or a
                        part.                                             Federal assistance activity which, al-
                                                                          though inconsistent with a State's
                        Subpart H-S*a*farial Review Relat-                management program. is found by the
                            ed to the Objectives or Purposes              Secretary to be permissible because a
                            of the Ad and National Security               national defense or other national se-
                            Interests                                     curity interest would be significantly
                                                                          impaired if the activity were not per-
                        � 930.120 Objectives.                             mitted to go forward as proposed. Sec-
                          The provisions of this subpart          pro-    retarial review of national security
                        vide procedures by which the Secre-               issues shall be aided by information
                        tary may find that a Federal license or           submitted by the Department of De-
                        permit activity. including those de-              fense or other interested Federal agen-
                        scribed -in detail in an OCS plan. or a           cies. The views of such agencies, while
                        Federal assistance activity, which Is in-         not binding. shall be given consider-
                        consistent with a management pro-                 able weight by the Secretary. The Sec-
                        gram may be federally approved be-                retary will seek information to deter-
                        cause the activity Is consistent with             mine whether the obJected-to activity
                        the objectives or purposes of the Act.            directly supports national defense -or
                        or is neces=y in the interest of na-              other essential national security obJec-
                        tional security.                                  tives.
                        � 930.121 Consistent with the objectives or       9 930.123 Appellant.
                           purposes of the Act.                             The term "appellant" refers to an
                          The term "consistent with the objec-            applicant. person or applicant agency
                        tives or purposes of the Act" describes           submitting an appeal to the Secretary
                        � Federal license or permit activity, or          pursuant to the provisions of this sub-
                        � Federal assistance activity which, al-          part.
                        though inconsistent with. a State's
                        management program. is found by the               9 930.124 Informal discussions.
                        Secretary to be permissible because it              In the event the State agency in-
                        satisfies the following four require-             forms the applicant. person or appli-
                        ments:                                            cant agency that It intends to object to
                          (a) The activity furthers one or more           the proposed activity. the parties
                        of the competing national objectives              should consult informally to attempt--
                        or purposes contained in section 302 or           to resolve the matter in a manner
                        303 of the Act,                                   which avoids the necessity of appeal-
                          (b) When performed separately or                ing the issue to the Secretary. 0C!2M
                        when its cumulative effects are consid-           shall be available to assist the paxties
                        ered. it will not cause adverse effects           in these discussions.
                        on the natural resources of the coastal
                        zone substantial enough to outweigh               9 930.125 Appeals to the Secretary.
                        its contribution to the national inter-
                        est.                                                (a) An appellant may file a notice of
                          (c) The acti@ity will not violate any           appeal with the Secretary. with 30
                        requirements of the Clean Air Act. as             days of the appellant's receipt of a
                        amended. or the Federal Water Pollu-              State agency objection. The notice of
                        tion Control Act. as amended. and                 appeal shall be accompanied by a
                          (d) There is no reasonable alterna-             statement in support of the appel-
                        tive available (e.g.. location design.            lant's poattiom along with supporting
                        etc.) which would permit the activity             'data and information. The appellant.
                        to be- conducted in a manner consist@             shall send a copy of the notice of
                        ent with the management program                   appeal and accompanying documents
                                                                          to the Federal and State agencies In-
                        � 930.122 Necessary in the interest of n&-        volved.
                            tional security.                                (b) No extension of time will be per-
                          The term "necessary in the interest             mitted for the filing- of a notice of
                        of national security" describes a Fed-            appeal.

                                                               209

                     National Oceanic and Atmospheric Adm., Commerce                                � 930-131
                       (c) The Secretary may approve a             stating that the agency has disap-
                     reasonable request for in extension of        proved the Federal license, permit or
                     time to submit supporting information         assistance application.
                     so long as the request is filed with the        (d) Failure of the appellant to base
                     Secretary within the 30-day period.           the appeal on grounds that the pro.
                     Normally, the Secretary shall limit an        posed activity either (1) is consistent
                     extension period to 15 days.                  with the objectives or purposes of the
                     � 930.126 Federal and State agency re-        Act or (2) is necessary in the interest
                         sponsts to appeal&                        of national security.
                       (a) Upon receipt of the       notice of     � 930.129 Public hearing&
                     appeal and supporting information.              The Secretary may order a hearing
                     the Federal and State agencies shall
                     have 30 days to submit detailed com-          independently or m* reponse to a re-
                     ments to the Secretary. Copies of such        quest. If a hearing is ordered by the
                     comments shalI be sent to the appel-          Secretary it shall be guided by the
                     lant and other agency within the same         procedures described within J 930.113.
                     time period.                                  � 930.130 - Secretarial review.
                       (b) Requests for extensions may be
                     made pursuant to I 930.125(c).                  (a) In reviewing an appeal. the Sec-
                                                                   retary shaU find that a Proposed Fed-
                     � 930.127 Public notice. receipt  of com-     eral license or permit activity, or a
                         ments.                                    Federal assistance activity, is consist-
                       (a) The Secretary shall           provide   ent with the objectives or purposes of
                     timely public notice of the appeal            the Act, or is necessary in the interest
                     within 15 days of receipt of the notice.      of national security', when the infor-
                     At a minimum Public notice shall be           mation. submitted supports this con-
                     provided in the immediate area of the         clusion.
                     coastal zone which is likely to be af-          (b) The Secretary shall make an rea-
                     fected by the proposed activity. At the       sonable efforts to complete consider-
                     time public notice is provided, the Fed-      ation of an appeal within go days from
                     eral and State agencies -shall provide        the date of public notice.
                     the public with convenient access to            (c) Following consideration of the
                     copies of the appellant's notice Of           appeal, the Secretary shall issue a de-
                     appeal and accompanying public infor-         cision in writing to the appeHant and
                     mation. and to the public information         to the Federal and State agencies indi-
                     in the agencies' detailed comments.           cating whether the proposed activity
                       (b) Interested persons may submit           is consistent with the objectives or
                     comments to the Secretary within 30           purposes of the Act. or is necessary in
                     days from the date of public notice.          the interest of national security; the
                     with copies provided to the appellant         decision shall include the basis for
                     and to the Federal and State agencies         such finding. The Secretary shall pro-
                     within the same time period.                  vide public notice of the decision.
                       (c) Requests for; extensions may be           (d) The decision of the Secretary
                     made pursuant to I 930.125(c).                shall constitute final agency action for
                     9 930.128 Dismissal of appeals.               the purposes of the Admini tmtive
                       The Secretary may dismi                an   Procedure Act.
                     appeal for good cause. Good cause             1930.131 Federal agency responsibility.
                     shall include, but is not limited to:
                       (a) Failure of the appeELant to               (a) If the Secretary finds that the
                     submit a notice of appeal within the          Proposed activity is consistent with
                     required 30-day period.                       the objectives or purposes of the Act,
                       (b) Failure of the aPpeEAnt to              Or is. necessary in the interest of na-
                     submit the supporting information             tional security. the Flederal agency
                     within the required period' or ap-            may approve the activity.
                     proved extension period;                        (b) If the Secretary does not make
                       (c) Secretarial receipt of a detaffed       either of these findings. the Federal
                     comment from the Pederal agency               agency shall not approve the activity.

