33802 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Parts 923, 926, 927, 928, 932,

and 933

[Docket No. 960126015–6165–02]

RIN 0648–AI43

Coastal Zone Management Program

Regulations

AGENCY: Office of Ocean and Coastal

Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Final rule.

SUMMARY: The National Oceanic and

Atmospheric Administration (NOAA) is

revising and consolidating its

regulations concerning coastal zone

management (CZM) program

development, approval, grants and

evaluation, and removing obsolete rules

concerning research and technical

assistance. These regulations

implement, in part, the Coastal Zone

Management Act, as amended (CZMA).

The purpose of this rule is to remove

outdated provisions and to revise and

consolidate remaining provisions. The

intended effect of this rule is to make

the CZM program regulations more

concise and easier to use.

EFFECTIVE DATE: July 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Roger Eckert, NOAA Office of General

Counsel for Ocean Services, at 301–713–

2967 (ext. 213), fax: 301–713–4408, email: RBEckert@RDC.noaa.gov.

SUPPLEMENTARY INFORMATION:

I. Authority

This rule is issued under the authority

of the CZMA, 16 U.S.C. 1451 et seq.

II. Background

The CZMA was enacted to encourage

and assist the 35 eligible coastal states

and territories to develop and

implement CZM programs to preserve,

protect, develop and, where possible,

restore or enhance the resources of the

Nation’s coasts. In all, 29 coastal states

and territories have chosen to

participate in this program, and their

programs have received federal

approval. Five states are currently

developing programs for federal

approval. Many of the regulations

promulgated when the program began

are no longer needed, now that the

program has matured.

In March 1995, President Clinton

issued a directive to federal agencies

regarding their responsibilities under

his Regulatory Reform Initiative. This

initiative is part of the National

Performance Review and calls for

immediate, comprehensive regulatory

reform. The President directed all

agencies to review all of their

regulations, with an emphasis on

eliminating or modifying those that are

obsolete or otherwise in need of reform.

This rule is intended to carry out the

President’s directive with respect to the

regulations implementing the Coastal

Zone Management program.

On March 11, 1996 (61 FR 9745–

9762), the Office of Ocean and Coastal

Resource Management (OCRM)

proposed to revise and consolidate these

CZM regulations. Concurrent with the

issuance of the proposed regulations,

OCRM mailed draft guidance to coastal

states concerning the program change

regulations. OCRM received comments

on the proposed revision of the

regulations and/or draft program change

guidance from the states of:

Connecticut, Massachusetts, Michigan,

New Hampshire, Oregon, Pennsylvania

and Texas. These state comments

focused on the proposed revision of 15

CFR 923.80(d) (the definition of a

program amendment). OCRM will

evaluate the comments directed at the

draft guidance, and revise the guidance

as appropriate. The comments directed

at the proposed revision of the

regulations are addressed below. In

addition, OCRM will continue to

consider these comments in its

implementation of the CZMA and these

regulations.

OCRM also received comments from

the Federal Emergency Management

Agency (FEMA) directed at coastal

hazard mitigation efforts. Sections

303(2)(K) and 303(3) of the CZMA

identify the need to address the adverse

effects of coastal hazards, including

erosion, land subsidence and flooding.

While the regulations already identify

hazardous areas as areas of particular

concern (15 CFR 923.21(b)(7)), some

additional emphasis on coastal hazards

has been placed in § 923.25(a) and

§ 923.50(a)(5) to reflect the CZMA’s

policies. Coastal states may rely on

these interpretive statements when

submitting program changes concerning

coastal hazard mitigation efforts. In

addition, the regulation concerning plan

coordination (§ 923.56(b)(2)) has been

updated, consistent with FEMA’s

current planning authorities.

Accordingly, this final rule revises

and consolidates the CZM regulations as

follows:

A. Consolidates Regulations

The rule consolidates CZM program

regulations found in present 15 CFR

parts 923, 927, 928 and 932 into a

revised part 923. This consolidation is

expected to make the regulations easier

for coastal states, territories and the

public to use.

B. Removes Regulations Restating

Statutory Language

The rule removes those regulations in

15 CFR part 923 that simply restate

provisions contained in the Coastal

Zone Management Act. These

provisions are replaced, where

appropriate, with references to the

applicable sections of the CZMA.

Removal of these provisions is in

accordance with the rules of the Office

of the Federal Register which discourage

agencies from restating the language of

a law in a document intended for

publication in the Federal Register.

C. Removes Outdated Provisions and

Simplifies Remaining Provisions

The rule removes those regulations in

15 CFR part 923 that are no longer

necessary because the CZM program has

reached its maturity, and simplifies the

remaining provisions. Many of the more

detailed regulatory requirements are

removed. Since part 923 largely

addresses requirements for the

development and approval of coastal

management programs, many of these

changes do not apply to those states that

already have federally approved CZM

programs. For the eligible coastal states

that do not yet have approved programs,

OCRM will continue to provide

necessary guidance, and actual and

timely notice of appropriate application

procedures. In particular, OCRM will

continue to work with the 5 coastal

states currently developing programs in

order to ensure that those programs

meet the criteria for federal approval.

Finally, the rule removes 15 CFR part

933 because it implements a portion of

the CZMA that was repealed in 1986.

OCRM will provide guidance on a

corresponding technical assistance

provision that was added to the CZMA

in the Coastal Zone Act Reauthorization

Amendments of 1990.

D. Updates Program Change Regulations

The rule updates the program change

regulations so that they more precisely

reflect the structure of coastal

management programs. In particular, the

four criteria identified at 15 CFR

923.80(d)(1)–(4), by which program

changes are assessed by OCRM, are

replaced with a reference to the five

program approvability areas identified

in part 923: (1) uses subject to
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33803

management, (2) special management

areas, (3) boundaries, (4) authorities and

organization, and (5) coordination,

public involvement and national

interest. These criteria will apply when

states submit their proposed program

changes to OCRM for review and

approval; they are intended to assist in

OCRM’s evaluation of a program

change.

The revised definition of a program

amendment located at 15 CFR 923.80(d)

is intended to ease rather than increase

the administrative burden of states.

While the four criteria were an effort to

group the program approvability areas,

not all program changes fit squarely

within the four groups. The rule repeats

the headings of subparts B through F of

part 923, and so, tracks the program

approvability areas. In addition, states

may refer to these subparts for

assistance in their analysis of a program

change. Furthermore, states are no

longer required to address those

program areas that do not apply to their

proposed changes. Rather, the rule

allows states to discuss one or more of

the program areas that would be affected

by a change. Thus, the rule allows states

greater flexibility to provide a more

focused analysis. OCRM anticipates that

the great majority of program change

requests will continue to be routine

program changes, i.e., OCRM does not

anticipate that the revision will increase

the number of program changes that are

determined to be substantial in nature.

The element of 15 CFR 923.80(d)

relating to special management areas

has been simplified from ‘‘criteria or

procedures for designating or managing

areas [of] particular concern or areas for

preservation or restoration,’’ to the

heading for subpart C of part 923:

‘‘special management areas.’’ OCRM

does not anticipate that this revision

will increase the number of program

changes relating to special management

areas that will be determined to be

amendments. Specifically, the

elimination of the phrase ‘‘criteria or

procedures for designating or

managing’’ is not intended to broaden

the scope of this element. Conversely,

OCRM declines to reinsert this phrase

into 15 CFR 923.80(d) because, in

practice, this phrase has proven to be of

little utility to coastal states submitting

program changes in this category.

Rather, the test for an amendment to the

special management area portion of a

coastal management program remains

unchanged: the program change must be

substantial. In other words, under both

the old and the new language, whether

a change in this area of a state’s program

constitutes an amendment requires an

evaluation of whether the program

change is substantial.

