[Federal Register Volume 59, Number 103 (Tuesday, May 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11715]


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[Federal Register: May 31, 1994]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration (NOAA)

15 CFR Parts 923, 926, 927

[Docket No. 940109-4009]
RIN 0648-AE11

 

Coastal Zone Management Program Regulations

AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 
National Ocean Service (NOS), National Oceanic and Atmospheric 
Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: The Coastal Zone Act Reauthorization Amendments of 1990, 
enacted November 5, 1990, amended the Coastal Zone Management Act 
(CZMA) and reauthorized NOAA's Coastal Zone Management (CZM) Program 
under that Act. Among the amendments were revisions to findings, 
policies and definitions in the CZMA; repeal of provisions on 
preliminary program approval grants, program segmentation, and 
significant improvements; and reorganization and consolidation of 
approval requirements for state programs. The purpose of this final 
rule is to conform NOAA's regulations implementing the CZM program to 
the statutory changes.

EFFECTIVE DATE: This rule is effective on June 30, 1994.

ADDRESSES: Additional information may be obtained from the National 
Oceanic and Atmospheric Administration, National Ocean Service, Office 
of Ocean and Coastal Resource Management at 1305 East-West Highway, 
11th Floor, Silver Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT:
Vickie A. Allin, Chief, Policy Coordination Division, Office of Ocean 
and Coastal Resource Management, 1305 East-West Highway, 11th Floor, 
Silver Spring, Maryland 20910. Telephone: 301-713-3086.

SUPPLEMENTARY INFORMATION: 

I. Authority

    This final rule is issued under the authority of the CZMA, as 
amended, 16 U.S.C. 1451 et seq.

II. Background

    The CZMA was enacted to encourage and assist coastal states and 
territories to develop and implement management programs to preserve, 
protect, develop and, where possible, restore or enhance the resources 
of the Nation's coasts.
    Prior to the 1990 Amendments, the CZMA included statements of 
Congressional findings and policies for the CZM Program, identified 
nine national coastal management objectives and specified that all 
state CZM Programs were to make ``significant improvements'' in 
achieving these objectives, defined key terms, authorized grants for 
program development and implementation and specified allocation and 
match requirements, and specified program approval requirements. The 
program approval requirements were set forth in Section 305, Management 
Program Development Grants (at Section 305(b) (1)-(9)) and Section 306, 
Administrative Grants (at Section 306 (c)-(h)). NOAA's regulations at 
15 CFR parts 923, 926 and 927 implemented these provisions.

III. Coastal Zone Act Reauthorization Amendments of 1990

    The Coastal Zone Act Reauthorization Amendments of 1990 
(Amendments) (Pub. L. No. 101-508, 104 Stat. 1388 (1990)) were enacted 
on November 5, 1990. The Amendments made a number of changes to the 
CZMA.
     New and revised Congressional findings. Section 6202 of 
the Amendments set forth nine new Congressional findings. In addition, 
the Amendments revise the existing findings at Section 302 (d) and (f) 
and add three new findings at Section 302 (k), (l) and (m).
     New and revised Congressional declarations of policy. The 
Amendments revise the statements of policy at Sections 303(2), 
303(2)(B) and 303(3), and add new statements of policy at Section 
303(2) (C) and (K) and Section 303 (5) and (6).
     New and revised definitions. The Amendments revise the 
definitions of ``coastal zone'' at Section 304(1) and ``water use'' at 
Section 304(18), and add a definition of ``enforceable policy'' at 
Section 304(6a).
     Revisions to Management Program Development Grants. 
Section 305 on Management Program Development Grants was completely 
revised. Old Section 305(b) (1)-(9), which contains requirements for 
management program approval, was moved to new Section 306(d)(2). The 
remaining provisions of old Section 305, including the authorization 
for preliminary approval grants, were deleted and replaced with an 
authorization for annual program developments grants for Fiscal Years 
1991, 1992 and 1993 not to exceed $200,000 per year per state at a 
ratio of 4-to-1 Federal-to-state match. Program development grants are 
also an authorized use of the new Section 308 Coastal Zone Management 
Fund.
     Revisions to Administrative Grants. Section 306 on 
Administrative Grants also was completely revised. Section 306(a) was 
amended to change the match provisions for administrative grants to 
implement approved state CZM Programs. The ``significant improvement'' 
provisions of old Section 306(a)(3) were deleted. The minimum grants 
provisions of old Section 306(b) were deleted and a new provision was 
added which allows the Secretary, after consultation with the coastal 
states, to establish maximum and minimum grants for any fiscal year to 
promote equity and efficient coastal management. The program approval 
requirements of old Section 305(b) (1)-(9) and Section 306 (c)-(h) were 
revised and consolidated in new Section 306(d). New program approval 
requirements were added at Section 306(d) (14), (15) and (16). Section 
306(d) (14) and (15) must be met within three years of enactment (or by 
November 1993) and Section 306(d)(16) must be met within 30 months of 
EPA's issuance of final guidance on management measures for controlling 
coastal nonpoint pollution (or at the same time the Coastal Nonpoint 
Pollution Control Programs under Section 6217 of the Amendments are 
due). Old Section 306(g) on program changes was revised and renumbered 
as Section 306(e). Old Section 306(h) authorizing program segmentation 
was deleted.
     Revisions to Resource Management Improvement Grants. 
Section 306A(b)(1) was revised to authorize use of Section 306A funds 
for restoring and enhancing shellfish production.

IV. Purpose of Today's Rule

    Some of NOAA's current CZM Program regulations need to be revised 
to conform to the changes to the CZMA made by the Amendments. The 
purpose of this rule is to amend these regulations to make them 
consistent with the CZMA as amended. By modifying the current NOAA 
regulations to reflect the new statutory requirements, this notice 
serves to clarify the effect of the Amendments on coastal states, 
Federal agencies and other affected groups.

V. Codification of the Regulations

    The following is a brief description of changes made to the 
regulations.