                                                              210

                        � 930.132                                                     15 CFR Ch. IX (1-1-93 Edition)
                        1930.132 Review initiated by the Secre.             Subpart I@Assisfant Administrator
                            tary.                                                 Reporting         and         Continuing
                          (a) The Secretary may choose to                         Review of Federal Actions Sub-
                        consider whether a Federal license or                     jed to the Federal Consistency
                        permit activity, or a Federal assistance                  Requirements
                        activity, is consistent with the objec-
                        tives or purposes of the Act. or is nec-            � 930.140 Objectives.
                        essary in the interest of national secu-
                        rity. Secretarial review may be initiat-              The provisions of this subpwt pro.
                        ed either before of after the comple-               vide procedures to Permit interested
                        tion of State agency review. The Sec-               parties to notify the Assistant Admin-
                        retary's decision to review the activity            istrator of Federal actions (a) believed
                        may result from an independent con-                 to be inconsistent with an approved
                        cern regarding the activity or a re-                Management program but which are
                        quest from interested parties. If the               not so found by the Federal or State
                        Secretary decides to initiate review,               reviewing agency, and M believed to
                        notification shall be sent to the appli-            have been incorrectly determined to
                        cant. person or applicant agency, and               be inconsistent with an approved man.
                        to the Federal and State agencie& The               agement program. This subpart also
                        notice shaU include a statement de-                 provides for the reporting of any ]Fed.
                        scribing the reasons for the review and             eral actions found by the Assistant Ad.
                        shaU contain a request for submission               ministrator to be inconsistent with an
                        of detailed comments to be submitted                approved management program and
                        within 30 days from receipt of the no-              for the performance review of State
                        tificatlon. Copies of comments shall be             implementation of the Federal consist.
                        exchanged among the parties.                        ency provisions of this part.
                          (b) Requests for extensions may be                1930.141 Notification of Federal actions
                        made pursuant to I 930.125(c).                          believed to be inconsistent with ap.
                        9930.133 Public notice: receipt        of com-          proved nuumpment progranuL
                             ments; public hearings.                          (a) Interested parties are invited to
                          (a) Upon receipt of detailed com-                 submit to the Assistant AdTnin' tmtor
                        ments from the parties. the Secre                   detailed comments related to the al-
                                                                    tary    leged inconsistency of Federal activi-
                        shall provide pubUc notice and request              ties including development projects.
                        public comments in accordance with                  Federal Ucense. or permit activities, in.
                        the provisions in 1930.127.                         cludina those described in detail in
                          (b) The Secretary may order a hear.               OCS plans, and Federal assistance ac.
                        ing in accordance with the provisions               tivities which are subject to the re-
                        in 1930.129.                                        quirements of this part, and which
                        � 930.134 Secretarial       review;      Federal    have not been found by a Federal
                            agency responsibility.                          agency or State agency to be inconsist-
                                                                            ent with an approved management
                          (a) Secretarial reviewshall be under-             program Copies of such comments
                        taken in accordance with the provi.                 should be sent to relevant Federal and
                        sions in 1930.130.                                  State agencies. and to the applicant,
                          (b) Federal agencies are responsible              person or applicant agency as appro-
                        for adhering to the provisions in                   Pri'Lte-
                        � 930.131 when deciding to approve or                 M Comments need not conform to
                        deny an application for an activity ob-             any particular form. but should be
                        Jected to by a State agency and inde-               specific, substantive and factual. and
                        pendently reviewed by the Secretary.                must describe how the Federal action
                                                                            is or would be                  t with an W
                                                                            proved managem            program
                                                                              (c) 0               ra we         uraged to
                                                                                       --d                    or alterna-
                                                                            tives to the existing or propowd action

                                                                         211

                         National Oceanic and Afm*$Ph*ric Adm.r Commerce                                                 Pt. 931
                         which would enable it to be consistent                 with an approved management pro-
                         with the management program.                           gram.
                            (d) The Assistant Administrator
                         shall assure Uiat public information                   � 930-145 Review of the implementation of
                         within such comments is made avail-                         Federal consistency provisions.
                         able for public impfttion.                               As Part of the responsibility to con-
                         �930.142 Notification of Federal action,               duct a continuing review of approved
                                                                                management programs. the Assistant
                              believed to have been incorrectly deter'          Administrator shall review the per-
                              mined to be inconsistent with an ap.              formance of each State's implementa-
                              proved management program.                        tion of the Federal consistency provi-
                            (a) Interested Parties are invited to               SiOns In this part. The Assistant Ad-
                         submit to the Assistant Administrator                  ministrator shall use information re-
                         detailed comments related to Federal                   ceived pursuant to this subpart to
                         license and permit activities, including               evaluate instances where a State
                         those descrIbed in detail in OCS plans,                agency is believed to have either failed
                         and Federal assistance activities which                to object to inconsistent Federal ac-
                         are believed to have been incorrectly                  tions. or improperly objected to con.
                         determined by a State agency to be in.                 sistent Federal actions. This evalua-
                         consistent with an approved manage-                    tion shall be incorporated within the
                         ment program Copies of such com.                       Assistant Admini trator's general ef.
                         ments; should be sent to the relevant                  forts to ascertain instances where a
                         Federal and State agencies, and to the                 State has not adhered to its approved
                         applicant, person, or applicant agency                 management program and such lack of
                         as appropriate.                                        adherence is not justified.
                            (b) Comments need not conform to
                         any particular form but should be
                         specific, substantive, and factual, and                      ART 931-COASTAL ENERGY
                         must clearly describe the basis for the                            IMPACT PROGRAM
                         belief that the State agency has incor-
                         rectly objected to the Federal action                                Subp4w A-4kwerel
                         on the grounds of its inconsistency
                         with the management program.                           See.
                            (c) The Assistant Administrator                     931.1 Coas        Energy Impact Prg&=-
                         shall assure that public information                       general d       ption.
                         within such comments is made avail-                    931.2  ObJecti      of the CEIP.
                         able for public inspection.

