[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12539-12541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6581]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Parts 921, 923 and 930

RIN 0648-AJ24


Coastal Zone Management Program Regulations and National 
Estuarine Research Reserve System 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 National Oceanic and Atmospheric Administration (NOAA) is 
amending its ocean and coastal resource management regulations 
concerning the National Estuarine Research Reserve System, Coastal Zone 
Management Program, and Secretarial review procedures. The Coastal Zone 
Protection Act of 1996 amended the Coastal Zone Management Act (the 
Act) and reauthorized NOAA's Coastal Zone Management Program and 
National Estuarine Research Reserve System under the Act. Among the 
amendments to the Act were changes to the use of Coastal zone 
enhancement grants, the formula for financial assistance to the states 
for National Estuarine Research Reserve (NERR) activities, and the 
timing for the appeals process under the consistency provisions. NOAA 
issues this final rule to amend the existing regulations to conform 
with the statutory amendments.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT: Vickie A. Allin, Policy Coordination 
Division, Office of Ocean and Coastal Resource Management, 1305 East-
West Highway, N/ORM4, Silver Spring, Maryland 20910. Telephone: 301-
713-3086 ext. 126.

SUPPLEMENTARY INFORMATION:

I. Authority

    This final rule is issued under the authority of the Coastal Zone 
Management Act (CZMA), 16 U.S.C. 1451 et seq., as amended by the 
Coastal Zone Protection Act of 1996 (CZPA), Pub. L. 104-150.

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 1996 amendments:
    <bullet> Section 309 of the CZMA identified eight national coastal 
zone enhancement objectives and authorized grants to states for 
development and submission of program changes that support attainment 
of those objectives. Section 309 did not authorize grants for 
implementation of those changes.
    <bullet> Section 315 of the CZMA authorized grants to states for 
the designations, management and use of NERRs. However, section 315 
limited, in most cases, the amount of Federal financial assistance that 
could be used for a NERR activity to a specified percentage of the cost 
of that activity.
    <bullet> Section 307 of the CZMA established the Federal 
consistency requirement, which requires Federal agencies, applicants 
for Federal licenses, permits or other approvals and state or local 
government agencies applying for Federal financial assistance to 
conduct their activities consistent with federally-approved state 
coastal management programs if an activity is reasonably likely to 
affect any land or water use or natural resource of a state's coastal 
zone. Section 307 also provided for an appeal, referred to as a 
consistency appeal, to the Secretary of Commerce (Secretary) for a 
Secretarial override of state objections to Federal license or permit 
or financial assistance activities.
    NOAA's regulations at 15 CFR Parts 921, 923 and 930 implement these 
provisions.

III. Coastal Zone Protection Act of 1996

    The Coastal Zone Protection Act of 1996 (CZPA) contains the 
following amendments to the CZMA.
    <bullet> Section 7 of the CZPA amends section 309 to add, as a 
ninth coastal zone enhancement objective, the adoption of procedures 
and policies to evaluate and facilitate the siting of aquaculture in 
the coastal zone.
    <bullet> Section 3 of the CZPA amends section 309 to authorize 
limited use of coastal zone enhancement grants to states for 
implementation as well as for development and submission of program 
changes.
    <bullet> Section 6 of the CZPA amends section 315 to provide that 
Federal financial assistance provided from amounts recovered as a 
result of damage to natural resources in the coastal zone may be used 
to pay for 100% of the cost of a NERR activity.
    <bullet> Section 8 of the CZPA adds a new section 319 which 
requires that the Sec-
retary publish a notice in the Federal Register stating when the record 
in a consistency appeal has closed. Within 90 days after publication of 
this notice, the Secretary shall issue a final decision

[[Page 12540]]

in the appeal or publish another notice detailing why the decision 
cannot be issued. In the latter case, the Secretary shall issue a final 
decision within 45 days after the publication of the latter notice.

IV. Discussion of Changes

    Because of the statutory amendments, some of NOAA's current CZM 
Program and NERRS regulations no longer conform to the law. The purpose 
of this rule is to amend certain regulations so that they are 
consistent with the statute and to incorporate requirements that are 
effective immediately. These changes are non-controversial and are 
merely codifying statutory changes.
    The following is a brief explanation of changes made to each of the 
sections of the regulations to reflect the statutory amendments.

A. National Coastal Zone Management Program

    NOAA is amending regulations for the Coastal Zone Enhancement Grant 
Program at 15 CFR 923.121(a) and (g) to include limited use of section 
309 enhancement grants for implementation of program changes. NOAA is 
also adding a new subsection, 15 CFR 923.122(b)(9), allowing use of 
section 309 grants for attainment of the new aquaculture coastal zone 
enhancement objective.