A. National Coastal Zone Management Program

    Part 923--Coastal Zone Management Program Development and Approval 
Provisions.
    By reorganizing and consolidating CZM Program approval requirements 
previously found throughout Sections 305 and 306 of the CZMA into one 
section--Section 306(d)--the Amendments have changed almost all of the 
statutory references found throughout 15 CFR part 923. This rule 
replaces the old statutory references with the new references 
throughout 15 CFR part 923 and revises the referenced statutory 
citations wherever required.
    The Amendments deleted several previously authorized program 
development and approval provisions, including authority for 
preliminary approval grants, authority for program segmentation, and 
the requirement that states devote an increasing proportion of Federal 
financial assistance for program implementation, up to 30%, toward 
making ``significant improvement'' in achieving nine national coastal 
management objectives. This rule removes the portions of NOAA's 
regulations implementing these provisions and renumbers the regulations 
as necessary.
    This rule revises the references to Congressional findings and 
declarations of policy to reflect the Amendments. This includes 
revising the phrase ``as well as the needs for economic development'' 
to ``as well as the needs for compatible economic development'' and 
adding the new Congressional findings on water quality, sea level rise, 
and ocean resources planning.
    A definition of ``enforceable policy'' is added and the definitions 
of the terms ``coastal zone'' and ``water use'' are revised to reflect 
the Amendments. this includes revising all references to ``the outer 
limit of the territorial sea'' to read ``the outer limit of State title 
and ownership under the Submerged Lands Act (43 U.S.C. 1301 et seq.), 
the Act of March 2, 1917 (48 U.S.C. 749), the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America, as approved by the Act of March 24, 1976 
(48 U.S.C. 1681 note) or section 1 of the Act of November 20, 1962 (48 
U.S.C. 1705), as applicable.'' It also includes revising all references 
to ``direct and significant impacts on coastal waters'' to read 
``direct and significant impacts on coastal waters or areas which are 
likely to be affected by or vulnerable to sea level rise.''
    Other changes include adding the word ``historical'' at 
Secs. 923.22 (a) and (b) to read ``preserving or restoring areas for 
their conservation, recreational, ecological, historical or esthetic 
values,'' revising the chart at Sec. 923.71 which summarizes the 
findings necessary for CZM Program approval, revising the statutory 
reference to and citation of Section 312 at Sec. 923.80, and changing 
the costs of equipment purchases requiring prior NOAA approval from 
$1,000 to $5,000 at Sec. 923.93(f) pursuant to OMB Circular A-102.
    Part 926--Coastal Zone Management Program Development Grants, 
Allocation of Funds to States.
    This part is removed. The Amendments revised old Section 305 to 
authorize annual program development grants to states for Fiscal Years 
1991, 1992, and 1993, not to exceed $200,000 per year per state at a 4-
to-1 Federal-to-state match. In addition, program development grants 
are made an allowable use of the new CZM Fund (new Section 308).
    Part 927--Allocation of Section 306 Program Administration Grants.
    This part is revised to incorporate new statutory references and 
citations and new provisions for establishing annually the maximum and 
minimum share. The regulation on calculation of financial assistance 
award levels is revised to reflect the amendments to Section 312.

VI. Classification

A. Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866.

B. Administrative Procedure Act

    The changes to the regulations made by this rule are required by 
the 1990 statute and, thus, are non-discretionary. Except for some 
minor editorial changes, the only revisions to the regulations are the 
incorporation of the new statutory language into them. Since no useful 
purpose would be served by giving notice and opportunity for comment, 
the Assistant Administrator for Ocean Services and Coastal Zone 
Management, NOAA, for good cause, found under section 553(b)(3)(B) of 
the Administrative Procedure Act (5 U.S.C. 553(b)(3)(B)) that notice 
and opportunity for public comment procedure thereon is unnecessary.

List of Subjects

15 CFR Part 923

    Coastal zone, Grant programs--Natural resources, Reporting and 
recordkeeping requirements.

15 CFR Part 927

    Allocation formula.


    Dated: May 10, 1994.
W. Stanley Wilson,
Assistant Administrator for Ocean Services and Coastal Zone Management.

    For the reasons set out the Preamble, 15 CFR chapter IX is amended 
as follows:

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

    1. The authority citation for Part 923 is revised to read as 
follows:

    Authority: 16 U.S.C. 1451 et seq.

Subpart A--General

    2. Section 923.1 is amended by revising the first sentence of 
paragraph (b), and by adding paragraphs (c)(7), (8) and (9) to read as 
follows;


Sec. 923.1  Purpose.

* * * * *
    (b) Sections 306 and 307 of the Act set forth requirements which 
must be fulfilled as a condition of program approval. * * *
    (c) * * *
    (7) Provides for public participation in permitting processes, 
consistency determinations, and other similar decisions.
    (8) Provides a mechanism to ensure that all state agencies will 
adhere to the program.
    (9) Not later than 30 months after the date of publication of final 
guidance under section 6217(g) of the Act, contains enforceable 
policies and mechanisms to implement the applicable requirements of the 
Coastal Nonpoint Pollution Control Program of the state required by 
section 6217 of the Coastal Zone Act Reauthorization Amendments of 
1990.
* * * * *
    3. Section 923.2 is amended by revising paragraphs (d)(2) and (h) 
to read as follows:


Sec. 923.2  Definitions.

* * * * *
    (d) * * *
    (2) The following are defined as relevant Federal agencies:

Department of Agriculture;
Department of Commerce;
Department of Defense;
Department of Education;
Department of Energy;
Department of Health and Human Services;
Department of Housing and Urban Development;
Department of the Interior;
Department of Transportation;
Environmental Protection Agency;
Federal Energy Regulatory Commission;
General Services Administration;
Nuclear Regulatory Commission.
* * * * *
    (h) The following terms, as used in these regulations, have the 
same definition as provided in section 304 of the Act:
    (1) coastal zone
    (2) coastal waters
    (3) enforceable policy
    (4) estuary
    (5) land use
    (6) water use
* * * * *
    4. Section 923.3 is amended by revising paragraphs (a) and (b)(1) 
to read as follows:


Sec. 923.3  General requirements.

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

Subpart B--Uses Subject to the Management Program

    5. Section 923.10 is revised to read as follows:


Sec. 923.10  General.

    This subpart deals with land and water uses which, because of their 
direct and significant impacts on coastal waters or those geographic 
areas likely to be affected by or vulnerable to sea level rise, are 
subject to the terms of the management program. Determination of these 
uses will assist in determining the appropriate coastal management 
boundary (see Subpart D). This subpart deals in full with the 
requirements of subsection 306(d)(1)(B), Uses subject to the management 
program, 306(d)(2)(H), Energy Facility Planning, and 306(d)(12)(B), 
Uses of Regional Benefit.
    6. Section 923.11 is amended by revising paragraphs (a), the second 
sentence of paragraph (b)(1) and (c)(4)(ii), and by adding paragraph 
(c)(4)(v) to read as follows:


Sec. 923.11  Uses subject to management.

    (a) As required by subsection 306(d)(2)(B), the management program 
for each coastal state must include a definition of what shall 
constitute permissible land uses and water uses within the coastal zone 
which have a direct and significant impact on the coastal waters.
    (b) Requirements. (1) * * * These uses shall be those with direct 
and significant impacts on coastal waters or on geographic areas likely 
to be affected by or vulnerable to sea level rise.
* * * * *
    (c) * * *
    (4) * * *
    (ii) Historic, cultural and esthetic resources where coastal 
development is likely to affect these resources;
* * * * *
    (v) Information on the impacts of global warming and resultant sea 
level rise on natural resources such as beaches, dunes, estuaries, and 
wetlands, on salinization of drinking water supplies, and on 
properties, infrastructure and public works.
    7. Section 923.12 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec. 923.12  Uses of regional benefit.

    (a) As required by subsection 306(d)(12), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program contains a method of assuring that 
local land use and water use regulations within the coastal zone do not 
unreasonably restrict or exclude land uses and water uses of regional 
benefit.
    (b) In order to meet the requirements of subsection 306(d)(12) of 
the Act, states must:
* * * * *
    8. Section 923.13 is amended by revising paragraph (a), the first 
sentence of paragraph (b) introductory text and (b)(3)(ii) to read as 
follows:


Sec. 923.13  Energy facility planning process.