                         � 930.143 Assistant Administrator report.              931.9  Index to def tio
                              ing.                                              931.10  Act.
                            After considering the views of inter-               931.11  Co--W zo
                                                                                931.12  Flund.
                         ested parties. the relevant Federal                    931.13  Coastal energy        vity.
                         agency, State agency. and the appli.                   931.14  Significantly
                         cant, person, or applicant agency, as                  931.13  New or e        ded astal energy ac.
                         appropriate, the Assistant Administra-                     tivity.
                         tor shall determine whether the Ped-                   931.16 Outer C         en &I Sh
                         eral action will be Included in the                    931.17  Outer ntinenw, She energy ac-
                         annual report listing of inconsistent                      tivity.
                         Federal actiona.                                       931.18  Ene       facility.
                                                                                931.19  Ne or expanded energy f
                         � 930.144 Assistant Administrator advisory             931.20  U t of general purpose        1       gov-
                              statement&                                        931.21 nit of local government
                            Upon request. the Aubtant, Admin-                   931.    NOAA and OCZ3L
                         istrator may issue an advisory state-                  931.    Assistant Administrator.
                         ment prior to the inuance of the                       931 4   NEPA and EISL
                         annual report indicating whether a                               Subpart Cp4kok 11111@611111
                         Federal action will be listed within the
                         annual report as being Inconsistent                    931.23  Eligible coastal State.

                                                                         212

                          � 931.1                                                               15 CFR Ch. IX (1-1-93 Edition)

                          Sec.                                                         Sec.
                          931.26 Satisfactory progress.                                   Subpart H-Lateral Seaward Boundaries
                          931.27 Eligibility determination.                     	931.80 General.
                              Subpart D-Coastal Energy Impact Grants              931.81 Establishment of delimitation lines
                                                                                        when agreements exist between States.
                          931.30    General.                                      931.82 Establishment of delimitation lines
                          931.31    Objectives.                                      when no agreements exist between
                          931.32    Definitions.                                     States.
                          931.33    Eligibility for financial assistance    	931.83 Establishment of delimitation lines
                                under this subpart.                                       under later compacts or agreements.
                          931.34 	  Allowable uses.                               931.84 Procedures for defining delimitation
                          931.35	  Section 308(c) allotment.                            lines by equidistance principles.
                          931.36    Application for financial assistance.         931.85 Formula grants impounded for dis-
                          931.37    Limitations on expenditures.                        puted areas.

                             Subpart E Financing Public Facilities and                  Subpart I-General Provisions
                                         Public Services                       	931.90 Allowable costs.
                          931.40    General.                                      931.91 Admimistrative procedures.
                                                                                  931.92 (Reserved)

                          931.41    Objectives                                    931.93    Other Federal requirements.
                          931.42    Definitions.                                  931.94    Environmental review.
                          931.43    Eligibility.                                  931.95    Records.
                          931.44    Allowable uses.                               931.90    Audit
                          931.45    Credit assistance inventory.                  931.97    Recovery of funds.
                          931.46    Allotment formula.                            931.98    0ther sources of Federal funding.
                          931.47    Allotment of credit assistance.               931.99    Coordination with State coastal
                          931.48    Recall and reversion of allotted                         zone management agency.
                                credit assistance.
                          931.49 Application for recalled or reverted                               Subpart J-Intrastate Allocation of Financial
                                credit assistance.
                          931.50 Application for financial assistance                                    Assistance
                                to provide public facilities and services.         931.110    General.
                          931.51 Special requirements for section                  931.111    Objective.
                                308(dXD loans.                                     931.112    Intrastate Allocation.
                          931.52 Special requirements for section                  931.113    Forms of assistance.
                                308(d)(2) Federal guarantees.                      931.114    Appeal to Assistant Administrator.
                                 Subpart F-repayment Assistance                         Subpart K-Allotment of Section 308(b)
                          931.60    General.                                                          Formula Grants
                          931.61    Objectives.
                          931.62    Definitions.                                   931.120     General.
                          931.63    Purposes.                                      931.121     Definitions.
                          931.64    Sources of repayment assistance.               931.122     OCS regions.
                          931.65    General eligibility.                           931.123     Impacted State.
                          931.66    Reports.                                       931.124     Eligibility
                          931.67    Review for repayment assistance.         	 931.125     Allotment of section 308(b) formu-
                          931.68    Award of repayment assistance.                	la grants.
                          931.69    Appeal procedure.                              931.126	 Recall of formula grants.
                                                                                     AUTHORITY; Sec. 308, Coastal Zone Man-
                          Subpart G-Grants for Unavoidable Losses of            agement, Act of 1972 (Pub. L. 92-583, 86
                                Valuable Coastal Environmental and Rec-        Stat. 1280. 16 U.S.C. 1451 et seq.), as amend-
                                reational Resources                            ed by Pub. L. 95-327, unless otherwise
                                                                                   noted.
                          931.70    General.                                           Source 44 FR 29584. May 21. 1979, unless
                          931.71    Objectives.                                  otherwise noted.
                          931.72    Definitions.
                          931.73    Eligibility.
                          931.74    Allowable uses.                                             Subpart A--General
                          931.75    Allotment of section 308(dX4) envi-
                               ronmental and recreation grants.                931.1 Coastal Energy Impact Program-
                          931 76    Reversion of allotted funds                         general description.
                          93 .77    Application for environmental and                The Coastal Energy Impact Program
                                recreational grants.
                          931.78 	  Limitations.	                                      (CEIP) was established under section

                      National Oceanic and Atmospheric Adm., Commerce                                        � 932.1
                      TA=Total amount available under section            year that fol1ows the fiscal year in
                                                                         which the funds were awarded to the
                          308(b).                                        State, the State will have sixty (60)                                                                             the           ere awarded t         he
                      F=Formula amount for that State.                   days to resubmit an application for
                      SF=Sum of the formula amounts that ex-             these funds. If a substitute application
                      ceeds	 2 percent of the amount available.          is not submitted within this time												  S=Number of States where formula amount    	these funds.        SUbStit e application
                         exceed 2 percent.                               period the funds will be subject to re-
                       (4)    Maximum amount. If after the               covery under 931.97. Funds recovered
                      calculations performed in paragraphs     		   under this section and 931.97 will be
                      (c)(1) and (3) of this section any coast-  	   reallotted among eligible coastal
                      al State would receive an allotment 	         States as soon as practicable.							             that is greater than 37 1/3 percent of          =a           oon as practicable.
                      the amoount available, the Assistant                    (44 FR 31011, May 30. 1979)
                      Administrator shall reduce the allot-
                      ment of that State to 37 1/2 percent of                     PART 932-COASTAL ZONE
                      the amount available.                                ENHANCEMENT GRANTS PROGRAM
                       (5) Redistribution. Any amount not
                      allotted by virtue of application of           Sec.
                      paragraph (c)(4) of this section will be      932.1  General.
                      reallotted proportionally among those         932.2  Objectives.
                      coastal States that at this point in the      932.3  Definitions.
                      calculation receive an allotment great-       932.4  Allocation of section 309 funds.
                                                                    932.5  Criteria for section 309 project selec-
                      er than 2 percent but less than 37 1/2              tion.
                      percent of the amount available. For          932.6 Pre-application procedures.
                      purposes of this paragraph "reallotted        932.7 Formal application for financial as-
                      proportionally" means allotment in ac-           asistamce and application review and ap-
                      cordance with the provisions of Para-            proval procedures.
                      graph (c)(1) of this section except that      932.8 Revisions to assessments and strate-
                      only those States that receive an allot-          gies.
    			ment greater than 2 percent and less         AUTHORITY: Section 309 of the Coastal
                      than 37 1/2 percent will participate in       Zone Management Act. as amended (16
                      the calculations described in that             U.S.C. 1456).
                      paragraph.                                         Source 57 FR 31116, July 14, 1992, unless
                      (44 FR 29584, May 21, 1979: 44 FR 31011,          otherwise noted.
                      May 30, 1979)                                     � 932.1 General.
                      � 931.126 Recall of formula grants.                    (a) The purpose of this part is to set
                       (a) Except as provided in subpart C,       	forth the criteria and procedures for
                      funds allotted under this subpart will          awarding coastal zone enhancement
                      remain available for application by the         grants under section 309 of the Coast-