The addition of ‘‘authorities’’ as a

partial fifth category in 15 CFR

923.80(d) is merely a restructuring of

the definition of program amendment.

Previously, the term ‘‘authorities’’ was

used at the outset of the definition of

program amendment, and proved to be

a source of confusion. Again, the test of

whether a change is substantial, and

therefore an amendment, remains

unchanged. Minor program changes,

including minor changes in authorities,

remain approvable through the routine

program change process.

The addition of an ‘‘organization’’

element to 15 CFR 923.80(d) clarifies

that federal approval of coastal

programs is indeed predicated, in part,

on whether the state is organized to

manage its coastal zone in an effective

manner. The prior four criteria

contained in § 923.80(d) did not assist

states in analyzing the impacts of

organizational changes, whereas the

revision explicitly addresses this area of

program approvability. Again, minor

program changes, including minor

organizational changes, remain

approvable through the routine program

change process.

The rule also adds explanatory

statements concerning the addition of

any enforceable policies to management

programs. These statements reflect

Congress’ increased focus on

enforceable policies in the Coastal Zone

Act Reauthorization Amendments of

1990. OCRM, federal agencies,

applicants for federal licenses or

permits, and often the state coastal

programs themselves, cannot always

identify the enforceable policies in a

program. OCRM recognizes that events

beyond a coastal management program’s

control can change the enforceability of

a policy. However, OCRM needs to

know just what is being changed at the

time of a program change, and federal

agencies and applicants should be

allowed to comment on the enforceable

policies submitted for incorporation.

To be sure, coastal management

programs allow for flexibility in state

coastal management efforts. Certain

changes in coastal management efforts

may not need OCRM approval because

they do not affect the federallyapproved program. In other words,

states structured their coastal

management programs with varying

levels of detail sufficient to ‘‘guide

public and private uses of lands and

waters in the coastal zone.’’ CZMA

section 304(12). Depending on the

nature of the particular state coastal

management program and the nature of

the management change, a state may

make minor adjustments in how it

manages the coastal zone without

necessarily changing its approved

coastal management program.

Alternatively, a state may determine

that a necessary change in its federallyapproved coastal management program

is so insignificant that it need not be

submitted to OCRM for review.

However, the expenditure of CZMA

funds is limited to those approved parts

of a state’s program (with an exception

identified in CZMA section

306(e)(3)(B)), as is the requirement of

federal consistency. In addition, this

regulatory revision does not change the

possibility that failure to submit

program changes for OCRM approval

may lead to adverse evaluation findings

(15 CFR 928.5(a)(3)(i)(G) has been

redesignated as 15 CFR

923.135(a)(3)(i)(G)). The routine

program change procedure is intended

to be an administratively efficient

means by which states may submit, on

a routine or periodic basis, insubstantial

program changes for OCRM review and

approval. OCRM shares the desire of

coastal states to minimize

administrative burdens and will work

cooperatively to achieve this goal.

Finally, the term ‘‘routine program

implementation’’ is changed to the more

descriptive term ‘‘routine program

change,’’ and existing agency practice

that allows for the resubmittal of routine

program change requests is codified.

III. Miscellaneous Rulemaking

Requirements

Executive Order 12372:

Intergovernmental Review

This program is subject to Executive

Order 12372.

Executive Order 12612: Federalism

Assessment

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.

Executive Order 12866: Regulatory

Planning and Review

This regulatory action is not

significant for purposes of Executive

Order 12866.

Regulatory Flexibility Act

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that the

rule will not have a significant impact

on a substantial number of small entities

because (1) the rule addresses CZM
33804 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

programs of coastal states and

territories, (2) those provisions that are

being removed, because they are

outdated or repeat statutory language,

are unnecessary for the development

and implementation of CZM programs,

and (3) the revision and consolidation of

remaining provisions will impose no

additional burden on small entities. In

particular, the update of the CZM

program change regulations will help

ensure the continued approvability of

CZM programs. Accordingly, a

Regulatory Flexibility Analysis was not

prepared.

Paperwork Reduction Act

The rule contains collection-ofinformation requirements subject to

review and approval by OMB under the

Paperwork Reduction Act (PRA). The

collection-of-information requirements

contained in this rule have been

approved under OMB 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

instructions, searching exiting data

sources, gathering and maintaining data

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 a 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.

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.

List of Subjects

15 CFR Parts 923, 928 and 932

Administrative practice and

procedure, Coastal zone, Grant

programs—Natural resources, Reporting

and recordkeeping requirements.

15 CFR Part 927

Administrative practice and

procedure, Coastal zone, Grant

programs—Natural resources.

15 CFR Part 933

Administrative practice and

procedure, Coastal zone, Grant

programs—Natural resources, Reporting

and recordkeeping requirements,

Research.

Dated: June 21, 1996.

David Evans,

Acting Deputy Assistant Administrator for

Ocean Services and Coastal Zone

Management.

For the reasons set out in the

Preamble, 15 CFR Chapter IX is

amended as follows:

1. The heading for Part 923 is revised

to read as follows:

PART 923—COASTAL ZONE

MANAGEMENT PROGRAM

REGULATIONS

2. The table of contents for Part 923

is revised to read as follows:

Subpart A—General

Sec.

923.1 Purpose and scope.

923.2 Definitions.

923.3 General requirements.

Subpart B—Uses Subject to Management

923.10 General.

923.11 Uses subject to management.

923.12 Uses of regional benefit.

923.13 Energy facility planning process.

Subpart C—Special Management Areas

923.20 General.

923.21 Areas of particular concern.

923.22 Areas for preservation or restoration.

923.23 Other areas of particular concern.

923.24 Shorefront access and protection

planning.

923.25 Shoreline erosion/mitigation

planning.

Subpart D—Boundaries

923.30 General.

923.31 Inland boundary.

923.32 Lakeward or seaward boundary.

923.33 Excluded lands.

923.34 Interstate boundary.

Subpart E—Authorities and Organization

923.40 General.

923.41 Identification of authorities.

923.42 State establishment of criteria and

standards for local implementation—

Technique A.

923.43 Direct State land and water use

planning and regulation—Technique B.

923.44 State review on a case-by-case basis

of actions affecting land and water uses

subject to the management program—

Technique C.

923.45 Air and water pollution control

requirements.

923.46 Organizational structure.

923.47 Designated State agency.

923.48 Documentation.

Subpart F—Coordination, Public

Involvement and National Interest

923.50 General.

923.51 Federal-State consultation.

923.52 Consideration of the national

interest in facilities.

923.53 Federal consistency procedures.

923.54 Mediation.

923.55 Full participation by State and local

governments, interested parties, and the

general public.

923.56 Plan coordination.

923.57 Continuing consultation.

923.58 Public hearings.

Subpart G—Review/Approval Procedures

923.60 Review/approval procedures.

Subpart H—Amendments to and

Termination of Approved Management

Programs

923.80 General.

923.81 Requests for amendments.

923.82 Amendment review/approval

procedures.

923.83 Mediation of amendments.

923.84 Routine program changes.

Subpart I—Applications for Program

Development of Implementation Grants

923.90 General.

923.91 State responsibility.

923.92 Allocation.

923.93 Eligible implementation costs.

923.94 Application for program

development or implementation grants.

923.95 Approval of applications.

923.96 Grant amendments.

Subpart J—Allocation of Section 306

Program Administration Grants

923.110 Allocation formula.

Subpart K—Coastal Zone Enhancement

Grants Program

923.121 General.

923.122 Objectives.

923.123 Definitions.

923.124 Allocation of section 309 funds.

923.125 Criteria for section 309 project

selection.

923.126 Pre-application procedures.

923.127 Formal application for financial

assistance and application review and

approval procedures.

923.128 Revisions to assessments and

strategies.