    (a) As required by subsection 306(d)(2)(H), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes a planning process for energy 
facilities likely to be located in or which may significantly affect, 
the coastal zone, including a process for anticipating the management 
of the impacts resulting from such facilities.
    (b) Requirements. States must develop a planning process which is 
capable, at a minimum, of anticipating the management of the impacts 
from energy facilities in or affecting the state's coastal zone. * * *
* * * * *
    (3) * * *
    (ii) States must list relevant constitutional provisions, laws, 
regulations, judicial decisions and other appropriate official 
documents or actions that are specifically related to planning for, and 
anticipating the management of energy facilities or impacts, including 
licensing or permitting procedures.
* * * * *

Subpart C--Special Management Areas

    9. Section 923.20 is amended by revising the last sentence of 
paragraph (a) to read as follows:


Sec. 923.20  General.

    (a) * * * This subpart deals with the following subsections of the 
Act: 306(d)(2)(C)--Geographic areas of Particular Concern; 
306(d)(2)(E)--Guidelines on Priorities of Uses; 306(d)(2)(G)--
Shorefront Access and Protection Planning; 306(d)(2)(I)--Shoreline 
Erosion/Mitigation Planning; and 306(d)(9)--Areas for Preservation and 
Restoration.
* * * * *
    10. Section 923.21 is amended by revising paragraphs (a) and 
(b)(1)(i)(G) to read as follows:


Sec. 923.21  Areas of particular concern.

    (a)(1) As required by subsection 306(d)(2)(C), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes an inventory and designation 
of areas of particular concern within the coastal zone.
    (2) As required by subsection 306(d)(2)(E), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes broad guidelines on 
priorities of uses in particular areas, including specifically those 
uses of lowest priority.
    (b) * * *
    (1) * * *
    (i) * * *
    (G) Areas where, if development were permitted, it might be subject 
to significant hazard due to storms, slides, floods, erosion, 
settlement, salt water intrusion, and sea level rise;
* * * * *
    11. Section 923.22 is amended by revising paragraph (a) and the 
second sentence of paragraph (b)(1) to read as follows:


Sec. 923.22  Areas for preservation or restoration.

    (a) As required by subsection 306(d)(9), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes procedures whereby specific 
areas may be designated for the purpose of preserving or restoring them 
for their conservation, recreational, ecological, historical or 
esthetic values.
    (b) Requirements. (1) * * * Designations may be made for the 
purposes of preserving or restoring areas for their conservation, 
recreational ecological, historical or esthetic values.
* * * * *
    12. Section 923.24(a) is revised to read as follows:


Sec. 923.24  Shorefront access and protection planning.

    (a) As required by Subsection 306(d)(2)(G), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes a definition of the term 
``beach'' and a planning process for the protection of, and access to, 
public beaches and other public coastal areas of environmental, 
recreational, historical, esthetic, ecological or cultural value.
* * * * *
    13. Section 923.25 is amended by revising paragraphs (a) and (c)(1) 
and (2) to read as follows:


Sec. 923.25  Shoreline erosion/mitigation planning.

    (a) As required by Subsection 306(d)(2)(I), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes a planning process for 
assessing the effects of, and studying and evaluating ways to control, 
or lessen the impact of, shoreline erosion, and to restore areas 
adversely affected by such erosion.
* * * * *
    (c) Requirements. (1) The management program must include a method 
for assessing the effects of shoreline erosion, including potential 
impacts of sea level rise, and evaluating techniques for mitigating, 
controlling or restoring areas adversely affected by erosion.
    (2) There must be an identification and description of enforceable 
policies, legal authorities, funding techniques and other techniques 
that will be used to manage the effects of erosion, including potential 
impacts of sea level rise, as the state's planning process indicates is 
necessary.

Subpart D--Boundaries

    14. Section 923.30 is amended by revising paragraphs (a) and (c) to 
read as follows:


Sec. 923.30  General.

    (a) This subpart deals in full with subsection 306(d)(2)(A) of the 
Act--Boundaries of the Coastal Zone.
* * * * *
    (c) As required by subsection 306(d)(2)(A), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes an identification of the 
boundaries of the coastal zone subject to the management program.
    (1) As required by subsection 304(1), the term ``coastal zone'' 
means the coastal waters (including the lands therein and thereunder), 
and the adjacent shorelands (including the waters therein and 
thereunder), strongly influenced by each other in proximity to the 
shorelines of the several coastal states, and includes islands, 
transitional and intertidal areas, salt marshes, wetlands, and beaches. 
The zone extends, in Great Lakes waters, to the international boundary 
between the United States and Canada and, in other areas seaward to the 
outer limit of state title and ownership under the Submerged Lands Act 
(43 U.S.C. 1301 et seq.), the Act of March 2, 1917 (48 U.S.C. 749), the 
Covenant to Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America, as approved by the 
Act of March 24, 1976 (48 U.S.C. 1681 note) or section 1 of the Act of 
November 20, 1963 (48 U.S.C. 1705, as applicable). The zone extends 
inland from the shorelines only to the extent necessary to control 
shorelands, the uses of which have a direct and significant impact on 
the coastal waters. Excluded from the coastal zone are lands the use of 
which is by law subject solely to the discretion of or which is held in 
trust by the Federal Government, its officers or agents.
    (2) As required by subsection 304(2), the term ``coastal waters'' 
means (i) in the Great Lakes area, the waters within the territorial 
jurisdiction of the United States consisting of the Great Lakes, their 
connecting waters, harbors, roadsteads, and estuary-type areas such as 
bays, shallows and marshes, and
    (ii) in other areas, those waters, adjacent to shorelines, which 
contain a measurable quantity or percentage of sea water, including but 
not limited to, sounds, bays, lagoons, bayous, ponds and estuaries.
    15. Section 923.31 is amended by revising paragraphs (a)(1) and 
(b)(1) and (2) to read as follows:


Sec. 923.31  Inland boundaries.

    (a) * * *
    (1) Those areas the management of which is necessary to control 
uses which have direct and significant impacts on coastal waters, or 
are likely to be affected by or vulnerable to sea level rise, pursuant 
to section 923.11 of these regulations.
* * * * *
    (b) * * *
    (1) Watersheds--A state may determine some uses within entire 
watersheds which have direct and significant impact on coastal waters 
or are likely to be affected by or vulnerable to sea level rise. In 
such cases it may be appropriate to define the coastal zone as 
including these watersheds.
    (2) Areas of tidal influence that extend further inland than waters 
under saline influence; particularly in estuaries, deltas and rivers 
where uses inland could have direct and significant impacts on coastal 
waters or areas that are likely to be affected by or vulnerable to sea 
level rise.
* * * * *
    16. Section 923.32 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 923.32  Seaward boundaries.

    (a) Requirements. (1) For states adjoining the Great Lakes, the 
seaward boundary is the international boundary with Canada or the 
boundaries with adjacent states. For all other states participating in 
the program, the seaward boundary is the outer limit of state title and 
ownership under the Submerged Lands Act (48 U.S.C. 1301 et seq.), the 
Act of March 2, 1917 (48 U.S.C. 749), the Covenant to Establish a 
Commonwealth of the Northern Mariana Islands in Political Union with 
the United States of America, as approved by the Act of March 24, 1976 
(48 U.S.C. 1681 note) or section 1 of the Act of November 10, 1963, (48 
U.S.C. 1705, as applicable).
* * * * *
    17. Section 923.33 is amended by revising paragraph (c)(1) 
introductory text to read as follows:


Sec. 923.33  Excluded lands.