                      recipient coastal State until Septem-          al Zone Management Act, as amended
                      ber 30, 1988. Funds not applied for by         (16 U.S.C. 1456). This part describes
                      this date will be returned to the      	     the criteria States must address in de-
                      United States Treasury.                        veloping and implementing coastal
                       (b) Funds allotted under his sub-             zone enhancement objectives, the pro-
                      part and which have been awarded to      	     cedures for allocating section 309
                      a State must be expended or commit-            funds between weighted formula and
                      ted by the State by the end of the             individual review of proposals of spe-
                      fiscal year immediately following the          cial merit, how the amount of section
                      fiscal year in which such funds were
                                            				     309 weighted formula grants will be
                      awarded or be subject to recovery              determined, the criteria NOAA will
                      under 931.97.                                  use to evaluate and rank individual
                        (c) If an application for which funds        proposals of special merit and the
                      have been committed by a State is              procedures for applying for financial
                      withdrawn either within sixty (60)             assistance under section 309.
                      days before the end of the fiscal year             	(b) A coastal State with an approved
                      that follows the fiscal year in which             program under section 306 of the
                      the funds were awarded to the State,              Coastal Zone Management Act
                      or anytime after the end of the fiscal            (CZMA), as amended (16 U.S.C. 1453),

                                                                            213

                    � 932.2                                              15 CFR Ch. IX (1-1-93 Edition)

                    is eligible for grants under this part if   cut Avenue. NW., suite 724, Washing-
                    the State meets the following require-      ton, DC 20235.
                    ments:
                      (1) The State must have a NOAA ap.        9 932.2 Objectives.
                    proved Assessment and Strategy, sub-          (a) The objective of assistance pro-
                    mitted in accordance with NOAA guid.        vided under this part is to encourage
                    ance and 15 CFR 932.8;                      each State with a federally-approved
                      (2) The State must be found to be         coastal management program to con.
                    adhering to its approved program and        tinually improve its program in speci.
                    must be making satisfactory progress        fied areas of national importance. The
                    in performing grant tasks under sec.        Secretary is authorized to make granta
                    tion. 306, as indicated by not being        to a coastal State for the development
                    under interim or final sanctions: and       and submission for Federal approval
                      (3) The State must be making satis,       of program changes that support at-
                    factory progress in carrying out its        tainment of one or more coastal zone
                    previous year's award under section         enhancement objectives.
                    309.                                          (b) As required by section 309(a) of
                      (c) If the Assistant Administrator        the Act. for purposes of this part, the
                    finds that a State is not undertaking       term "co%Lqtal zone enhancement ob-
                    the actions committed to under the          jective" means any of the following
                    terms of a section 309 grant, the As.
                    sistant Administrator shall suspend         objectives:
                    the State's eligibility for future fund-      (1) Protection. restoration. or en-
                    ing under this section for at least one     hancement of the existing coastal wet-
                    year.                                       lands base, or creation of new coastal
                      (d) A State's eligibility for future      wetland&
                    funding under this section Will be re-        (2) Preventing or significantly reduc.
                    stored after the State demonstrates. to     ing threats to life and destruction of
                    the satisfaction of the Assistant Ad-       property by eliminating development
                    ministrator, that it will conform with      and redevelopment in high-hazard
                    the requirements under this part.           areas. managing development in other
                      (e) Funds awarded to States under         hazard areas. and anticipating and
                    section 309 are for the enhancement         managing the effects of potenthd sea
                    of existing coastal zone management         level rise and Great Lakes level rise.
                    programs. A State which reduces over-         (3) Attaining increased opportunities
                    all State financial support for its CZM     for public access, taking Into account
                    program as a result of having been          current and future public access needs.
                    awarded section 309 funding may lose        to coastal areas of recreational, histor-
                    eligibility for funding under section       icaL aesthetic, ecological. or - cultural
                    309 in subsequent years.                    value.
                      M All applications for funding              (4) Reducing marine debris entering
                    under section 309 of the CZZAA. as          the Nation's Coastal and ocean envi-
                    amended. including proposed work            ronment by managing uses and activi-
                    program, funding priorities and fund-       ties that contribute to the entry of
                    ing awards, are subject to the adminis-     such debri&
                    trative discretion of the Assistant Ad-       (5) Development and adoption of
                    ministmtor and any additional NOAA          procedures to assess consider, and
                    guidance.                                   control cumulative and secondary im-
                      (s) Grants awarded under section          pacts of coastal growth and develop-
                    309 may be used to support up to 100        ment, including the collective effect
                    percent of the allowable costs of ap-
                    proved projects under section 309 of        on various individual uses or activities
                    the C2aWA. an amended.                      on coastal resources, such an coastal
                      (h) All aipVlication forms am to be       wetlands and fishery resources.
                    requested from and submitted to.. Ng,         (6) Preparing and                   spe,
                    tional Oce&Wc and Atmospheric Ad-           ci&I are&               PIAM for Impor-
                    min' tration. Office of Ocean and           tant coastal areas.
                    Coastal Resource Management. Co&sV            (7) Planning for the use of ocean re-
                    al Programs Division. 1825 Conneeti-        sourem

                                                            214

                     National Ocoanic and Atmosphoric Adm., Commorce                                    � 932.3
                       (8) Adoption of procedures and en-           proved by NOAA in accordance with
                     forceable policies to help facilitate the      guidance on Assessment's and Strate.
                     ,siting of energy facilities and Govern-       gies issued by NOAA (hereafter re-
                     ment facilities and energy-related ac-         ferred to as the guidance 1). that iden-
                     tivitie3 and Government activities             tifies the State's Priority needs for im.
                     which may be of greater than local sig-        provement with regard to the coastal
                     nificance.                                     zone enhancement objectives. The As.
                                                                    sessment determines the extent to
                     � 932.3 Definitions.                           which problems and opportunities
                       (a) Program change means "routine            exist with regard to each of the coast.
                     program implementation" as defined             al zone enhancement objectives and
                     in 15 CPR 923.84 and "amendment" as            the effectiveness of efforts to address
                     defined in 15 CPR 923.80, and includes         those problems. The Assessment in.
                     the following,                                 cludes the factual basis for NOAA and
                       (1) A change to coastal zone bound.          the States to determine the priority
                     aries that will improve a State's ability      needs for improvement of manage-
                     to achieve one or more of the coastal          ment program In accordance with
                     zone enhancement objectives.                   this part.
                       (2) New or revised authorities, in-.           (c) Strategy means a comprehensive,
                     cluding statutes, regulations, enforcea-       multi-year statement of goals and the
                     ble Policies, a mini       tive decisions,     methods for their attainment. pre.
                     executive orders. and memoranda of             pared by a State in accordance with
                     agreement/understanding, that will             NOAA guidance and these regulations
                     improve a State's ability to achieve           and approved by NOAA. that sets
                     one or more of the coastal zone en-            forth the specific program changes
                     hancement objective&                           the State will seek to achieve in one or
                       (3) New or revised local coastal pro-        more of the coastal zone enhancement
                     grams and implementing ordinances              objectives. The Strategy win address
                     that will improve a State's ability to         only the priority needs for improve-
                     achieve one or more of the coastal             ment identified by the Assistant Ad.
                     zone enhancement objectives.                   mini trator. after careful consultation
                       (4) New or revised coastal land ac-          with the State. The strategy will In-
                     quisition. management and restoration          clude specific task descriptions, cost
                     program that improve a State's abili-          estimates and milestones, as appropri-
                     ty to attain one or more of the coastal        ate.
                     zone enhancement objective&                      (d) Weighted Formula Project means
                       (5) New or revised Special Area Man-         a project or task for which NOAA
                     agement Plans or Plans for Areas of            awards funding based on the criteria
                     Particular Concern (APC), including            at 15 CPR. 932.5(a). Such ta3ir are es-
                     enforceable policies and other neces-          sential to meeting the milestones and
                     sary implementing mechanisms or cri-           objectives of each state's strategy. As
                     teria and procedures for designating           funding for weighted formula tasks is
                     and managing APCs that will improve            more predictable than for projects of
                     a State's ability to achieve one or more       special merit. basic functions neces-
                     of the coastal zone enhancement ob-            sary to achieve the objectives of the
                     Jectives.                                      strategy. such as hiring of full time
                       (6) New or revised guidelines, proce-        staff should be included in weighted
                     dures and policy documents which am            formula tasks.
                     formally adopted by a State and pro-             (e) ProJects of Special Merit (PSM)
                     vide specific Interpretations of en-           meang a project or task that NOAA
                     forceable C2M policies to applicants.          will rank and evaluate based on crite-
                     local governments and other agencies           ria at 15 CPR 932.5(b). As PEW funds
                     ,that will result in meaningful improve-
                     ments In coastal resource nuumement               NOAA guidance Is available from the
                     and that will Improve a State's ability        Office of Ocean and Coastal 39esource Man-
                     to attain one or more of the coas*.-"          agement. Coastal Programs, DivisiaL Uni-
                     zone enhancement obJecUves.                    versal South 144,11dins; room 724. 1825 Con-
                       (b) Assessment means; a PubUc docu-          necticut Avenue. Nw.. washington. DC
                     ment@ prepared by a State and &W               2023L

                         U140 0-91-9

                                                               215

                    � 932.4                                                 15 CFR Ch. IX (1-1-" Edition)

                    will be  awarded competitively on an           awarded to eligible coastal States for
                    annual   basis. these projects should          projects of special merit. This determi-
                    further  the objectives of the strategy        nation will take into account the total
                    but may not be essential to meeting            amount appropriated under section
                    specific befichmarks in the strategy.          318(a)(2) of the CZMA. as amended.
                    PSM projects should not be dependent             (d) Weighted formula funding. (1)(1)
                    on long term levels of funding to suc-         A weighted formula funding target
                    ceed.                                          will be determined for each State that
                      (f) Fiscal needs means the extent to         meets the eligibility requirements at
                    which a State must rely solely on Fed-         15 CPR 932.1(b). The weighted formu-
                    eral funds to complete a project under         la funding target will be the State
                    section 309 because State funds are            base allocation determined by the ap-
                    not otherwise available.                       plication of the formula at 15 CPR
                      (g) Technical needs means the                927.1(c), multiplied by a weighting
                    extent to which a State lacks trained          factor derived from the Assistant Ad-
                    personnel or equipment or access to            ministmtor`3 evaluation and ranking
                    trained personnel or equipment to              of the quality of the State's Strategy
                    complete a project under section 309.          (as described in (dXD of this section),
                      (h) Assistant Administrator means            as supported by the States Assess-
                    the Assistant Administrator for Ocean          ment.
                    Services and CossW Zone Manage,                  (ii) The application of the weighting
                    ment, or the NOAA Official resPOnst-           factor may result in a weighted formu-
                    ble for directing the Federal Coastal          la funding target that Is higher or
                    Zone Management Program                        lower than the State's base allocation.
                                                                   Each State's weighted formula fund-
                    � 932.4 Allocation of section 309 funds.       ing target will be adjusted to reflect
                      (a)(1) As required by section 309(e)         the funds available.
                    of the Act. a state will not be required         (III) The Assistant Administrator
                    to contribute my portion of the cost           may establish minimum and maximum
                    of any proposal for which funding is           weighted formula funding targets
                    awarded under this section.                    under 15 CPR 932.4(d).
                      (2) As required by section 309(f) of           (2) The Assistant                tor will
                    the Act, beginning in fiscal year 1991,        determine each State's weighting
                    not less than 10 percent and not more          factor based on an evaluation and
                    than 20 percent of the amounts appro-          ranking of the States Strategy that
                    priated to implement sections 306 and          takes into consideration the following.*
                    306A of the Act shall be retained by             (1) The scope and value of the pro-
                    the Secretary for use in implementing          posed program change(s) contained in
                    this section. up to a mazirnum of              the Strategy in terms of improved
                    $10,000,000 annually.                          coastal resource managment-:
                      (b) The Assistant Administrator will           (U) The technical merits of the
                    annually determine the amount of               Strategy in terms of project design
                    funds to be devoted to section 309.            and cost effectiveness;
                    which shall be not less than 10 percent          (III) The likelihood of success that
                    nor more than 20 percent of the total          the State will have in attaining the
                    amount appropriated under section              proposed program change(s), Including
                    318(a)(2) of the Coastal Zone Manage-          an evaluation of the State's past per-
                    ment Act. as amended (16 U.S.C.                formance and support for the Strate-
                    1464), taking into account the total           gr, and.
                    amount appropriated under section                Uv) The final and technical needs of
                    318(a)(2). The total amount of funds           the State
                    to be devoted to section 309 -gh-11 not          (3) Each StaW will be- notified indi-
                    exceed $10,000,000 annually. .                 vidually of its weighting factor. the
                      (c) Of the total amount determined           reasons for assigning, this weighting
                    in paragraph (b) of this section, the          factor, and any changes thereto. In
                    Assistant Administrator will annually          co             with the Assistant Ad-
                    determine the proportlon. to be award-         inin' trator, a State may choose to
                    ed to eligible coastal States by weight-       make substantive changes to its ap-
                    ed formula and the proportion to be            proved               and Strategy to izn-