Subpart L—Review of Performance

923.131 General.

923.132 Definitions.

923.133 Procedure for conducting

continuing reviews of approved State

CZM programs.

923.134 Public participation.

923.135 Enforcement.

3. The authority for Part 923 is revised

to read as follows:

Authority: 16 U.S.C. 1452 et seq. 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; (31 U.S.C.

6506; 42 U.S.C. 3334).

4. Subpart J consisting of §§ 923.90

through 923.98 is removed, and

Subparts A through I of Part 923 are

revised to read as follows:
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33805

Subpart A—General

§ 923.1 Purpose and scope.

(a) The regulations in this part set

forth the requirements for State coastal

management program approval by the

Assistant Administrator for Ocean

Services and Coastal Zone Management

pursuant to the Coastal Zone

Management Act of 1972, as amended

(hereafter, the Act); the grant

application procedures for program

funds; conditions under which grants

may be terminated; and requirements

for review of approved management

programs.

(b) Sections 306 and 307 of the Act set

forth requirements which must be

fulfilled as a condition of program

approval. The specifics of these

requirements are set forth below under

the following headings: General

Requirements; Uses Subject to

Management; Special Management

Areas; Boundaries; Authorities and

Organization; and Coordination, Public

Involvement and National Interest. All

relevant sections of the Act are dealt

with under one of these groupings, but

not necessarily in the order in which

they appear in the Act.

(c) In summary, the requirements for

program approval are that a State

develop a management program that:

(1) Identifies and evaluates those

coastal resources recognized in the Act

as requiring management or protection

by the State;

(2) Reexamines existing policies or

develops new policies to manage these

resources. These policies must be

specific, comprehensive, and

enforceable;

(3) Determines specific use and

special geographic areas that are to be

subject to the management program,

based on the nature of identified coastal

concerns;

(4) Identifies the inland and seaward

areas subject to the management

program;

(5) Provides for the consideration of

the national interest in the planning for

and siting of facilities that meet more

than local requirements;

(6) Includes sufficient legal

authorities and organizational

arrangements to implement the program

and to ensure conformance to it. In

arriving at these elements of the

management program, States are obliged

to follow an open process which

involves providing information to and

considering the interests of the general

public, special interest groups, local

governments, and regional, State,

interstate, and Federal agencies;

(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; and

(9) 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.

§ 923.2 Definitions.

(a) The term Act means the Coastal

Zone Management Act of 1972, as

amended.

(b) The term Secretary means the

Secretary of Commerce and his/her

designee.

(c) The term Assistant Administrator

means the Assistant Administrator for

Ocean Services and Coastal Zone

Management, National Oceanic and

Atmospheric Administration (NOAA),

or designee.

(d)(1) The term relevant Federal

agencies means those Federal agencies

with programs, activities, projects,

regulatory, financing, or other assistance

responsibilities in the following fields

which could impact or affect a State’s

coastal zone:

(i) Energy production or transmission,

(ii) Recreation of a more than local

nature,

(iii) Transportation,

(iv) Production of food and fiber,

(v) Preservation of life and property,

(vi) National defense,

(vii) Historic, cultural, aesthetic, and

conservation values,

(viii) Mineral resources and

extraction, and

(ix) Pollution abatement and control.

(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; Federal

Emergency Management Agency.

(e) The term Federal agencies

principally affected means the same as

‘‘relevant Federal agencies.’’ The

Assistant Administrator may include

other agencies for purposes of reviewing

the management program and

environmental impact statement.

(f) The term Coastal State means a

State of the United States in, or

bordering on, the Atlantic, Pacific, or

Arctic Ocean, the Gulf of Mexico, Long

Island Sound, or one or more of the

Great Lakes. Pursuant to section 304(3)

of the Act, the term also includes Puerto

Rico, the Virgin Islands, Guam, and

American Samoa. Pursuant to section

703 of the Covenant to Establish a

Commonwealth of the Northern Mariana

Islands in Political Union with the

United States of America, the term also

includes the Northern Marianas.

(g) The term management program

includes, but is not limited to, a

comprehensive statement in words,

maps, illustrations, or other media of

communication, including an

articulation of enforceable policies and

citation of authorities providing this

enforceability, prepared and adopted by

the State in accordance with the

provisions of this Act and this part,

setting forth objectives, policies, and

standards to guide public and private

uses of lands and waters in the coastal

zone.

(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; and

(6) Water use.

(i) The term grant means a financial

assistance instrument and refers to both

grants and cooperative agreements.

§ 923.3 General requirements.

(a) The management program must be

developed and adopted in accordance

with the requirements of the Act and

this part, after notice, and the

opportunity for full participation by

relevant Federal and State agencies,

local governments, regional

organizations, port authorities, and

other interested parties and persons,

and be adequate to carry out the

purposes of the Act and be consistent

with the national policy set forth in

section 303 of the Act.

(b) 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 include

provisions 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.

(c) The management program must

contain a broad class of policies for each
33806 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

of the following areas: resource

protection, management of coastal

development, and simplification of

governmental processes. These three

broad classes must include specific

policies that provide the framework for

the exercise of various management

techniques and authorities governing

coastal resources, uses, and areas. The

three classes must include policies that

address uses of or impacts on wetlands

and floodplains within the State’s

coastal zone, and that minimize the

destruction, loss or degradation of

wetlands and preserve and enhance

their natural values in accordance with

the purposes of Executive Order 11990,

pertaining to wetlands. These policies

also must reduce risks of flood loss,

minimize the impact of floods on

human safety, health and welfare, and

preserve the natural, beneficial values

served by floodplains, in accordance

with the purposes of Executive Order

11988, pertaining to floodplains.

(d) The policies in the program must

be appropriate to the nature and degree

of management needed for uses, areas,

and resources identified as subject to

the program.

(e) The policies, standards, objectives,

criteria, and procedures by which

program decisions will be made must

provide:

(1) A clear understanding of the

content of the program, especially in

identifying who will be affected by the

program and how, and

(2) A clear sense of direction and

predictability for decisionmakers who

must take actions pursuant to or

consistent with the management

program.

Subpart B—Uses Subject to

Management

§ 923.10 General.

This subpart sets forth the

requirements for management program

approvability with respect to 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. This subpart

deals in full with the following

subsections of the Act: 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.

§ 923.11 Uses subject to management.

(a) (1) 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.

(2) The management program must

identify those land and water uses that

will be subject to the terms of the

management program. 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.

(3) The management program must

explain how those uses identified in

paragraph (a)(2) of this section will be

managed. The management program

must also contain those enforceable

policies, legal authorities, performance

standards or other techniques or

procedures that will govern whether

and how uses will be allowed,

conditioned, modified, encouraged or

prohibited.

(b) In identifying uses and their

appropriate management, a State should

analyze the quality, location,

distribution and demand for the natural

and man-made resources of their coastal

zone, and should consider potential

individual and cumulative impacts of

uses on coastal waters.

(c) States should utilize the following

types of analyses:

(1) Capability and suitability of

resources to support existing or

projected uses;

(2) Environmental impacts on coastal

resources;

(3) Compatibility of various uses with

adjacent uses or resources;

(4) Evaluation of inland and other

location alternatives; and

(5) Water dependency of various uses

and other social and economic

considerations.

(d) Examination of the following

factors is suggested:

(1) Air and water quality;

(2) Historic, cultural and esthetic

resources where coastal development is

likely to affect these resources;

(3) Open space or recreational uses of

the shoreline where increased access to

the shorefront is a particularly

important concern;

(4) Floral and faunal communities

where loss of living marine resources or

threats to endangered or threatened

coastal species are particularly

important concerns.

(5) 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.

§ 923.12 Uses of regional benefit.

The management program must

contain 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.