* * * * *
    (c) General comments. (1) The exclusion of Federal lands does not 
remove Federal agencies from the obligation of complying with the 
consistency provisions of section 307 of the Act when Federal actions 
on these excluded lands have spillover impacts that affect any land or 
water use or natural resource of the coastal zone within the purview of 
a state's management program. Therefore, states should consider mapping 
the following types of excluded Federal lands:
* * * * *

Subpart E--Authorities and Organizations

    18. Section 923.40 is amended by revising the second, fifth and 
sixth sentences of paragraph (b), and paragraphs (c) and (d) to read as 
follows:


Sec. 923.40  General.

* * * * *
    (b) * * * They may be the state agency designated pursuant to 
section 306(d)(6) of the Act, other state agencies, regional or 
interstate bodies, and local governments. * * * This demonstration will 
be in the context of one or a combination of the three control 
techniques specified in section 306(d)(11) of the Act. The requirements 
related to section 306(d)(12) are described in Secs. 923.42 through 
923.44 of this subchapter.
    (c) In determining the adequacy of the authorities and organization 
of a state's programs, the Assistant Administrator will review and 
evaluate authorities and organizational arrangements in light of the 
requirements of this subpart and the finding of section 302(h) of the 
Act, which provides:

    In light of competing demands and the urgent need to protect and 
to give high priority to natural systems in the coastal zone, 
present state and local institutional arrangements for planning and 
regulating land and water uses in such areas are inadequate.

    (d) The authorities requirements of the Act dealt with in this 
subpart are those contained in subsections 306(d)(2)(D)--Means of 
Control; 306(d)(10)--Authorities; 306(d)(10)(A)--Control Development 
and Resolve Conflicts; 306(d)(10)(B)--Powers of Acquisition; 
306(d)(11)--Techniques of Control; and 307(f)--Air and Water Quality 
Control Requirements. The organization requirements of the Act dealt 
with in this subpart are those contained in sections 306(d)(2)(F)--
Organizational Structure; 306(d)(6)--Designated State Agency; and 
306(d)(7)--Organization.
    19. Section 923.41 is amended by revising paragraphs (a), (b)(1) 
and (b)(2) introductory text to read as follows:


Sec. 923.41  Identification of authorities.

    (a)(1) As required by subsection 306(d)(2)(D), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes an identification of the 
means by which the state proposes to exert control over the land uses 
and water uses referred to in paragraph (B), including a listing of 
relevant state constitutional provisions, laws, regulations, and 
judicial decisions.
    (2) As required by subsection 306(d)(10), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state, acting through its chosen agency or agencies 
(including local governments, area-wide agencies, regional agencies, or 
interstate agencies) has authority for the management of the coastal 
zone. Such authority shall include power:
    (i) To administer land use and water use regulations to control 
development to ensure compliance with the management program, and to 
resolve conflicts among competing uses; and
    (ii) To acquire fee simple and less than fee simple interests in 
land, waters, and other property through condemnation or other means 
when necessary to achieve conformance with the management program.
    (b) * * *
    (1) Identify relevant state constitutional provisions, statutes, 
regulations, case law and such other legal instruments (including 
executive orders and interagency agreements) that will be used to carry 
out the state's management program.
    (2) This identification will include the authorities pursuant to 
sections 306(d)(10) and 306(d)(11) of the Act which require a state to 
have the ability to:
* * * * *
    20. Section 923.42 is amended by revising paragraphs (a) and (b) 
introductory text to read as follows:


Sec. 923.42  State establishment of criteria and standards for local 
implemenation--Technique A.

    (a) As required by subsection 306(d)(11), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program provides for any one or a combination 
of general techniques for control of land uses and water uses within 
the coastal zone. The first such control technique, at subsection 
306(d)(11)(A), is state establishment of criteria and standards for 
local implementation, subject to administrative review and enforcement.
    (b) There are 5 principal requirements associated with use of the 
control technique at subsection 306(d)(11)(A). They are that:
* * * * *
    21. Section 923.43 is amended by revising paragraph (a), the first 
sentence of paragraph (b) introductory text and the second sentence of 
paragraph (c)(2)(i) to read as follows:


Sec. 923.43  Direct state land and water use planning and regulation--
Technique B.

    (a) As required by subsection 306(d)(11), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program provides for any one or a combination 
of general techniques for control of land and water uses within the 
coastal zone. The second such control technique, at subsection 
306(d)(11)(B), is direct state land and water use planning and 
regulation.
    (b) Control technique subsection 306(d)(11)(B) of the Act allows 
for direct state control of land and water uses subject to the 
management program on the basis of direct state authority. * * *
* * * * *
    (c) * * *
    (2) * * *
    (i) * * * It will be sufficient if any of the following can act to 
ensure compliance: The state agency designated pursuant to subsection 
306(d)(6) of the Act, the state's Attorney General, another state 
agency, a local government, or a citizen.
* * * * *
    22. Section 923.44 is amended by revising paragraph (a) to read as 
follows:


Sec. 923.44  State review on a case-by-case basis of actions affecting 
land and water uses subject to the management program--Technique C.

    (a) As required by subsection 306(d)(11), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program provides for any one or a combination 
of general techniques for control of land and water uses within the 
coastal zone. The third such control technique, at subsection 
306(d)(11)(C), is state administrative review for consistency with the 
management program of all development plans, projects, or land and 
water use regulations, including exceptions and variances thereto, 
proposed by any state or local authority or private developer, with 
power to approve or disapprove after public notice and an opportunity 
for hearings.
* * * * *
    23. Section 923.45 is amended by revising paragraph (a), by 
removing paragraph (b)(2), by redesignating paragraph (b)(3) as 
paragraph (b)(2) and revising it to read as follows:


Sec. 923.45  Air and water pollution control requirements.

    (a) As required by subsection 307(f), notwithstanding any other 
provision of the title, nothing in the title shall in any way affect 
any requirement:
    (1) Established by the Federal Water Pollution Control Act, as 
amended, or the Clean Air Act, as amended, or
    (2) Established by the Federal Government or by any state or local 
government pursuant to such Acts. Such requirements shall be 
incorporated in any program developed pursuant to this title and shall 
be the water pollution control and air pollution control requirements 
applicable to such program.
    (b) General comments. * * *
    (2) Water quality standards are established by EPA promulgation or 
approval of state standards, taking into consideration public water 
supplies, protection and propagation of fish, shellfish and wildlife, 
recreation, agriculture, industry and navigation. EPA itself develops 
standards on effluent limitations, new source performance standards, 
pre-treatment standards and toxic pollutant discharge standards.
* * * * *
    24. Section 923.46 is amended by revising paragraphs (a), (c)(1) 
and (c)(2) to read as follows:


Sec. 923.46  Organizational structure.