B. National Estuarine Research Reserve System

    Several subsections of 15 CFR Part 921 limit the amount of section 
315 Federal financial assistance that a state or other qualified entity 
or individual may receive to fund a NERR activity to a specific 
percentage of the cost of that activity. For each of these subsections, 
NOAA is adding the provision that 100% of the cost of the NERR activity 
may be funded with Federal financial assistance, when that assistance 
comes from amounts recovered as a result of damage to natural resources 
in the coastal zone.

C. Federal Consistency With Approved Coastal Management Programs

    NOAA is deleting 15 CFR 930.130(b), which provided that the 
Secretary shall make all reasonable efforts to complete consideration 
of consistency appeals within 90 days. This section is superseded by 
section 8 of the CZPA.

V. Rulemaking Requirements

    A. This rule was determined to be ``not significant'' for purposes 
of Executive Order 12866.
    B. This rule relates to public property, loans, grants, benefits, 
and contracts, and therefore, it is exempt from every requirement of 
section 553 of the Administrative Procedure Act (5 U.S.C. 553), 
including notice and comment and delayed effective date.
    C. Because a notice of proposed rulemaking is not required by 5 
U.S.C. 553, or any other law, a Regulatory Flexibility Analysis is not 
required and was not prepared for purposes of the Regulatory 
Flexibility Act.
    D. This rule involves collections of information subject to the 
Paperwork Reduction Act and cleared by the Office of Management and 
Budget under Control number 0648-0119. The estimated response times for 
these requirements are 480 hours for management program approval and 8 
hours for program amendments and routine program changes. The response 
estimates shown include the time for reviewing instruction, searching 
existing data sources, gathering and maintaining date needed, and 
completing and reviewing the collection of information. Notwithstanding 
any other provision of the law, no person is required to respond to, 
nor shall any person be subject to penalty for failure to comply with a 
collection of information, subject to the requirements of the PRA, 
unless that collection of information displays a currently valid OMB 
Control Number.
    E. National Environmental Policy Act. NOAA has concluded that this 
regulatory action does not constitute a major Federal action 
significantly affecting the quality of the human environment. 
Therefore, an environmental impact statement is not required.
    F. This rule contains no Federal mandates (under the regulatory 
provisions of Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA), Pub. L. 104-4) for State, local, and tribal governments or the 
private sector. Thus, this rule is not subject to the requirements of 
sections 202 and 205 of the UMRA.
    G. NOAA has concluded that this regulatory action does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Assessment under Executive Order 12612.

List of Subjects in 15 CFR Parts 921, 923, and 930

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

    Dated: March 7, 1997.
David L. Evans,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.

    For the reasons set out in the Preamble, 15 CFR parts 921, 923, and 
930 are amended as follows:

PART 921--NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS

    1. The authority citation for part 921 continues to read as 
follows:

    Authority: Section 315 of the Coastal Zone Management Act, as 
amended (16 U.S.C. 1461)

    2. Paragraph (f) of Sec. 021.1 is amended by adding a sentence 
after the third sentence to read as follows:


Sec. 921.1   Mission, goals and general provisions.

* * * * *
    (f) * * * Notwithstanding the above provisions for financial 
assistance, financial assistance provided from amounts recovered as a 
result of damage to natural resources located in the coastal zone may 
be used to pay 100 percent of the costs of activities carried out with 
the assistance. * * *
* * * * *
    3. Section 921.20 is amended by revising the last sentence to read 
as follows:


Sec. 921.20   General.

    * * * In any case, the amount of Federal financial assistance 
provided to a coastal state with respect to the acquisition of lands 
and waters, or interests therein, for any one National Estuarine 
Research Reserve may not exceed an amount equal to 50 percent of the 
costs of the lands, waters, and interests therein or $5,000,000, 
whichever amount is less, except when the financial assistance is 
provided from amounts recovered as a result of damage to natural 
resources located in the coastal zone, in which case the assistance may 
be used to pay 100 percent of the costs.
    4. Section 921.31 is amended by revising the second and fourth 
sentences to read as follows:


Sec. 921.31   Supplemental acquisition and development awards.