To this end, the management program

must:

(a) Identify what constitutes uses of

regional benefit; and

(5) Identify and utilize any one or a

combination of methods, consistent

with the control techniques employed

by the State, to assure local land and

water use regulations do not

unreasonably restrict or exclude uses of

regional benefit.

§ 923.13 Energy facility planning process.

The management program must

contain 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.

(See subsection 304(5) of the Act.) This

process must contain the following

elements:

(a) Identification of energy facilities

which are likely to locate in, or which

may significantly affect, a State’s coastal

zone;

(5) Procedures for assessing the

suitability of sites for such facilities

designed to evaluate, to the extent

practicable, the costs and benefits of

proposed and alternative sites in terms

of State and national interests as well as

local concerns;

(c) Articulation and identification of

enforceable State policies, authorities

and techniques for managing energy

facilities and their impacts; and

(d) Identification of how interested

and affected public and private parties

will be involved in the planning

process.

Subpart C—Special Management

Areas

§ 923.20 General.

(a) This subpart sets forth the

requirements for management program

approvability with respect to areas of

particular concern because of their

coastal-related values or characteristics,

or because they may face pressures

which require detailed attention beyond

the general planning and regulatory

system which is part of the management

program. As a result, these areas require

special management attention within

the terms of the State’s overall coastal

program. This special management may

include regulatory or permit

requirements applicable only to the area

of particular concern. It also may

include increased intergovernmental

coordination, technical, assistance,
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33807

enhanced public expenditures, or

additional public services and

maintenance to a designated area. 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.

(b) The importance of designating

areas of particular concern for

management purposes and the number

and type of areas that should be

designated is directly related to the

degree of comprehensive controls

applied throughout a State’s coastal

zone. Where a State’s general coastal

management policies and authorities

address state and national concerns

comprehensively and are specific with

respect to particular resources and uses,

relatively less emphasis need be placed

on designation of areas of particular

concern. Where these policies are

limited and non-specific, greater

emphasis should be placed on areas of

particular concern to assure effective

management and an adequate degree of

program specificity.

§ 923.21 Areas of particular concern.

(a) The management program must

include an inventory and designation of

areas of particular concern within the

coastal zone, on a generic and/or sitespecific basis, and broad guidelines on

priorities of uses in particular areas,

including specifically those uses of

lowest priority.

(b) In developing criteria for

inventorying and designating areas of

particular concern. States must consider

whether the following represent areas of

concern requiring special management:

(1) Areas of unique, scarce, fragile or

vulnerable natural habitat; unique or

fragile, physical, figuration (as, for

example, Niagara Falls); historical

significance, cultural value or scenic

importance (including resources on or

determined to be eligible for the

National Register of Historic Places.);

(2) Areas of high natural productivity

or essential habitat for living resources,

including fish, wildlife, and endangered

species and the various trophic levels in

the food web critical to their well-being;

(3) Areas of substantial recreational

value and/or opportunity;

(4) Areas where developments and

facilities are dependent upon the

utilization of, or access to, coastal

waters;

(5) Areas of unique hydrologic,

geologic or topographic significance for

industrial or commercial development

or for dredge spoil disposal;

(6) Areas or urban concentration

where shoreline utilization and water

uses are highly competitive;

(7) 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;

(8) Areas needed to protect, maintain

or replenish coastal lands or resources

including coastal flood plains, aquifers

and their recharge areas, estuaries, sand

dunes, coral and other reefs, beaches,

offshore sand deposits and mangrove

stands.

(c) Where states will involve local

governments, other state agencies,

federal agencies and/or the public in the

process of designating areas of

particular concern, States must provide

guidelines to those who will be

involved in the designation process.

These guidelines shall contain the

purposes, criteria, and procedures for

nominating areas of particular concern.

(d) In identifying areas of concern by

location (if site specific) or category of

coastal resources (if generic), the

program must contain sufficient detail

to enable affected landowners,

governmental entities and the public to

determine with reasonable certainty

whether a given area is designated.

(e) In identifying areas of concern, the

program must describe the nature of the

concern and the basis on which

designations were made.

(f) The management program must

describe how the management program

addresses and resolves the concerns for

which areas are designated; and

(g) The management program must

provide guidelines regarding priorities

of uses in these areas, including

guidelines on uses of lowest priority.

§ 923.22 Areas for preservation or

restoration.

The management program must

include procedures whereby specific

areas may be designated for the purpose

of preserving or restoring them for their

conservation, recreational, ecological,

historical or esthetic values, and the

criteria for such designations.

§ 923.23 Other areas of particular concern.

(a) The management program may,

but is not required to, designate specific

areas known to require additional or

special management, but for which

additional management techniques have

not been developed or necessary

authorities have not been established at

the time of program approval. If a

management program includes such

designations, the basis for designation

must be clearly stated, and a reasonable

time frame and procedures must be set

forth for developing and implementing

appropriate management techniques.

These procedures must provide for the

development of those items required in

§ 923.21. The management program

must identify an agency (or agencies)

capable of formulating the necessary

management policies and techniques.

(b) The management program must

meet the requirements of § 923.22 for

containing procedures for designating

areas for preservation or restoration. The

management program may include

procedures and criteria for designating

areas of particular concern for other

than preservation or restoration

purposes after program approval.

§ 923.24 Shorefront access and protection

planning.

(a) The management program must

include 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.

(b) The basic purpose in focusing

special planning attention on shorefront

access and protection is to provide

public beaches and other public coastal

areas of environmental, recreational,

historic, esthetic, ecological or cultural

value with special management

attention within the purview of the

State’s management program. This

special management attention may be

achieved by designating public

shorefront areas requiring additional

access or protection as areas of

particular concern pursuant to § 923.21

or areas for preservation or restoration

pursuant to § 923.22.

(c) The management program must

contain a procedure for assessing public

beaches and other public areas,

including State owned lands, tidelands

and bottom lands, which require access

or protection, and a description of

appropriate types of access and

protection.

(d) The management program must

contain a definition of the term ‘‘beach’’

that is the broadest definition allowable

under state law or constitutional

provisions, and an identification of

public areas meeting that definition.

(e) The management program must

contain an identification and

description of enforceable policies, legal

authorities, funding program and other

techniques that will be used to provide

such shorefront access and protection

that the State’s planning process

indicates is necessary.
33808 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

§ 923.25 Shoreline erosion/mitigation

planning.

(a) The management program must

include a planning process for assessing

the effects of, and studying and

evaluating ways to control, or lessen the

impact of, shoreline erosion, including

potential impacts of sea level rise, and

to restore areas adversely affected by

such erosion. this planning process may

be within the broader context of coastal

hazard mitigation planning.

(b) The basic purpose in developing

this planning process is to give special

attention to erosion issues. This special

management attention may be achieved

by designating erosion areas as areas of

particular concern pursuant to § 923.21

or as areas for preservation or

restoration pursuant to § 923.22.

(c) The management program must

include 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

§ 923.30 General.

This subpart sets forth the

requirements for management program

approvability with respect to boundaries

of the coastal zone. There are four

elements to a State’s boundary: the

inland boundary, the seaward boundary,

areas excluded from the boundary, and,

in most cases, interstate boundaries.

Specific requirements with respect to

procedures for determining and

identifying these boundary elements are

discussed in the sections of this subpart

that follow.

§ 923.31 Inland boundary.

(a) The inland boundary of a State’s

coastal zone must include:

(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.

(2) Those special management areas

identified pursuant to § 923.21;

(3) Waters under saline influencewaters containing a significant quantity

of seawater, as defined by and

uniformly applied by the State;

(4) Salt marshes and wetlands-Areas

subject to regular inundation of tidal

salt (or Great Lakes) waters which

contain marsh flora typical of the

region;

(5) Beaches-The area affected by wave

action directly from the sea. Examples

are sandy beaches and rocky areas

usually to the vegetation line;

(6) Transitional and intertidal areasAreas subject to coastal storm surge, and

areas containing vegetation that is salt

tolerant and survives because of

conditions associated with proximity to

coastal waters. Transitional and

intertidal areas also include dunes and

rocky shores to the point of upland

vegetation;

(7) Islands-Bodies of land surrounded

by water on all sides. Islands must be

included in their entirety, except when

uses of interior portions of islands do

not cause direct and significant impacts.

(8) The inland boundary must be

presented in a manner that is clear and

exact enough to permit determination of

whether property or an activity is

located within the management area.

States must be able to advise interested

parties whether they are subject to the

terms of the management program

within, at a maximum, 30 days of

receipt of an inquiry. An inland coastal

zone boundary defined in terms of

political jurisdiction (e.g., county,

township or municipal lines) cultural

features (e.g., highways, railroads),

planning areas (e.g., regional agency

jurisdictions, census enumeration

districts), or a uniform setback line is

acceptable so long as it includes the

areas indentified.

(b) The inland boundary of a State’s

coastal zone may include:

(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.

(3) Indian lands not held in trust by

the Federal Government.

(c) In many urban areas or where the

shoreline has been modified

extensively, natural system

relationships between land and water

may be extremely difficult, if not,

impossible, to define in terms of direct

and significant impacts. Two activities

that States should consider as causing

direct and significant impacts on coastal

waters in urban areas are sewage

discharges and urban runoff. In

addition, States should consider

dependency of uses on water access and

visual relationships as factors

appropriate for the determination of the

inland boundary in highly urbanized

areas.

§ 923.32 Lakeward or seaward boundary.

(a) (1) For states adjoining the Great

Lakes, the lakeward boundary of the

State’s coastal zone is the international

boundary with Canada or the

boundaries with adjacent states. For

states adjacent to the Atlantic or Pacific

Ocean, or the Gulf of Mexico, 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).

(2) The requirement for defining the

seaward boundary of a State’s coastal

zone can be met by a simple restatement

of the limits defined in this section,

unless there are water areas which

require a more exact delineation

because of site specific policies

associated with these areas. Where

States have site specific policies for

particular water areas, these shall be

mapped, described or referenced so that

their location can be determined

reasonably easily by any party affected

by the policies.

(b) The seaward limits, as defined in

this section, are for purposes of this

program only and represent the area

within which the State’s management

program may be authorized and

financed. These limits are irrespective

of any other claims States may have by

virtue of other laws.

§ 923.33 Excluded lands.

(a) The boundary of a State’s coastal

zone must exclude lands owned, leased,

held in trust or whose use is otherwise

by law subject solely to the discretion of

the Federal Government, its officers or

agents. To meet this requirement, the

program must describe, list or map

lands or types of lands owned, leased,

held in trust or otherwise used solely by

Federal agencies.

(b) 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. In excluding

Federal lands from a State’s coastal zone
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33809

for the purposes of this Act, a State does

not impair any rights or authorities that

it may have over Federal lands that exist

separate from this program.

§ 923.34 Interstate boundary.

States must document that there has

been consultation and coordination

with adjoining coastal States regarding

delineation of any adjacent inland and

lateral seaward boundary.

Subpart E—Authorities and

Organization

§ 923.40 General.

(a) This subpart sets forth the

requirements for management program

approvability with respect to authorities

and organization. The authorities and

organizational structure on which a

State will rely to administer its

management program are the crucial

underpinnings for enforcing the policies

which guide the management of the

uses and areas identified in its

management program. There is a direct

relationship between the adequacy of

authorities and the adequacy of the

overall program. The authorities need to

be broad enough in both geographic

scope and subject matter to ensure

implementation of the State’s

enforceable policies. These enforceable

policies must be sufficiently

comprehensive and specific to regulate

land and water uses, control

development, and resolve conflicts

among competing uses in order to

assure wise use of the coastal zone.

(Issues relating to the adequate scope of

the program are dealt with in § 923.3.)

(b) The entity or entities which will

exercise the program’s authorities is a

matter of State determination. 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. The

major approval criterion is a

determination that such entity or

entities are required to exercise their

authorities in conformance with the

policies of the management program.

Accordingly, the essential requirement

is that the State demonstrate that there

is a means of ensuring such compliance.

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) of the Act are described in

§ § 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.

(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.

§ 923.41 Identification of authorities.

(a) (1) The management program must

identify the means by which the state

proposes to exert control over the

permissible land uses and water uses

within the coastal zone which have a

direct and significant impact on the

coastal waters, including a listing of

relevant state constitutional provisions,

laws, regulations, and judicial

decisions. These are the means by

which the state will enforce its coastal

management policies. (See section

304(6a) of the Act.)

(2) The state chosen agency or

agencies (including local governments,

area-wide agencies, regional agencies, or

interstate agencies) must have the

authority for the management of the

coastal zone. Such authority includes

the following powers:

(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) In order to meet these

requirements, the program must 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,

including the authorities pursuant to

sections 306(d)(10) and 306(d)(11) of the

Act which require a state to have the

ability to:

(1) Administer land and water use

regulations in conformance with the

policies of the management program;

(2) Control such development as is

necessary to ensure compliance with the

management program;

(3) Resolve conflicts among

competing uses; and

(4) Acquire appropriate interest in

lands, waters or other property as

necessary to achieve management

objectives. Where acquisition will be a

necessary technique for accomplishing

particular program policies and

objectives, the management program

must indicate for what purpose

acquisition will be used (i.e., what

policies or objectives will be

accomplished); the type of acquisition

(e.g., fee simple, purchase of easements,

condemnation); and what agency (or

agencies) of government have the

authority for the specified type of

acquisition.

§ 923.42 State establishment of criteria

and standards for local implementationTechnique A.

(a) The management program must

provide for any one or a combination of

general techniques specified in

subsection 306(d)(11) of the Act for

control of land uses and water uses

within the coastal zone. The first such

control technique, at subsection

306(d)(11)(A) of the Act, is state

establishment of criteria and standards

for local implementation, subject to

administrative review and enforcement

(control technique A).

(b) There are 5 principal requirements

that control technique A must embody

in order to be approved:

(1) The State must have developed

and have in effect at the time of program

approval enforceable policies that meet

the requirements of § 923.3. These

policies must serve as the standards and

criteria for local program development

or the State must have separate

standards and criteria, related to these

enforceable policies, that will guide

local program development.

(2) During the period while local

programs are being developed, a State

must have sufficient authority to assure

that land and water use decisions

subject to the management program will

comply with the program’s enforceable

policies. The adequacy of these

authorities will be judged on the same

basis as specified for direct State

controls or case-by-case reviews.

(3) A State must be able to ensure that

coastal programs will be developed

pursuant to the State’s standards and

criteria, or failing this, that the

management program can be

implemented directly by the State. This

requirement can be met if a State can

exercise any one of the following

techniques:
33810 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

(i) Direct State enforcement of its

standards and criteria in which case a

State would need to meet the

requirements of this section which

address the direct State control

technique;

(ii) Preparation of a local program by

a State agency which the local

government then would implement. To

use this technique the State must have

statutory authority to prepare and adopt

a program for a local government, and

a mechanism by which the State can

cause the local government to enforce

the State-created program. Where the

mechanism to assure local enforcement

will be judicial relief, the program must

include the authority under which

judicial relief can be sought;

(iii) State preparation and

enforcement of a program on behalf of

a local government. Here the State must

have the authority to:

(A) Prepare and adopt a plan,

regulations, and ordinances for the local

government and

(B) Enforce such plans, regulations

and ordinances;

(iv) State review of local government

actions on a case-by-case basis or on

appeal, and prevention of actions

inconsistent with the standards and

criteria. Under this technique, when a

local government fails to adopt an

approvable program, the State must

have the ability to review activities in

the coastal zone subject to the

management program and the power to

prohibit, modify or condition those

activities based on the policies,

standards and criteria of the

management program; or

(v) If a locality fails to adopt a

management program, the State may

utilize a procedure whereby the

responsibility for preparing a program

shifts to an intermediate level

government, such as a county. If this

intermediate level of government fails to

produce a program, then the State must

have the ability to take one of the

actions described above. This

alternative cannot be used where the

intermediate level of government lacks

the legal authority to adopt and

implement regulations necessary to

implement State policies, standards and

criteria.

(4) A State must have a procedure

whereby it reviews and certifies the

local program’s compliance with State

standards and criteria. This procedure

must include provisions for:

(i) Opportunity for the public and

governmental entities (including

Federal agencies) to participate in the

development of local programs; and

(ii) Opportunity for the public and

governmental entities (including

Federal agencies) to make their views

known (through public hearings or other

means) to the State agency prior to

approval of local programs; and

(iii) Review by the State of the

adequacy of local programs

consideration of facilities identified in a

State’s management program in which

there is a national interest.

(5) A State must be able to assure

implementation and enforcement of a

local program once approved. To

accomplish this a State must:

(i) Establish a monitoring system

which defines what constitutes and

detects patterns of non-compliance. In

the case of uses of regional benefit and

facilities in which there is a national

interest, the monitoring system must be

capable of detecting single instances of

local actions affecting such uses or

facilities in a manner contrary to the

management program.

(ii) Be capable of assuring compliance

when a pattern of deviation is detected

or when a facility involving identified

national interests or a use of regional

benefit is affected in a manner contrary

to the program’s policies. When State

action is required because of failure by

a local government to enforce its

program, the State must be able to do

one or a combination of the following:

(A) Directly enforce the entire local

program;

(B) Directly enforce that portion of the

local program that is being enforced

improperly. State intervention would be

necessary only in those local

government activities that are violating

the policies, standards or criteria.

(C) Seek judicial relief against local

government for failure to properly

enforce;

(D) Review local government actions

on a case-by-case basis or on appeal and

have the power to prevent those actions

inconsistent with the policies and

standards.

(E) Provide a procedure whereby the

responsibility for enforcing a program

shifts to an intermediate level of

government, assuming statutory

authority exists to enable the immediate

of government to assume this

responsibility.

§ 923.43 Direct State land and water use

planning and regulation- Technique B.

(a) The management program must

provide for any one or a combination of

general techniques specified in

subsection 306(d)(11) of the Act for

control of land and water uses within

the coastal zone. The second such

control technique, at subsection

306(d)(11)(B) of the Act, is direct state

land and water use planning and

regulation (control technique B).

(b) To have control technique B

approved, the State must have the

requisite direct authority to plan and

regulate land and water uses subject to

the management program. This

authority can take the form of:

(1) Comprehensive legislation—A

single piece of comprehensive

legislation specific to coastal

management and the requirements of

this Act.

(2) Networking—The utilization of

authorities which are compatible with

and applied on the basis of coastal

management policies developed

pursuant to § 923.3.

(c) In order to apply the networking

concept, the State must:

(1) Demonstrate that, taken together,

existing authorities can and will be used

to implement the full range of policies

and management techniques identified

as necessary for coastal management

purposes; and

(2) Bind each party which exercises

statutory authority that is part of the

management program to conformance

with relevant enforceable policies and

management techniques. Parties may be

bound to conformance through an

executive order, administrative directive

or a memorandum of understanding

provided that:

(i) The management program

authorities provide grounds for taking

action to ensure compliance of

networked agencies with the program. 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.

(ii) The executive order,

administrative directive or

memorandum of understanding

establishes conformance requirements

of other State agency activities or

authorities to management program

policies. A gubernatorial executive

order will be acceptable if networked

State agency heads are directly

responsible to the Governor.

(3) Where networked State agencies

can enforce the management program

policies at the time of section 306

approval without first having to revise

their operating rules and regulations,

then any proposed revisions to such

rules and regulations which would

enhance or facilitate implementation

need not be accomplished prior to

program approval. Where State agencies

cannot enforce coastal policies without

first revising their rules and regulations,

then these revisions must be made prior

to approval of the State’s program by the

Assistant Administrator.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33811

§ 923.44 State review on a case-by-case

basis of actions affecting land and water

uses subject to the management programTechnique C.

(a) The management program must

provide for any one or a combination of

general techniques specified in

subsection 306(d)(11) of the Act for

control of land and water uses within

the coastal zone. The third such control

technique, at subsection 306(d)(11)(C) of

the Act, 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 (control technique C).

(b) Under case-by-case review, States

have the power to review individual

development plans, projects or land and

water use regulations (including

variances and exceptions thereto)

proposed by any State or local authority

or private developer which have been

identified in the management program

as being subject to review for

consistency with the management

program. This control technique

requires the greatest degree of policy

specificity because compliance with the

program will not require any prior

actions on the part of anyone affected by

the program. Specificity also is needed

to avoid challenges that decisions (made

pursuant to the management program)

are unfounded, arbitrary or capricious.

(c) To have control technique C

approved, a State must:

(1) Identify the plans, projects or

regulations subject to review, based on

their significance in terms of impacts on

coastal resources, potential for

incompatibility with the State’s coastal

management program, and having

greater than local significance;

(2) Identify the State agency that will

conduct this review;

(3) Include the criteria by which

identified plans, projects and

regulations will be approved or

disapproved;

(4) Have the power to approve or

disapprove identified plans, projects or

regulations that are inconsistent with

the management program, or the power

to seek court review thereof; and

(5) Provide public notice of reviews

and the opportunity for public hearing

prior to rendering a decision on each

case-by-case review.

§ 923.45 Air and water pollution control

requirements.

The program must incorporate, by

reference or otherwise, all requirements

established by the Federal Water

Pollution Control Act, as amended

(Clean Water Act or CWA), or the Clean

Air Act, as amended (CAA), or

established by the Federal Government

or by any state or local government

pursuant to such Acts. Such

requirements must be the water

pollution control and air pollution

control requirements applicable to such

program. Incorporation of the air and

water quality requirements pursuant to

the CWA and CAA should involve their

consideration during program

development, especially with respect to

use determinations and designation of

areas for special management. In

addition, this incorporation will prove

to be more meaningful if close

coordination and working relationships

between the State agency and the air

and water quality agencies are

developed and maintained throughout

the program development process and

after program approval.

§ 923.46 Organizational structure.

The State must be organized to

implement the management program.

The management program 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).

The management program must also

describe the relationship of these

administering agencies to the state

agency designated pursuant to

subsection 306(d)(6) of the Act.

§ 923.47 Designated State agency.

(a) For program approval, the

Governor of the state must designate a

single state agency to receive and

administer the grants for implementing

the management program.

(1) This entity must have the fiscal

and legal capability to accept and

administer grant funds, to make

contracts or other arrangements (such as

passthrough grants) with participating

agencies for the purpose of carrying out

specific management tasks and to

account for the expenditure of the

implementation funds of any recipient

of such monies, and

(2) This entity must have the

administrative capability to monitor and

evaluate the management of the State’s

coastal resources by the various

agencies and/or local governments with

specified responsibilities under the

management program (irrespective of

whether such entities receive section

306 funds); to make periodic reports to

the Office of Ocean and Coastal

Resource Management (OCRM), the

Governor, or the State legislature, as

appropriate, regarding the performance

of all agencies involved in the program.

The entity also must be capable of

presenting evidence of adherence to the

management program or justification for

deviation as part of the review by OCRM

of State performance required by section

312 of the Act.

(b) (1) The 306 agency designation is

designed to establish a single point of

accountability for prudent use of

administrative funds in the furtherance

of the management and for monitoring

of management activities. Designation

does not imply that this single agency

need be a ‘‘super agency’’ or the

principal implementation vehicle. It is,

however, the focal point for proper

administration and evaluation of the

State’s program and the entity to which

OCRM will look when monitoring and

reevaluating a State’s program during

program implementation.

(2) The requirement for the single

designated agency should not be viewed

as confining or otherwise limiting the

role and responsibilities which may be

assigned to this agency. It is up to the

State to decide in what manner and to

what extent the designated State agency

will be involved in actual program

implementation or enforcement. In

determining the extent to which this

agency should be involved in program

implementation or enforcement, specific

factors should be considered, such as

the manner in which local and regional

authorities are involved in program

implementation, the administrative

structure of the State, the authorities to

be relied upon and the agencies

administering such authorities. Because

the designated State agency may be

viewed as the best vehicle for increasing

the unity and efficiency of a

management program, the State may

want to consider the following in

selecting which agency to designate:

(i) Whether the designated State entity

has a legislative mandate to coordinate

other State or local programs, plans and/

or policies within the coastal zone;

(ii) To what extent linkages already

exist between the entity, other agencies,

and local governments;

(iii) To what extent management or

regulatory authorities affecting the

coastal zone presently are administered

by the agency; and

(iv) Whether the agency is equipped

to handle monitoring, evaluation and

enforcement responsibilities.
33812 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

§ 923.48 Documentation.

A transmittal letter signed by the

Governor is required for the submission

of a management program for federal

approval. The letter must state that the

Governor:

(a) Has reviewed and approved as

State policy, the management program,

and any changes thereto, submitted for

the approval of the Assistant

Administrator.

(b) Has designated a single State

agency to receive and administer

implementation grants;

(c) Attests to the fact that the State has

the authorities necessary to implement

the management program; and

(d) Attests to the fact that the State is

organized to implement the

management program.

Subpart F—Coordination, Public

Involvement and National Interest

§ 923.50 General.

(a) Coordination with governmental

agencies having interests and

responsibilities affecting the coastal

zone, and involvement of interest

groups as well as the general public is

essential to the development and

administration of State coastal

management programs. The

coordination requirements of this

subpart are intended to achieve a proper

balancing of diverse interests in the

coastal zone. The policies of section 303

of the Act require that there be a

balancing of variety, sometimes

conflicting, interests, including:

(1) The preservation, protection,

development and, where possible, the

restoration or enhancement of coastal

resources;

(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 coastal hazards, including erosion,

flooding, land subsidence and sea level

rise.

(b) In order to be meaningful,

coordination with and participation by

various units and levels of government

including regional commissions,

interest groups, and the general public

should begin early in the process of

program development and should

continue throughout on a timely basis to

assure that such efforts will result in

substantive inputs into a State’s

management program. State efforts

should be devoted not only to obtaining

information necessary for developing

the management program but also to

obtaining reactions and

recommendations regarding the content

of the management program and to

responding to concerns by interested

parties. The requirements for

intergovernmental cooperation and

public participation continue after

program approval.

(c) This subpart deals with

requirements for coordination with

governmental entities, interest groups

and the general public to assure that

their interests are fully expressed and

considered during the program

development process and that

procedures are created to insure

continued consideration of their views

during program implementation. In

addition, this subpart deals with

mediation procedures for serious

disagreements between States and

Federal agencies that occur during

program development and

implementation. 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.

§ 923.51 Federal-State consultation.

(a) The management program must be

developed and adopted with the

opportunity of full participation by

relevant Federal agencies and with

adequate consideration of the views of

Federal agencies principally affected by

such program.

(b) By providing relevant Federal

agencies with the opportunity for full

participation during program

development and for adequately

considering the views of such agencies,

States can effectuate the Federal

consistency provisions of subsections

307 (c) and (d) of the Act once their

programs are approved. (See 15 CFR

part 930 for a full discussion of the

Federal consistency provisions of the

Act.)

(c) In addition to the consideration of

relevant Federal agency views required

during program development, Federal

agencies have the opportunity to

provide further comment during the

program review and approval process.

(See subpart G for details on this

process.) Moreover, in the event of a

serious disagreement between a relevant

Federal agency and designated State

agency during program development or

during program implementation, the

mediation provisions of subsection

307(h) of the Act are available. (See

§ 923.54 for details on mediation.)

(d) In order to provide an opportunity

for participation by relevant Federal

agencies and give adequate

consideration to their views, each state

must:

(1) Contact each relevant Federal

Agency listed in § 923.2(d) and such

other Federal agencies as may be

relevant, owing to a State’s particular

circumstances, early in the development

of its management program. The

purpose of such contact is to develop

mutual arrangements or understandings

regarding that agency’s participation

during program development;

(2) Provide for Federal agency input

on a timely basis as the program is

developed. Such input shall be related

both to information required to develop

the management program and to

evaluation of and recommendations

concerning various elements of the

management program;

(3) Solicit statements from the head of

Federal agencies identified in Table 1 of

§ 923.52(c)(1) as to their interpretation

of the national interest in the planning

for and siting of facilities which are

more than local in nature;

(4) Summarize the nature, frequency,

and timing of contacts with relevant

Federal agencies;

(5) Evaluate Federal comments

received during the program

development process and, where

appropriate in the opinion of the State,

accommodate the substance of pertinent

comments in the management program.

States must consider and evaluate

relevant Federal agency views or

comments about the following:

(i) Management of coastal resources

for preservation, conservation,

development, enhancement or

restoration purposes;

(ii) Statements of the national interest

in the planning for or siting of facilities

which are more than local in nature;

(iii) Uses which are subject to the

management program;

(iv) Areas which are of particular

concern to the management program;

(v) Boundary determinations;

(vi) Shorefront access and protecting

planning, energy facility planning and

erosion planning processes; and

(vii) Federally developed or assisted

plans that must be coordinated with the

management program pursuant to

subsection 306(d)(3) of the Act.
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33813

(6) Indicate the nature of major

comments by Federal agencies provided

during program development (either by

including copies of comments or by

summarizing comments) and discuss

any major differences or conflicts

between the management program and

Federal views that have not been

resolved at the time of program

submission.

§ 923.52 Consideration of the national

interest in facilities.

(a) The management program must

provide 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 State must

have considered any applicable national

or interstate energy plan or program.

(b) The primary purpose of this

requirement is to assure adequate

consideration by States of the national

interest involved in the planning for and

siting of facilities (which are necessary

to meet other than local requirements)

during:

(1) The development of the State’s

management program,

(2) The review and approval of the

program by the Assistant Administrator,

and

(3) The implementation of the

program as such facilities are proposed.

(c) In order to fulfill this requirement,

States must:

(1) Describe the national interest in

the planning for and siting of facilities

considered during program

development.

(2) Indicate the sources relied upon

for a description of the national interest

in the planning for and siting of the

facilities.

(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.

(4) Describe the process for continued

consideration of the national interest in

the planning for and siting of facilities

during program implementation,

including a clear and detailed

description of the administrative

procedures and decisions points where

such interest will be considered.

§ 923.53 Federal consistency procedures.

(a) A State must include in its

management program submission, as

part of the body of the submission an

appendix or an attachment, the

procedures it will use to implement the

Federal consistency requirements of

subsections 307 (c) and (d) of the Act.

At a minimum, the following must be

included:

(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);

(2) A list of Federal license and

permit activities that will be subject to

review (see 15 CFR 930.53);

(3) For States anticipating coastal

zone effects from Outer Continental

Shelf (OCS) activities, the license and

permit list also must include OCS plans

which describe in detail Federal license

and permit activities (see 15 CFR

930.74); and

(4) The public notice procedures to be

used for certifications submitted for

Federal License and permit activities

and, where appropriate, for OCS plans

(see 15 CFR 930.61 through 930.62 and

930.78).

(b) Beyond the minimum

requirements contained in paragraph (a)

of this section, States have the option of

including:

(1) A list of Federal activities,

including development projects, which

in the opinion of the State agency are

likely to significantly affect the coastal

zone and thereby will require a Federal

agency consistency determination (see

15 CFR 930.35); and

(2) A description of the types of

information and data necessary to assess

the consistency of Federal license and

permit activities and, where

appropriate, those described in detail in

OCS plans (see 15 CFR 930.56 and

930.75).

§ 923.54 Mediation.

(a) Section 307(h) of the Act provides

for mediation of serious disagreement

between any Federal agency and a

coastal state in the development and

implementation of a management

program. In certain cases, mediation by

the Secretary, with the assistance of the

Executive Office of the President, may

be an appropriate forum for conflict

resolution.

(b) State-Federal differences should be

addressed initially by the parties

involved. Whenever a serious

disagreement cannot be resolved

between the parties concerned, either

party may request the informal

assistance of the Assistant

Administrator in resolving the

disagreement. This request shall be in

writing, stating the points of

disagreement and the reason therefore.

A copy of the request shall be sent to the

other party to the disagreement.

(c) 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.

(d) Secretarial mediation efforts shall

last only so long as the parties agree to

participate. The Secretary shall confer

with the Executive Office of the

President, as necessary, during the

mediation process.

(e) Mediation shall terminate:

(1) At any time the parties agree to a

resolution of the serious disagreement,

(2) If one of the parties withdraws

from mediation,

(3) In the event the parties fail to

reach a resolution of the serious

disagreement within 15 days following

Secretarial mediation efforts, and the

parties do not agree to extend mediation

beyond that period, or

(4) For other good cause.

(f) The availability of the mediation

services provided in this section is not

intended expressly or implicitly to limit

the parties’ use of alternate forums to

resolve disputes. Specifically, judicial

review where otherwise available by

law may be sought by any party to a

serious disagreement without first

having exhausted the mediation process

provided herein.

§ 923.55 Full participation by State and

local governments, interested parties, and

the general public.

The management program must be

developed and adopted with the

opportunity of full participation by state

agencies, local governments, regional

commissions and organizations, port

authorities, and other interested public

and private parties. To meet this

requirement, a State must:

(a) Develop and make available

general information regarding the

program design, its content and its

status throughout program

development;

(b) Provide a listing, as

comprehensive as possible, of all

governmental agencies, regional
33814 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

organizations, port authorities and

public and private organizations likely

to be affected by or to have a direct

interest in the development and

implementation of the management

program;

(c) Indicate the nature of major

comments received from interested or

affected parties, identified in paragraph

(b)(2) of this section, and the nature of

the State’s response to these comments;

and

(d) Hold public meetings, workshops,

etc., during the course of program

development at accessible locations and

convenient times, with reasonable

notice and availability of materials.

§ 923.56 Plan coordination.

(a) The management program must be

coordinated 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) A State must insure that the

contents of its management program has

been coordinated with local, areawide

and interstate plans applicable to areas

within the coastal zone existing on

January 1 of the year in which the

State’s management program is

submitted to the Assistant

Administrator for approval. To

document this coordination, the

management program must:

(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;

(2) List or provide a summary of

contacts with these entities for the

purpose of coordinating the

management program with plans

adopted by a governmental entity as of

January 1 of the year in which the

management program is submitted. At a

minimum, the following plans, affecting

a State coastal zone, shall be reviewed:

Land use plans prepared pursuant to

section 701 of the Housing and Urban

Development Act of 1968, as amended;

State and areawide waste treatment

facility or management plans prepared

pursuant to sections 201 and 208 of the

Clean Water Act, as amended; plans and

designations made pursuant to the

National Flood Insurance Act of 1968,

as amended, and the Flood Disaster

Protection Act of 1973, as amended;

hazard mitigation plans prepared

pursuant to section 409 of the Robert T.

Stafford Disaster Relief and Emergency

Assistance Act; any applicable interstate

energy plans or programs developed

pursuant to section 309 of the Act;

regional and interstate highway plans;

plans developed by Regional Action

Planning Commission; and fishery

management plans developed pursuant

to the Fisheries Conservation and

Management Act.

(3) Identify conflicts with those plans

of a regulatory nature that are

unresolved at the time of program

submission and the means that can be

used to resolve these conflicts.

§ 923.57 Continuing consultation.

(a) As required by subsection

306(d)(3)(B) of the Act, a State must

establish an effective mechanism for

continuing consultation and

coordination between the management

agency designated pursuant to

paragraph (6) of section 306(d) of the

Act 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 Act.

(b) The management program must

establish a procedure whereby local

governments with zoning authority are

notified of State management program

decisions which would conflict with

any local zoning ordinance decision.

(1) ‘‘Management program decision’’

refers to any major, discretionary policy

decisions on the part of a management

agency, such as the determination of

permissible land and water uses, the

designation of areas or particular

concern or areas for preservation or

restoration, or the decision to acquire

property for public uses. Regulatory

actions which are taken pursuant to

these major decisions are not subject to

the State-local consultation

mechanisms. A State management

program decision is in conflict with a

local zoning ordinance if the decision is

contradictory to that ordinance. A State

management program decision that

consists of additional but not

contradictory requirements is not in

conflict with a local zoning ordinance,

decision or other action;

(2) ‘‘Local government’’ refers to these

defined in section 304(11) of the Act

which have some form of zoning

authority.

(3) ‘‘Local zoning ordinance, decision

or other action’’ refers to any local

government land or water use action

which regulates or restricts the

construction, alteration of use of land,

water or structures thereon or

thereunder. These actions include

zoning ordinances, master plans and

official maps. A local government has

the right to comment on a State

management program decision when

such decision conflicts with the above

specified actions;

(4) Notification must be in writing

and must inform the local government

of its right to submit comments to the

State management agency in the event

the proposed State management

program decision conflicts with a local

zoning ordinance, decision or other

action. The effect of providing such

notice is to stay State action to

implement its management decision for

at least a 30-day period unless the local

government waives its right to

comment.

(5) ‘‘Waiver’’ of the right of local

government to comment (thereby

permitting a State agency to proceed

immediately with implementation of the

management program decision) shall

result:

(i) Following State agency receipt of a

written statement from a local

government indicating that it either:

(A) Waives its right to comment; or

(B) Concurs with the management

program decision; or

(C) Intends to take action which

conflicts or interferes with the

management program decision; or

(ii) Following a public statement by a

local government to the same effect as

paragraph (b)(5)(i) of this section; or

(iii) Following an action by a local

government that conflicts or interferes

with the management program decision.

(6) The management program shall

include procedures to be followed by a

management agency in considering a

local government’s comments. These

procedures shall include, at a minimum,

circumstances under which the agency

will exercise its discretion to hold a

public hearing. Where public hearings

will be held, the program must set forth

notice and other hearing procedures that

will be followed. Following State

agency consideration of local comments

(when a discretionary public hearing is

not held) or following public hearing,

the management agency shall provide a

written response to the affected local

government, affected local government,

within a reasonable period of time and

prior to implementation of the

management program decision, on the

results of the agency’s consideration of

public comments.

§ 923.58 Public hearings.

The management program must be

developed and adopted after the holding

of public hearings. A State must:

(a) Hold a minimum of two public

hearings during the course of program
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33815

development, at least one of which will

be on the total scope of the coastal

management program. