[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Pages 39857-39858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16987]



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DEPARTMENT OF COMMERCE



National Oceanic Atmospheric Administration




Alaska Coastal Management Program Withdrawal From the National 

Coastal Management Program Under the Coastal Zone Management Act (CZMA)



AGENCY: Office of Ocean and Coastal Resource Management (OCRM), 

National Ocean Service (NOS), National Oceanic Atmospheric 

Administration (NOAA), Department of Commerce (Commerce).



ACTION: Notice.



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SUMMARY: By operation of Alaska State law, the federally approved 

Alaska Coastal Management Program expired on July 1, 2011, resulting in 

a withdrawal from participation in the CZMA's National Coastal 

Management Program. The CZMA Federal consistency provision, section 

307, no longer applies in Alaska. In addition, Alaska is no longer 

eligible for CZMA grants under sections 306, 306A, 308, 309 or 310. 

(CZMA section 315 grants are not affected.)



FOR FURTHER INFORMATION CONTACT: Ms. Joelle Gore, Chief, Coastal 

Programs Divisions, Office of Ocean and Coastal Resource Management, 

NOAA, at 301-563-1177.



SUPPLEMENTARY INFORMATION: The Alaska Coastal Management Program (ACMP) 

was approved by NOAA in 1979 as a voluntary state partner in the 

National Coastal Management Program. The ACMP expired by operation of 

Alaska Statutes 44.66.020 and 44.66.030 on June 30, 2011. As a result 

of its expiration, the ACMP was withdrawn from this program on July 1, 

2011. As of July 1, 2011, there is no longer a CZMA program in Alaska. 

Because a federally approved coastal management program must be 

administered by a state



[[Page 39858]]



agency, no other entity may develop or implement a federally approved 

coastal management program for the state.

    As of July 1, 2011, the CZMA Federal consistency provision no 

longer applies in Alaska. Federal agencies shall no longer provide the 

State of Alaska with CZMA Consistency Determinations or Negative 

Determinations pursuant to 16 U.S.C. 1456(c)(1) and (2), and 15 CFR 

part 930, subpart C. Persons or applicant agencies for Federal 

authorizations or funding shall no longer provide to the State of 

Alaska CZMA Consistency Certifications pursuant to 16 U.S.C. 

1456(c)(3)(A), (B) and (d), and 15 CFR part 930, subparts D, E and F. 

Because the CZMA Federal consistency provisions no longer apply in 

Alaska, consistency determinations from Federal agencies and 

consistency certifications from applicants for Federal authorizations 

or funding that are currently pending ACMP response are no longer 

required to receive a response from the ACMP and may proceed in 

accordance with other applicable law and procedures.

    The Deepwater Port Act (33 U.S.C. 1501-1524) requires a state to 

have, or be making progress toward, a federally approved CZMA 

management program in order to issue a license for a facility in 

adjacent Federal waters. (Note: this only applies to ``deepwater 

ports'' in Federal waters, and does not apply to deep-draft ports in 

state waters or to offshore oil and gas extraction under the Outer 

Continental Shelf Lands Act.) The withdrawal of the ACMP from the 

National CZMA program affects the eligibility of licensees seeking to 

locate facilities in Federal waters adjacent to Alaska under the 

Deepwater Port Act.

    Additionally, Alaska no longer qualifies for grants under the 

Coastal and Estuarine Land Conservation Program (CELCP)--unless they 

are accepted through, and support, the Kachemak Bay National Estuarine 

Research Reserve, which is not affected by the termination of the ACMP.



    Dated: July 1, 2011.

David M. Kennedy,

Assistant Administrator for Oceans and Coastal Zone Management.

[FR Doc. 2011-16987 Filed 7-6-11; 8:45 am]

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