                                                               216

                       HatiOncl Oceanic and Atmospheric Adm, Commerce                                          � 932.5
                       prove its weighting factor, in accord.              M The State hag subraitted the re-
                       ance with the procedures at 15 CFR                quired project information a3 sPecifted
                       932.8.                                            in 15 CFR 932.6(b)(1).
                         (e)  Funding for Projects of special              (2) In reviewing projects that wiU be
                       merit. The Assistant Administrator                considered under the weighted formu.
                       will award the remaining section 309              la. the Assistant Administrator will
                       funds, which are not awarded under 15             take into consideration the fiscal and
                       CPR 932.4(d), to States based on an               technical needs of proposing States
                       annual evaluation and ranking of                  and the overall merit of each proposal
                       projects of special merit. as defined in          in terms of benefits to the public.
                       15 'CFR 932.3(d). Ftinding of projects              (b) Section 309 criteria for evalua.
                       of special merit will be limited to the           tion and ranking of Projects of special
                       highest ranked projects based on the              merit. (1) After determining those
                       criteria at 15 CFR 932.5(b).                      projects that win be funded under
                         M The Assistant Administrator will              weighted formula funding, the Assist.
                       notify each State annually of the total           ant Administrator Will evaluate and
                       amount of funds to be devoted to sec.             rank State funding proposals of spe.
                       tion 309 pursuant to 15 CPR 932.4(b),             cial merit which may be funded under
                       the proportion to be awarded by                   15 CFR 932.4(e).
                       weighted formula pursuant to 15 CPR                 (2) In addition to meeting the crite-
                       932.4(c). the State's weighted formula            ria in paragraph (a)(1) of this section.
                       funding target pursuant to 15 CPR                 proposals will be evaluated and ranked
                       932.4(d). and the total amount of                 under this subsection using the follow.
                       funds available for funding for                   ing criteria:
                       projects of special merit pursuant to               M Merit. (90 points) The Assistant
                       15 CPR 932.4(e).                                  Administrator will review each appli.
                                                                         cation to determine the following.
                       � 932.5 Criteria for section 309 project se-        (A) Degree to which the project sig.
                           lection.                                      nificantly advances the program im.
                         (a) Section 309 criteria for weighted           provements and leads to a program
                       formula funding. (1) For those                    change identified in the State's Strate-
                       projects that will be funded by weight,           gy. In making this determination. the
                       ed formula. the Assistant Administra-             Assistant Administrator shall consider
                       tor will determine that:                          the weighting factor derived from the
                         Q) The project is consistent with the           evaluation of the quality of the State's
                       State's approved Assessment and                   Strategy, as supported by the State's
                       Strategy and advances the attainment              Assessment, relative to the weighting
                       of the objectives of the Strategy;                factors assigned to other eligible
                         01) Costs are reasonable and neces.             States;
                       sary to achieve the objectives of both              (B) Overall benefit of the project to
                       the project and the Strategy. Allow-              the public relative to the project's
                       ability of costs will be determined in            cost;
                       accordance with the provisions of                   (C) Innovativeness of the proposQ:
                       OM33 Circular A-87: Cost Principles                 (D) Transferability of the results to
                       for State and Local Governments 2:                problems in other coastal States: and
                          Ull) The project is technically sound;           M The State's past performance
                          Uv) The State has in effective plan            under section 309.
                       to ensure proper and efficient adminis.             (ii) Fiscal needs. (5 points) The Aa-
                       tration of the project; and                       sfigtant                 r will review each
                                                                         application to determine the "fiscal
                                                                         needs" of a State as defined in 15 CPR
                           OM33 Circular A-V: Cost Principles for        932.3(e).
                       State and Local Governments in availahle            Ull) Technical needL (3 points) The
                       from the Office of Ocean and Coastal Re.
                       source Management. Policy Coordination            Assistant                 tor will review
                       Division. Universal South Building. room          each application to determine the
                       701. 1825 Connecticut Avenue. NW.. Waah-          "twhniW needs" of a State an defined
                       ft"Un. DC 20235.                                  in 15 CPR 932.3(f).

                                                                 217

                    � 932.6                                                15 CFR Ch. IX (1-1-93 Edition)

                      W Section 309 funds not awarded to            (ii) Supplies and overhead;
                    States under I 932.5(a) will be awarded         (III) Travel;
                    to States under 15 CPR 932.5(b).                Uv) Equipment (pursuant to 15 CFR
                    � 932.6 Pre-application procedures.           part 24%
                                                                    M Projects, studies and reports; and
                      (a) Pre-submission consultation.              (vi) Contractual costs including sub-
                    Each State is strongly encouraged to          contracts. subawards, personal service
                    consult with the Assistant Administra-        contracts with Individuals, memoranda
                    tor prior to the submission of its draft      Of   alleement/understanding,          and
                    proposal (see 15 CPR 932.6(b)) and            other forms of passthrough funding
                    formal application for section 309            for the Purpose Of carrying out the
                    funding. The purpose of the consulta-         provisions of section 309.
                    tion will be to determine whether the           (3) Funds may not be used for land
                    proposed projects are consistent with         acquisition or low cost construction
                    the purposes and objectives of section        Projects.
                    309 and with the State's approved               (4) The State may recommend which
                    Strategy, to resolve any questions con-       projects should be funded by weighted
                    cerning eligibility for funding under         formula under 15 CPR 932.5(a) and
                    section 309 (see 15 CPR 932.1(b)), and        which projects should be funded as
                    to discuss preliminarily the State's rec.     Projects of special merit under 15 CTR
                    ommendations        regarding        which    932.5(b).
                    projects should be funded by weighted           (5) The draft proposal sball contain
                    formula and which projects should be          documentation of fiscal needs and
                    individually evaluated and ranked as          technical needs. if my. This documen.
                    projects of special merit.                    tation shall include:
                      W Draft ProposalL States shall                (I) For fiscal- needis. Inform tion on
                    submit draft proposals for section 309        the current State budget (surplus or
                    funding annually on a schedule to be          deficit), the budget of the applying
                    determined by the Assistant Adminis-          agency (increase or decrease over pre-
                    trator. These draft proposals shall           vious fiscal year), future budget pro-
                    contain all of the information needed         Jections. and what efforts have been
                    for final application. including the fol-     made by the applying agency, if any,
                    lowing,                                       to secure additional State funds from
                      (1) A clear and concise description of      the Legislature and/or from off-
                    the projects that the State proposes to       budget sources such as user fees; and
                    be funded under section 309. This de-           (ii) For technical needs. identifica-
                    scription shall explain the relationship      tion. of the technical knowledge, AM
                    of each proposed project to the State's       and equipment that are needed to
                    approved Assessment and Strategy              carry out proposed projects and that
                    and how each proposed project will ac-        are not available to the applying
                    complish all or part of a program             agency. and what efforts the applying
                    change that the State has identified in       agency has made, if any, to obtain the
                    its Strategy. In addition. each project       trained personnel and equipment it
                    description shall Include:                    needs (for example, through agree-
                      (I) A specific timetable for comple-        ments with other State agencies).
                    tion of each project;                           (6) The Assistant Administrator may
                      (ii) A description of the activities        request additional documentation of
                    that will be undertaken to complete           fiscal and technical needs.
                    each project and by whom;                       (7) Following the first year of fund-
                      (III) The Identification of any             ing under section 309, the draft pro-
                    subawardees, pursuant to 15 CM                posal sh-11 describe how the past
                    923.95(d)(3)(U); and                          year's work contributed to the attain-
                      (iv) The estimated total cost for           ment of a program change as defined
                    each project.                                 in 15 CPR 932.3(a) in one or more of
                      (2) Section 309 funds may be used           the coastal zone enhancement objec-
                    for any of the followina allowable uses       tives.
                    which support the attainment of a               (8) U the wilm of estimated project
                    program change.                               Comm for projects the State recom-
                      (I) Personnel costm                         mends be funded under 15 CPR

