[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Notices]
[Pages 1439-1440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-457]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration


Federal Approval of the Texas Coastal Management Program

AGENCY: National Oceanic and Atmospheric Administration, National Ocean 
Service.

ACTION: Notice of the National Oceanic and Atmospheric Administration, 
National Ocean Services's approval of the Texas Coastal Management 
Program pursuant to the Coastal Zone Management Act of 1972, as amended 
16 U.S.C. 1451 et seq.

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SUMMARY: Notice is hereby given that the National Oceanic and 
Atmospheric Administration (NOAA) approved the Texas Coastal Management 
Program (TCMP) on December 23, 1996, pursuant to the provisions of 
section 306 of the Federal Coastal Zone Management Act of 1972, as 
amended, 16 U.S.C. 1455 (CZMA). The TCMP is described in the Texas 
Coastal Management Program and Final Environmental Impact Statement (P/
FEIS) published in August 1996.
    Texas is the 30th state to receive federal approval of its coastal 
management program and the first state program to be approved by NOAA 
in ten years. Texas submitted a proposed coastal program to NOAA in 
October 1995. Upon reaching a preliminary decision that the program met 
the requirements of the CZMA, and in order to meet its responsibilities 
under the National Environmental Policy Act, NOAA published the Texas 
Coastal Management Program and Draft Environmental Impact Statement (P/
DEIS) for public review on June 23, 1996. NOAA published the P/FEIS 
including public comments on the P/DEIS and responses to those comments 
on August 23, 1996. NOAA has also fulfilled its responsibilities under 
the Endangered Species Act through

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consultations with the U.S. Fish and Wildlife Service and National 
Marine Fisheries Service.
    The TCMP is the culmination of several years of development by the 
State of Texas, interest groups, the general public, federal agencies, 
and in consultation with NOAA. The TCMP consists of numerous state 
policies on diverse coastal management issues which are prescribed by 
statute and other legal mechanisms and made enforceable under state 
law. The TCMP will improve the decision making process for determining 
appropriate coastal land and water uses in light of resource 
consideration and increase public awareness of coastal resources and 
processes. The TCMP will increase long term protection of the state's 
coastal resources, while providing for sustainable economic 
development.
    NOAA approval of the TCMP makes the state eligible for federal 
financial assistance for program administration and enhancement under 
sections 306, 306A, 308 and 309 of the CZMA (16 U.S.C. Secs. 1455, 
1455a, 1456a, and 1456b). Texas has submitted an application for 
$800,000 in FY 1996 Federal CZMA funds which are available to Texas. 
These funds will generally be used to assist the state administer the 
various state and local authorities included in the TCMP as well as be 
used to fund local management efforts to increase public access, 
restore damaged resources and manage coastal erosion.
    NOAA approval of the TCMP also makes operational, as of the date of 
this Federal Register notice, the CZMA federal consistency requirement 
with respect to the TCMP (16 U.S.C. 1456; 15 CFR part 930). Therefore, 
as of today, direct federal activities occurring within or outside the 
Texas Coastal Zone that are reasonably likely to affect any land or 
water use or natural resources of the Texas Coastal Zone must be 
consistent to the maximum extent practicable with the enforceable 
policies of the TCMP. In addition, activities within or outside the 
Texas Coastal Zone requiring a federal license or permit listed in the 
P/FEIS, and federal financial assistance to state agencies and local 
governments that are reasonably likely to affect any land or water use 
or natural resource of the Texas Coastal Zone must be consistent with 
the enforceable policies of the TCMP.
    Chapter 4 and Appendix C1 of the P/FEIS identify the enforceable 
policies of the Texas program. Chapter 5 and Appendix C4 of the P/FEIS 
identify federally licensed or permitted activities subject to the 
federal consistency requirements. Chapter 5 and Appendix C4 of the P/
FEIS, as well as the CZMA regulations at 15 CFR part 930, provide 
specific procedures to be used in the Federal/State coordination 
process.
    For further information please contact Bill O'Beirne at (301) 713-
3109, ext. 160; or via fax at (301) 713-4367; or via the Internet at 
<[email protected]>.

(Federal Domestic Assistance Catalog 11.419 Coastal Zone Management 
Program Administration)
David L. Evans,
Deputy Assistant Administrator for Ocean Service and Coastal Zone 
Management.
[FR Doc. 97-457 Filed 1-9-97; 8:45 am]
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