Coastal Zone Management Program Regulations

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