                                                             218

                     National Oceanic and Atmospheric Adm., Commerce                                  � 932.8
                     932.5(a) exceeds the State's weighted           (c) Applications will be reviewed for
                     formula funding target pursuant to 15        conformance with the regulations at
                     CPR 932.4(d), NOAA shall determine.          subpart J of 15 CPR Part 923.
                     in consultation with the State, which           (d) States will be notified of -their
                     projects are appropriate for funding         section 309 awards at the time they
                     with weighted formula funds.                 are notified of their section 306/306A
                       (c) Review of draft proposals. (1)         awards.
                     The Assistant Administrator will make           (e) If the Assistant Administrator
                     the final determination of which             seeks technical advice pursuant to 15
                     projects should be funded by weighted        CPR 932.6(c)(2). anonymous copies of
                     formula and which projects should be         the project reviews provided to the As.
                     funded as projects of special merit.         sistant Administrator on projects pro.
                     taking into account the State's recom-       posed by a State will be made avail.
                     mendations.                                  able to the State upon request after
                       (2) The Assistant Administrator may        October 1 of each year.
                     seek advice from technical experts In
                     the fields of the coastal zone enhance.      � 932.8 Revisions to assessments and strat-
                     ment objectives as to the technical              ecies.
                     soundness and overall merit of section          (a) A State, in consultation with the
                     309 project proposals.                       Assistant Administrator, may propose
                       (3) The Assistant Administrator wUl        to revise its approved Strategy.
                     make the final determinations On             Revision(s) to an approved Strategy
                     project selection using the criteria at      must be submitted to and approved by
                     15 CFR 932.5(a) and evaluate and rank        the Assistant Administrator prior to
                     projects of special merit based on the       the initiation of the contemplated
                     criteria at 15 CPR 932.5(b).                 change.
                       (4) If the Assistant Admini trator            (b) The Assistant Administrator will
                     determines that a State's project            review such proposed revision(s) and
                     proposal(s) for weighted formula fund-       determine if public review and com-
                     ing fails to meet the criteria at 15 CPR     ment is required. This determination
                     932.5(a), the Assistant Administrator        will be based on the extent to which
                     may either reduce or deny the amount         the proposed revision(s) changes the
                     available to the State under 15 CPR          original scope of the State's Strategy.
                     932.4(d).                                       (c) If the Assi tan Administrator
                       (5) Each state will be notified of the     determines that public review and
                     -results of the review of draft ProPos-      comment is necessary, he/she will
                     als, as described in paragraphs (c) (3)      notify the State of his/her determina-
                     and (4) of this section. in time to in-      tion. The State wUl be required to pro-
                     clude approved section 309 projects in       vide public review and comment in ac-
                     their applications for financial assist-     cordance with NOAA guidance.
                     ance pursuant to subpart J of 15 CPR            (d) A State that wants to revise sub-
                     part 923.                                    stantively the program changes identi-
                                                                  fied in its approved Strategy or to ad-
                     � 932.7 Formal application for tinancial     dress new enhancement objectives not
                        assistance and application review and     identified as a priority in the original
                        approval procedure&                       Assessment, also must revise the As-
                       (a) Applications for financial assist-     sesament through a public process as
                     ance under this part must be devel-          described in NOAA's guidance.
                     oped and submitted on the same                  (e) The Assistant Administrator, in
                     schedule as applications for financial       consultation with the State, may
                     assistance under subpart J of 15 C7R         reduce a state's weighting factor as-
                     part 923.                                    signed to its Strategy an a result of
                       (b) Applications for financial assist-     failure to meet the milestOnes in Its
                     ance under this part must be in aseps-       StrategY-
                     rate section of the application and             (f) The Assistant                 r Will
                     must contain the information speci-          notify the State of his/her decision to
                     fied at 15 CPR 932.6(bXD for each aw         approve or deny the Provased
                     proved section 309 project.                  revision(s) to the Strategy. and any

                                                             219

                      � 933.1                                                     15 CFR Ch. IX (1-1-93 Edition)
                      change in the weighting factor as-                basic intent of both subsections IS to
                      signed to its Strategy.                           fund research, study, and training                                                                                        which supports the developm t and
                                                                        which supports the development and
                                                                        administration of state coastal zone
                      PART 933-COASTAL ZONE MAN-                         management programs.  However,
                          AGEMENT RESEARCH AND TECH-                     there is a significance differenc in
                      NICAL ASSISTANCE                                   focus between the two subsections in
                                                                        that State grants pursuant to subsec-
                                 Subpart A-General                       tion 310(b) will be awarded to State
                                                                        coastal zone development or manage-
                      Sec.                                              ment agencies for the purpose of
                      933.1 Basic purposes.                              meeting State-specific research. study
                      933.2 Definitions.                                 and training needs, while the national
                      Subpart B-National Research and Technical          program Pursuant to subsection 310(a)
                                 Assistance Program                      will work with a variety of entities and
                                                                        will endeavor to address needs which
                      933.10 General.                                   are regional or national in scope.
                      933.11 Eligible entities and arrangements.          (b) comment.  Statutory citation.
                      933.12 Use of funds.                              subsection 310(a):
                      Subpart C-Operation of National Research            The Secretary may conduct a program of
                          and Technical Assistance Program      	  research study. and training to support the
                                                                        development and implementation of manage-
                      933.20 Priorities and annual spending             ment programs. * * *  The Secretary may
                       plans.                                           enter into contracts or other arrangements
                      933.21 Funding arrangements.                      with any qualified person for the purposes
                                                                        of carrying out this subsection.
                      Subpart D-State Grants for Research nd
                                 Technical Assistance                    (c)   Comment. Statutory citation,
                                                                        subsection 310(b):
                      933.30 General.
                      933.31 Eligible entities.                          The Secretary may make grants to coastal
                      933.32 Use of funds.                              states to assist such states in carrying out
                      933.33 Funding Priorities.                        research, studies, and training required with
                                                                        resoect to coastal zone management.
                      Subpart E-Apllication for State Research and
                             Technical Assistance Grants                933.2  Definitions.
                      933.40 General.                                     (a) The term Act means the Coastal
                                                                        Zone Management Act or  1972, as
                      933.41 Applicant responsibility.                  amended.
                      933.42 Application procedure.                     amend
                      933.43 Approval of applications.                    (b) The term Secretary means the
                      933.44 Amendments.                                Secretary of Commerce or his/her des-
                      933.45 Copies of products.                        ignee. Delegations of authority from
                        AUTHORITY: Sec. 310. Coastal Zone man.          the Secretary to the Administrator,
                      agement Act of 1972 (Pub. L. 92-583. 86           National Oceanic and Atmospheric
                      Stat. 1280. as amended by Pub. L. 94-370, 90      Administration (NOAA). have been
                      Stat. 1013).                                      duly executed by Amendment 5 of De-
                        S0URCE: 42 FR 38788, July 29,1977, unless       partment of Commerce Organization
                      otherwise noted.                                  Order 25-5A. dated October 13. 1976,
                                                                        and from the Administrator to the As-
                              Subpart A--General                        sociate Administrator for Coastal Zone
                                                                        Management. by N0AA Circular 76-
                      1933.1 Basic purposes.                            82. effective October 13, 1976.
                      (a) This section sets forth the basic                (c) The term Associate Administra-
                      purposes for which the national re-               tor means the Associate Administrator
                      search and technical assistance Pro-              for Coastal Z0NE Management, Nation-
                      gram pursuant to subsection 310(a) of             al Oceanic and Atmospheric Adminis-
                      the Act., will be operated, and for               tration.  U.S. Department of Com-
                      which State research and technical as-            merce.
                      sistance grants. pursuant to subsection              (d) The term person is as defined in
                      310(b) of the Act. will be awarded. The             subsection 304(13) of the Act and

                                                                    220

                                                                                                                         kk,-

                                                                                                                            0

                                    Federal Licenses and Permits

                         The following federal licenses and permits are reviewed by the State
                         for consistency with the Alaska Coastal Management Program pursu-
                         ant to 15 CFR 930.53:

                         Department of Agriculture, U.S. Forest Service

                              1)    Permits for water easement of USFS lands.
                              2)    Permits for construction on USFS lands.
                              3)    Special use permits meeting the criteria of
                                    15 CFR 930.21(b).

                         Department of Commerce, Office of Coastal Zone Management

                              1)    Permits within Marine Sanctuaries under
                                    33 USC 1401-1444.

                         Department of Defense, Army Corps of Engineers

                              1)    Permits under Sections 9 and 10 of the Rivers
                                    and Harbors Act, authorizing the construction
                                    of bridges, causeways, dams and dikes, and the
                                    obstruction of navigable waters.

                              2)    Permits under Section 4(F) of the Outer Continental
                                    Shelf Lands Act and amendment, authorizing artificial
                                    islands or fixed structures on the OCS.

                              3)    Permits under Section 103 of the Marine Protection
                                    Research and Sanctuaries Act, authorizing ocean
                                    dumping outside the limits of the territorial sea.

                              4)    Permits under Section 404 of the Federal Water
                                    Pollution Control Act, authorizing discharges into
                                    navigable waters (also subject to state certificate
                                    of reasonable assurance, FWPCA Section 401).

                         Department of Energy, Federal Energy Regulatory Commission

                              I     Licenses for the construction and operation of
                                    non-federal hydroelectric projects and associated
                                    transmission lines under sections 4(e) and 15 of
                                    the Federal Power Act (16 U.S.C. 787(e) and 808).

                                                      221

                    Department of Energy (continued):

                          2)     Orders for interconnection of electric transmission
                                 facilities under section 202(b) of the Federal Power
                                 Act (16 U.S.C. 824a(b)).

                          3)     Certificates of public convenience and necessity
                                 for the construction and operation of natural gas
                                 pipeline facilities, including both interstate
                                 pipeline and LNG terminal facilities under section
                                 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)).

                          4)     Permission and approval for the abandonment of
                                 natural gas pipeline facilities under section 7(b)
                                 of the Natural Gas Act (15 U.S.C. 717f(b)).

                    Environmental Protection Agency

                          1)     Permits required under Section 402 (NPDES) of
                                 the 1972 Federal Water Pollution Control Act
                                 and amendments, authorizing discharge of
                                 pollutants into navigable waters.    (also subject
                                 to state certificate of reasonable assurance,
                                 FWPCA Section 401).

                          2)     Permits required under Section 405 (NPDES) of
                                 the 1972 Federal Water Pollution Control Act
                                 and amendments, authorizing disposal of
                                 sewage   sludge.

                          3)     Permits for new sources or for modification of
                                 existing sources and waivers of compliance
                                 allowing extensions of time to meet air
                                 quality standards under Section 112(c)(1) of
                                 the 1972 Clean Air Act.

                          4)     Exemptions granted under the Clean Air Act
                                 for stationarv sources.

                          5)     Permits that provide for the regulation of the generation,
                                 treatment, storage, transportation and disposal of
                                 hazardous waste, under Subtitle C of the Resource
                                 Conservation and Recovery Act of 1976, as amended.
                                 (Note: These permits are jointly issued by EPA and DEC.)

                                                     222

                         Department of the Interior

                               1)   Permits and licenses for drilling and mining
                                    and related facilities on public lands (BLM).

                               2)   Permits for pipeline rigbts-of-way on public
                                    lands and the Outer  Continental Shelf.

                               3)   Permits and licenses for rights-of-way on
                                    public lands.

                               4)   Permits and licenses required for drilling and
                                    mining on OCS lands (USGS).

                         Nuclear Regulatory Commission

                               1)   Permits and licenses for the siting, construction
                                    and operation of nuclear facilities.

                         Department of Transportation, U.S. Coast Guard

                               1)   Permits for construction or modification of
                                    bridge structures and causeways across navigable
       40                           waters.
                               2)   Permits for siting, construction and operation
                                    of deepwater ports.

                         All federal activities, including OCS oil and gas lease sales and the
                         designation of ocean dumping sites, whether in or outside of the
                         coastal zone, are subject to the consistency requirements of Section
                         307(c)(1) of the Coastal Zone Management Act if they affect natural
                         resources, land uses or -water uses in the coastal zone.

                                                       223

                                UPDATES

                     If you want to receive updates of this handbook, please
                     fill out the form below and return it to:

                            Division of Governmental Coordination
                            Office of the Governor
                            PO. Box 110030
                            Juneau, AK 99811-0030

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                     updates to the Alaska Coastal Management Program
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