    * * * Federal financial assistance provided to a National Estuarine 
Research Reserve for supplemental development costs directly associated 
with facility construction (i.e., major construction activities) may 
not exceed 70 percent of the total project cost, except when the 
financial assistance is provided from amounts recovered as a

[[Page 12541]]

result of damage to natural resources located in the coastal zone, in 
which case the assistance may be used  to pay 100 percent of the costs. 
* * * Acquisition awards for the acquisition of lands or waters, or 
interest therein, for any one Reserve may not exceed an amount equal to 
50 percent of the cost of the lands, waters, and interests therein or 
$5,000,000, whichever amount is less, except when the financial 
assistance is provided from amounts recovered as a result of damage to 
natural resources located in the coastal zone, in which case the 
assistance may be used to pay 100 percent of the costs. * * *
    5. Paragraph (c) of Sec. 921.32 is amended by revising the second 
sentence to read as follows:


Sec. 921.32  Operation and management: Implementation of the management 
plan.

* * * * *
    (c) * * * Federal funds provided pursuant to this section may not 
exceed 70 percent of the total cost of operating and managing the 
Reserve for any one year, except when the financial assistance is 
provided from amounts recovered as a result of damage to natural 
resources located in the coastal zone, in which case the assistance may 
be used to pay 100 percent of the
costs. * * *
* * * * *
    6. Paragraph (b) of Sec. 921.50 is amended by revising the last 
sentence to read as follows:


Sec. 921.50   General.

* * * * *
    (b) * * * Federal funds provided under this subpart may not exceed 
70 percent of the total cost of the project, consistent with 
Sec. 921.81(e)(4) (``allowable costs''), except when the financial 
assistance is provided from amounts recovered as a result of damage to 
natural resources located in the coastal zone, in which case the 
assistance may be used to pay 100 percent of the costs.
    7. Paragraph (b) of Sec. 921.60 is amended by revising the last 
sentence to read as follows:


Sec. 921.60   General.

* * * * *
    (b) * * * Federal funds provided under this subpart may not exceed 
70 percent of the total cost of the project, consistent with 
Sec. 921.81(e)(4) (``allowable costs''), except when the financial 
assistance is provided from amounts recovered as a result of damage to 
natural resources located in the coastal zone, in which case the 
assistance may be used to pay 100 percent of the costs.
* * * * *
    8. Paragraph (b) of Sec. 921.70 is amended by revising the last 
sentence to read as follows:


Sec. 921.70   General.

* * * * *
    (b) * * * Federal funds provided under this subpart may not exceed 
70 percent of the total cost of the project, consistent with 
Sec. 921.81(e)(4) (``allowable costs''), except when the financial 
assistance is provided from amounts recovered as a result of damage to 
natural resources located in the coastal zone, in which case the 
assistance may be used to pay 100 percent of the costs.
* * * * *

PART 923--COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS

    9. The authority citation for part 923 is revised to read as 
follows:

    Authority: 16 U.S.C. 1451 et seq.; 31 U.S.C. 6506; 42 U.S.C. 
3334; Sections 923.92 and 923.94 are also issued under E.O. 12372, 
July 14, 1982, 3 CFR 1982 Comp. p. 197, as amended by E.O. 12416, 
April 8, 1983, 3 CFR 1983 Comp. p. 186.

    10. Section 923.121 is amended by adding a sentence at the end of 
paragraph (a) and revising paragraph (g) to read as follows:


Sec. 923.121   General.

    (a) * * * This subpart also allows use of section 309 funds for 
implementation of program changes for up to two fiscal years following 
the fiscal year in which a program change was approved.
* * * * *
    (g) Grants awarded under section 309 may be used:
    (1) To support up to 100 percent of the allowable costs of approved 
projects under section 309 of the CZMA, as amended; or
    (2) To implement program changes approved by the Secretary for up 
to two fiscal years following the fiscal year in which a program change 
was approved.
* * * * *
    11. Section 923.122 is amended by adding paragraph (b)(9) to read 
as follows:


Sec. 923.122   Objectives.

* * * * *
    (b) * * *
    (9) Adoption of procedures and policies to evaluate and facilitate 
the siting of public and private aquaculture facilities in the coastal 
zone, which will enable States to formulate, administer, and implement 
strategic plans for marine aquaculture.

PART 930--FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT 
PROGRAMS

    12. The authority citation for part 930 is revised to read as 
follows:

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


Sec. 930.130   [Amended]

    13. Section 930.130 is amended by removing paragraph (b) and 
redesignating paragraphs (c) and (d) as paragraphs (b) and (c) 
respectively.

[FR Doc. 97-6581 Filed 3-14-97; 8:45 am]
BILLING CODE 3510-08-M