    (a)(1) As required by subsection 306(d)(2)(F), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the management program includes a description of the 
organizational structure proposed to implement such management program, 
including the responsibilities and interrelationships of local, 
areawide, state, regional and interstate agencies in the management 
process.
    (2) As required by subsection 306(d)(7), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state is organized to implement the management program.
* * * * *
    (c) Requirements. (1) States must describe the organizational 
structure that will be used to implement and administer the management 
program including a discussion of those state and other agencies, 
including local governments, that will have responsibility for 
administering, enforcing and/or monitoring those authorities or 
techniques required pursuant to the following subsections of the Act: 
306(d)(3)(B); 306(d)(10); 306(d)(10) (A) and (B); 306(d) (11) and (12); 
and 307(f).
    (2) States must describe the relationship of these administering 
agencies to the state agency designated pursuant to subsection 
306(d)(6) of the Act.
    25. Section 923.47(a) is amended by revising paragraph (a) to read 
as follows:


Sec. 923.47  Designated state agency.

    (a) As required by subsection 306(d)(6), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the Governor of the state has designated a single state 
agency to receive and administer the grants for implementing the 
management program.
* * * * *

SUBPART F--COORDINATION, PUBLIC INVOLVEMENT AND NATIONAL INTEREST

    26. Section 923.50 is amended by revising paragraphs (a), (b)(2), 
(b)(3) and the third sentence of paragraph (d) and by adding paragraphs 
(b)(4) and (b)(5) to read as follows:


Sec. 923.50  General.

    (a) As required by Section 303, the Congress finds and declares 
that it is the national policy:
    (1) To preserve, protect, develop, and, where possible, to restore 
or enhance the resources of the Nation's coastal zone for this and 
succeeding generations;
    (2) To encourage and assist the states to exercise effectively 
their responsibilities in the coastal zone through the development and 
implementation of management programs to achieve wise use of the land 
and water resources of the coastal zone, giving full consideration to 
ecological, cultural, historic, and esthetic values as well as to needs 
for compatible economic development;
    (3) To encourage the preparation of special area management plans 
which provide for increased specificity in protecting significant 
natural resources, reasonable coastal-dependent economic growth, 
improved protection of life and property in hazardous areas, including 
those areas likely to be affected by land subsidence, sea level rise, 
or fluctuating water levels of the Great Lakes, and improved 
predictability in governmental decisionmaking;
    (4) To encourage the participation and cooperation of the public, 
state and local governments, and interstate and other regional 
agencies, as well as of the Federal agencies having programs affecting 
the coastal zone, in carrying out the purposes of this Act;
    (5) To encourage coordination and cooperation with and among the 
appropriate Federal, state, and local agencies, and international 
organizations where appropriate, in collection, analysis, synthesis, 
and dissemination of coastal management information, research results, 
and technical assistance, to support state and Federal regulation of 
land use practices affecting the coastal and ocean resources of the 
United States; and
    (6) To respond to changing circumstances affecting the coastal 
environment and coastal resource management by encouraging states to 
consider such issues as ocean uses potentially affecting the coastal 
zone.
    (b)* * *
    (2) The achievement of wise use of coastal land and water resources 
with full consideration for ecological, cultural, historic, and 
aesthetic values and needs for compatible economic development;
    (3) The involvement of the public, of Federal, state and local 
governments and of regional agencies in the development and 
implementation of coastal management programs;
    (4) The management of coastal development to improve, safeguard, 
and restore coastal water quality; and
    (5) The study and development of plans for addressing the adverse 
effects of land subsidence and sea level rise.
* * * * *
    (d) * * * This subpart addresses the requirements of the following 
subsections of the Act: 306(d)(1)--Opportunity for Full Participation; 
306(d)(3)(A)--Plan Coordination; 306(d)(3)(B)--Continued State-Local 
Consultation; 306(d)(4)--Public Hearings; 306(d)(8)--Consideration of 
the National Interest in Facilities; 307(b)--Federal Consultation; and 
307(h)--Mediation.
    27. Section 923.51 is amended by revising paragraph (a), the first 
sentence of paragraph (b), paragraph (d) introductory text and 
(d)(5)(vii) to read as follows:


Sec. 923.51  Federal-state consultation.

    (a)(1) As required by subsection 306(d)(1), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state has developed and adopted a management program for 
its coastal zone with the opportunity of full participation by relevant 
Federal agencies.
    (2) As required by section 307(b), the Secretary shall not approve 
the management program submitted by a state pursuant to section 306 
unless the views of Federal agencies principally affected by such 
program have been adequately considered.
    (b) The requirements of subsections 306(d)(1) and 307(b) of the Act 
and those of subsections 307 (c) and (d) establish reciprocal State-
Federal relationships.* * *
* * * * *
    (d) Requirements. In order to address that portion of subsection 
306(d)(1) of the Act that deals with Federal agency participation, each 
state must:
* * * * *
    (5) * * *
    (vii) Federally developed or assisted plans that must be 
coordinated with the management program pursuant to subsection 
306(d)(3) of the Act.
* * * * *
    28. Section 923.52 is amended by revising paragraphs (a) and (b)(3) 
to read as follows:


Sec. 923.52  Consideration of the national interest in facilities.

    (a) As required by subsection 306(d)(8), the management program 
provides for adequate consideration of the national interest involved 
in planning for, and managing the coastal zone, including the siting of 
facilities such as energy facilities which are of greater than local 
significance. In the case of energy facilities, the Secretary shall 
find that the state has given consideration to any applicable national 
or interstate energy plan or program.
    (b) * * *
    (3) Indicate how and where the consideration of the national 
interest is reflected in the substance of the management program. In 
the case of energy facilities in which there is a national interest, 
the program must indicate the consideration given any national or 
interstate energy plans or programs which are applicable to or affect a 
state's coastal zone.
* * * * *
    29. Section 923.53 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 923.53  Federal consistency procedures.

    (a) * * *
    (1) An indication of whether the state agency designated pursuant 
to subsection 306(d)(6) of the Act or a single other agency will handle 
consistency review (see 15 CFR 930.18);
* * * * *
    30. Section 923.54 is amended by revising paragraph (d) to read as 
follows:


Sec. 923.54  Mediation.

* * * * *
    (d) If a serious disagreement persists, the Secretary or other head 
of a relevant Federal agency, or the Governor or the head of the state 
agency designated by the Governor as administratively responsible for 
program development (if a state still is receiving section 305 program 
development grants) or for program implementation (if a state is 
receiving section 306 program implementation grants) may notify the 
Secretary in writing of the existence of a serious disagreement, and 
may request that the Secretary seek to mediate the serious 
disagreement. A copy of the written request must be sent to the agency 
with which the requesting agency disagrees and to the Assistant 
Administrator.
* * * * *
    31. Section 923.55 is amended by revising paragraph (a) and the 
first sentence of paragraph (b) to read as follows:


Sec. 923.55  Full participation by state and local governments, 
interested parties and the general public.

    (a) As required by subsection 306(d)(1), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state has developed and adopted a management program for 
its coastal zone with the opportunity of full participation by state 
agencies, local governments, regional organizations, port authorities, 
and other interested public and private parties.
    (b) Requirements. In addition to consultation with Federal 
agencies, subsection 306(d)(1) of the Act requires that the opportunity 
for full participation in program development be provided state 
agencies, local governments, regional commissions and organizations, 
and other interested public and private parties. * * *
* * * * *
    32. Section 923.56 is amended by revising paragraphs (a) and (b)(1) 
to read as follows:


Sec. 923.56  Plan coordination.

    (a) As required by subsection 306(d)(3)(A), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state has coordinated its program with local, areawide, 
and interstate plans applicable to areas within the coastal zone--
    (1) existing on January 1 of the year in which the state's 
management program is submitted to the Secretary; and
    (2) which have been developed by a local government, an areawide 
agency, a regional agency, or an interstate agency.
    (b) * * *
    (1) Identify local governments, areawide agencies and regional or 
interstate agencies which have plans affecting the coastal zone in 
effect on January 1 of the year in which the management program is 
submitted;
* * * * *
    33. Section 923.57 is amended by revising paragraphs (a), (b)(1), 
(b)(2)(i) and (b)(2)(iv) to read as follows:


Sec. 923.57  Continuing consultation.

    (a) As required by subsection 306(d)(3)(B), before approving a 
management program submitted by a coastal state, the Secretary shall 
find that the state has established an effective mechanism for 
continuing consultation and coordination between the management agency 
designated pursuant to paragraph (6) of section 306(d) and with local 
governments, interstate agencies, regional agencies, and areawide 
agencies within the coastal zone to assure the full participation of 
those local governments and agencies in carrying out the purposes of 
this title; except that the Secretary shall not find any mechanism to 
be effective for purposes of this paragraph unless it requires that:
    (1) the management agency, before implementing any management 
program decision which would conflict with any local zoning ordinance, 
decision, or other action, shall send a notice of the management 
program decision to any local government whose zoning authority is 
affected;
    (2) within the 30-day period commencing on the date of receipt of 
that notice, the local government may submit to the management agency 
written comments on the management program decision, and any 
recommendation for alternatives; and
    (3) such management agency, if any comments are submitted to it, 
within the 30-day period, by any local government:
    (i) shall consider the comments;
    (ii) may, in its discretion, hold a public hearing on the comments; 
and
    (iii) may not take any action within the 30-day period to implement 
the management program decision.
    (b) Requirements. (1) Establish a mechanism or mechanisms which 
will provide for continuing consultation and coordination after program 
approval between local governments, regional, areawide, multi-state and 
other state agencies with activities in the coastal zone and the state 
agency designated pursuant to subsection 306(d)(6) of the Act;
    (2) * * *
    (i) ``Management agency'' refers to the state agency designated to 
the Governor pursuant to subsection 306(d)(6) of the Act and to any 
other state agency responsible for implementing a management program 
decision;
* * * * *
    (iv) ``Local government'' refers to these defined in section 
304(11) of the Act which have some form of zoning authority.
* * * * *
    34. Section 923.58 is amended by revising paragraph (a) to read as 
follows:


Sec. 923.58  Public hearings.

    (a) As required by subsections 306(d)(1) and 306(d)(4), before 
approving a management program submitted by a coastal state, the 
Secretary shall find that the state has developed and adopted a 
management program for its coastal zone after notice, and with the 
opportunity of full participation by relevant Federal agencies, state 
agencies, local governments, regional organizations, port authorities, 
and other interested parties and individuals, public and private, which 
is adequate to carry out the purposes of the Act and is consistent with 
the policy declared in section 303; and shall find that the state has 
held public hearings in the development of the management program.
* * * * *
    35. Subpart G is revised to read as follows:

Subpart G--Environmental Review


Sec. 923.60  Environmental assessment.

    (a) Requirements. All state management program submissions must 
contain an environmental assessment at the time of submission of the 
management program to OCRM for threshold review. In accordance with the 
Council on Environmental Quality regulations, 40 CFR 1506.5 (a) and 
(b), state environmental assessments shall contain the following 
information:
    (1) A summary of the state's management program;
    (2) A brief discussion of the need for the state's participation in 
the Federal program;
    (3) A succinct description of the environment to be affected by 
program implementation;
    (4) A description and discussion of the major alternatives which 
were considered by the state in developing the coastal management 
program;
    (5) A discussion of the environmental impacts of implementing the 
program;
    (6) A listing of agencies or persons consulted in determining the 
impacts of the management program.
    (b) General comments. OCRM will independently evaluate the state's 
environmental assessment and use as much as possible in developing an 
EIS on the management program. An EIS will be produced for all state 
programs submitted for 306 approval. The timing and review procedure 
for the EIS are discussed in Sec. 923.72.
    36. Section 923.70 is revised to read as follows:

Subpart H--Review/Approval Procedures


Sec. 923.70  General.

    The purpose of this subpart is to describe the process of state 
program review and approval following submission of a state's 
management program to the Assistant Administrator. Because the review 
process involves preparation and dissemination of draft and final 
environmental impact statements and lengthy Federal agency review; 
states should at least anticipate that it normally will take 7 months 
between the time a state first submits a draft management program to 
OCRM for threshold review and the point at which the Assistant 
Administrator makes a final decision on whether to approve the 
management program. Certain factors will contribute to lengthening or 
shortening this time table; these factors are discussed in the sections 
that follow. This subpart also provides guidance on a recommended 
format for the program document submitted to the Assistant 
Administrator for review and approval.
    37. Section 923.71 is amended by revising Table 2 in paragraph (b) 
and paragraph (c)(4) (i) through (vi), and removing paragraph (d) to 
read as follows:


Sec. 923.71  Recommended format for program submission.

    * * * * *
    (b) * * *

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

* * * * *
    (c) * * *
    (4) * * *
    (i) Boundaries. The requirements of subsection 306(d)(2)(A) of the 
Act and Subpart D of these regulations should be addressed. States may 
want to indicate here, or as part of the EIA, major boundary 
alternatives considered. General maps of the management boundaries and 
of excluded Federal lands, if provided, are recommended for inclusion 
in this section (or if more easily handled as a separate appendix, 
their location in the appendix should be indicated in this section).
    (ii) Uses subject to management. The requirements of subsections 
306(d)(2)(B), 306(d)(2)(H), and 306(d)(12) of the Act and related 
sections 923.11 through 923.13 of these regulations should be 
addressed.
    (iii) Special management areas. The requirements of subsections 
306(d)(2)(C), 306(d)(2)(E), 306(d)(2(G), 306(d)(2)(I), and 306(d)(9) 
and the associated requirements of Subpart C of these regulations 
should be addressed. States are encouraged to include generalized maps 
located designated Areas of Particular Concern.
    (iv) Authorities and organization. The requirements of subsections 
306(d)(2)(D), 306(d)(2)(F), 306(d)(6), 306(d)(10), 306(d)(11), and 
307(f) of the Act and the associated requirements of Subpart E of these 
regulations should be addressed. This should include a discussion of 
the administrative and legal bases that will be used to implement and 
insure enforcement of and compliance with the policies of the 
management program. This section should include, as applicable, 
discussion of six types of legal authorities: state legislation, state 
agency regulations, gubernatorial executive orders, interagency 
agreements, significant judicial decisions and significant 
constitutional provisions. With respect to the organization structure 
that will be used to implement the management program, this section 
should include a discussion of the roles and responsibilities during 
the program implementation of the state agency designated pursuant to 
subsection 306(d)(6) of the Act and of other state, local or regional 
agencies that will be involved in carrying out the management program. 
The relationship of the designated state agency to these other agencies 
also should be described.
    (v) Consultation, participation and national interests. The 
requirements of subsections 306 (d)(1) through (d)(4), 306(d)(8) and 
307(b) of the Act and the related requirements of Subpart F of these 
regulations should be addressed. Included herein should be a summary of 
consultation efforts with relevant Federal and state agencies, local 
governments, regional, areawide and/or interstate entities. A summary 
of public information and participation during program development 
should be included. Also included herein should be discussions of 
national interest considerations; what procedures the state will use to 
implement the Federal consistency provisions of the Act; and what 
mechanisms will be used to insure continued governmental consultation 
and public participation after program approval. Detailed documentation 
regarding a number of the requirements addressed in this section can be 
reserved for appendices.
    (vi) Miscellaneous. Normally, states will address the requirements 
of subsection 306(d)(5) and related section 923.48 in the gubernatorial 
transmittal that will accompany the program submission.
    38. Section 923.73 is revised to read as follows:


Sec. 923.73  Miscellaneous.

    The timelines laid out in Sec. 923.72 may be shortened if reduction 
of the time allotted to review environmental impact statements is 
proposed consistent with applicable procedures and guidelines of CEQ 
and their concurrence is requested. Reductions in review time normally 
are limited to emergency circumstances or conditions which would result 
in impaired program effectiveness.


Secs. 923.74, 923.75, 923.76  [Removed]

    39. Sections 923.74, 923.75 and 923.76 are removed.
    40. Section 923.80 is amended by redesignating paragraph (c) as 
paragraph (d), revising paragraph (b), and adding a new paragraph (c) 
to read as follows:

Subpart I--Amendments to and Termination of Approved Management 
Programs


Sec. 923.80  General.

* * * * *
    (b) As required by subsection 306(e), any coastal state may amend 
or modify a management program which it has submitted and which has 
been approved by the Secretary under this subsection, subject to the 
following conditions:
    (1) The state shall promptly notify the Secretary of any proposed 
amendment, modification, or other program change and submit it for the 
Secretary's approval. The Secretary may suspend all or part of any 
grant made under this subsection pending state submission of the 
proposed amendment, modification or other program change.
    (2) Within 30 days after the date the Secretary receives any 
proposed amendment, the Secretary shall notify the state whether the 
Secretary approves or disapproves the amendment, or whether the 
Secretary finds it is necessary to extend the review of the proposed 
amendment for a period not to exceed 120 days after the date the 
Secretary received the proposed amendment. The Secretary may extend 
this period only as necessary to meet the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). If the 
Secretary does not notify the coastal state that the Secretary approves 
or disapproves the amendment within that period, then the amendment 
shall be conclusively presumed as approved.
    (3)(i) Except as provided in paragraph (3)(ii), a coastal state may 
not implement any amendment, modification, or other change as part of 
its approved management program unless the amendment, modification, or 
other change is approved by the Secretary under this paragraph.
    (ii) The Secretary, after determining on a preliminary basis, that 
an amendment, modification or other change which has been submitted for 
approval under subsection 306(e) is likely to meet the program approval 
standards, may permit the state to expend funds awarded under 
subsection 306(e) to begin implementing the proposed amendment, 
modification, or change. This preliminary approval shall not extend for 
more than 6 months and may not be renewed. A proposed amendment, 
modification, or change which has been given preliminary approval and 
is not finally approved under this paragraph shall not be considered an 
enforceable policy for purposes of subsection 307 of the Act.
    (c) As required by subsection 312(d), the Secretary shall withdraw 
approval of the management program of any coastal state and shall 
withdraw financial assistance available to that state under this title 
as well as any unexpended portion of such assistance, if the Secretary 
determines that the coastal state has failed to take the actions 
referred to in subsection 312(c)(2)(A).
* * * * *
    41. Section 923.81 is amended by revising paragraphs (a) and 
(b)(3)(i) to read as follows:


Sec. 923.81  Requests for amendments.

    (a) Requirement. Requests for amendments shall be submitted to the 
Assistant Administrator by the Governor of a coastal state with an 
approved management program or by the head of the state agency 
(designated pursuant to subsection 306(d)(6)) if the Governor had 
delegated this responsibility and such delegation is part of the 
approved management program.
    (b) * * *
    (3) * * *
    (i) At least one public hearing must be held on the proposed 
amendment, pursuant to subsection 306(d)(4) of the Act.
* * * * *
    42. Section 923.82 is amended by revising paragraphs (a)(1)(i)(A), 
(a)(1)(v)(D), (a)(2), (b) and (c) to read as follows:


Sec. 923.82  Amendment review/approval procedures.

    (a) * * *
    (1) * * *
    (i) * * *
    (A) Areas the management of which is necessary to control uses with 
direct and significant impacts on coastal waters or areas likely to be 
affected by or vulnerable to sea level rise;
 * * * * *
    (v) * * *
    (D) In the case of energy facilities, consideration of any 
applicable interstate energy plan or program (see Sec. 923.52(c)(3)).
    (2) The procedural requirements of section 306(d) of the Act have 
been met. These procedural requirements are that:
    (i) The state has developed the amendment with the opportunity for 
full participation by relevant Federal agencies, state agencies, local 
governments, regional organizations, port authorities, and other 
interested public and private parties (subsection 306(d)(1));
    (ii) The state has coordinated the amendment with local, area-wide 
and interstate plans applicable to areas within the coastal zone 
affected by the amendment and existing on January 1 of the year in 
which the amendment request is submitted (subsection 306(d)(3)(A));
    (iii) Notice has been provided and a public hearing held on the 
proposed amendment (subsections 306(d)(1), 306(d)(3) and 306(d)(4)); 
and
    (iv) The Governor or the head of the state agency, designated 
pursuant to subsection 306(d)(6), has reviewed and approved the 
proposed amendment (subsection 306(d)(5)).
    (b) If the Assistant Administrator, as a preliminary matter, 
determines that the management program, if changed, would no longer 
constitute an approvable program, or if any of the procedural 
requirements of section 306(d) of the Act have not been met, the 
Assistant Administrator shall advise the state in writing of the 
reasons why the amendment request cannot be considered. * * *
    (c) If the Assistant Administrator, as a preliminary matter, 
determines that the management program, if changed, would still 
constitute an approvable program and that the procedural requirements 
of section 306(d) of the Act have been met, the Assistant Administrator 
will then determine, pursuant to the National Environmental Policy Act 
of 1969, as amended, whether an environmental impact statement (EIS) is 
required. * * *
    43. Section 923.83 is amended by revising the first sentence of 
paragraph (b) to read as follows:


Sec. 923.83  Mediation of amendments.

* * * * *
    (b) Mediation may be requested by a Governor or head of a state 
agency designated pursuant to subsection 306(d)(6) or by the head of a 
relevant Federal agency. * * *
* * * * *
    44. Section 923.90 is amended by revising paragraphs (e) and (f) to 
read as follows:

Subpart J--Applications for Program Development or Implementation 
Grants


Sec. 923.90  General.

* * * * *
    (e) For purposes of this subpart, the term ``development grant'' 
means a grant awarded pursuant to subsection 305(a) of the Act. 
``Administrative grant'' and ``implementation grant'' are used 
interchangeably and mean grants awarded pursuant to subsection 306(a) 
of the Act.
    (f) All application and preapplication forms are to be requested 
from and submitted to: National Oceanic and Atmospheric Administration, 
Office of Ocean and Coastal Resource Management, 1305 East-West 
Highway, 11th Floor, Silver Spring, MD 20910.
    45. Section 923.91 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec. 923.91  State responsibility.

    (a) Applications for program grants shall be submitted by the 
Governor of a participating state or by the head of the state entity 
designated by the Governor pursuant to subsection 306(d)(6) of the Act.
    (b) In the case of a section 305 grant, the application shall 
designate a single state agency or entity to receive development grants 
and to be responsible for development of the state's coastal management 
program. The designee need not be that entity designated by the 
Governor pursuant to subsection 306(d)(6) of the Act as a single agency 
to receive and administer implementation grants.
* * * * *
    46. Section 923.92 is amended by revising paragraph (a) to read as 
follows:


Sec. 923.92  Allocation.

    (a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) foster 
intergovernmental cooperation in that a state, in accordance with its 
coastal zone management program, may allocate its coastal zone 
management responsibilities to several agencies, including local 
governments, areawide agencies, regional agencies and interstate 
agencies. Such allocations provide for continuing consultation and more 
effective participation and cooperation among state and local 
governments, interstate, regional and areawide agencies.
* * * * *


Secs. 923.93, 923.98  [Removed]

    47. In Subpart J, sections 923.93 and 923.98 are removed and 
sections 923.94, 923.95, 923.96, 923.97 923.99 and 923.100 are 
redesignated as sections 923.93, 923.94, 923.95, 923.96, 923.97 and 
923.98, respectively.
    48. Section 923.93 is amended by revising paragraph (c)(2)(i) and 
the first sentence of paragraphs (d) and (f) to read as follows:


Sec. 923.93  Eligible implementation costs.

* * * * *
    (c) * * *
    (2) * * *
    (i) Prevent or mitigate loss of life and property in such coastal 
hazard areas as floodplains, erosion-prone areas, areas subject to 
subsidence, saltwater intrusion, or sea level rise;
* * * * *
    (d) Implementation funding may be applied to the management of 
designated areas of particular concern, especially areas designated for 
preservation or restoration purposes pursuant to section 306(d)(9) of 
the   Act.  * * *
    (e) * * *
    (f) Equipment purchases by the grantee of more than five thousand 
(5,000) dollars per item require NOAA approval prior to purchase. * * *
* * * * *
    49. Section 923.95 is amended by revising paragraph (a)(4) to read 
as follows:


Sec. 923.95  Applications for subsequent program development grants.

    (a) * * *
    (4) Indicate when the state will submit a management program to the 
Assistant Administrator for review and final approval pursuant to 
section 306 of the Act.
* * * * *
    50. Section 923.98 is amended by revising paragraph (a) to read as 
follows:


Sec. 923.98  Grant amendments.

    (a) Actions which require an amendment to a grant award such as a 
request for additional Federal funds, changes in the amount of the non-
Federal share, changes in the approved project budget as specified in 
OMB Circular A-102, or extension of the grant period must be submitted 
to the Assistant Administrator and approved in writing by him/her and 
the NOAA Grants Officer prior to initiation of the contemplated change. 
Such requests should be submitted at least 30 days prior to the 
proposed effective date of the change and, if appropriate, accompanied 
by evidence of compliance with E.O. 12372 requirements.
* * * * *
    51. In 15 CFR part 923, subpart K is removed.


Secs. 923.1, 923.47, 923.62, 923.70, 923.71, 923.72, 923.81, 923.82, 
923.84, 923.93  [Amended]

    52. In addition to the amendments set forth above, in 15 CFR part 
923, remove the word ``OCZM'' and add, in its place, the word ``OCRM'' 
in the following places:
    a. Section 923.1(d)(5);
    b. Section 923.47(b)(3) and (c)(1);
    c. Section 923.70;
    d. Section 923.71 (a) and (c);
    e. Section 923.72(a);
    f. Section 923.81(b)(4)(i);
    g. Section 923.82(a) introductory text and (c)(1) introductory 
text;
    h. Section 923.84(b)(1) introductory text, (b)(1)(i), (b)(1)(ii), 
(b)(2) introductory text, (b)(2)(i)(B), (b)(2)(i)(C), (b)(3), (b)(4) 
introductory text, (b)(4)(i)(A), and (b)(5);
    i. Section 923.90(a); and
    j. Section 923.93(e)(4)(ii) and (g).
    53. Section 923.1(d)(5) is amended by removing the words ``Office 
of Coastal Zone Management'' and adding, in their place, the words 
``Office of Ocean and Coastal Resource Management''.
    54. Section 923.90(f) is revised to read as follows:


Sec. 923.90  General.

* * * * *
    (f) All application and preapplication forms are to be requested 
from and submitted to: National Oceanic and Atmospheric Administration, 
Office of Ocean and Coastal Resource Management, Coastal Program 
Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 20910.

PART 926--COASTAL ZONE MANAGEMENT PROGRAM DEVELOPMENT GRANTS, 
ALLOCATION OF FUNDS TO STATES

    55. Part 926 is removed and reserved.

PART 927--ALLOCATION OF SECTION 306 PROGRAM ADMINISTRATION GRANTS

    56. Section 927.1 is amended by revising paragraphs (a), (b) and 
(f) to read as follows:


Sec. 927.1  Allocation formula.

    (a) As required by subsection 306(a), the Secretary may make grants 
to any coastal state for the purpose of administering that state's 
management program, if the state matches any such grant according to 
the following ratios of Federal-to-state contributions for the 
applicable fiscal year:
    (1) For those states for which programs were approved prior to 
enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 1 
to 1 for any fiscal year.
    (2) For programs approved after enactment of the Coastal Zone Act 
Reauthorization Amendments of 1990, 4 to 1 for the first fiscal year, 
2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fiscal 
year, and 1 to 1 for each fiscal year thereafter.
    (3) As required by subsection 306(b), the Secretary may make a 
grant to a coastal state under subsection 306(a) only if the Secretary 
finds that the management program of the coastal state meets all 
applicable requirements of this title and has been approved in 
accordance with subsection 306(d).
    (4) As required by subsection 306(c), grants under this section 
shall be allocated to coastal states under approved programs based on 
rules and regulations promulgated by the Secretary which shall take 
into account the extent and nature of the shoreline and area covered by 
the program, population of the area, and other relevant factors. The 
Secretary shall establish, after consulting with the coastal states, 
maximum and minimum grants for any fiscal year to promote equity 
between coastal states and effective coastal management.
    (b) Minimum/maximum allocations. The Assistant Administrator shall 
establish minimum and maximum state allocations annually, after 
consultation with the coastal states.
    (c) * * *
    (d) * * *
    (e) * * *
    (f) Calculation of financial assistance award levels. Actual 
financial assistance award levels will be set from base level 
allocations, any adjustments under paragraph (e) above, and in 
accordance with the provisions of Section 312(c) and (d).
* * * * *
[FR Doc. 94-11715 Filed 5-27-94; 8:45 am]
BILLING CODE 3510-08-P-M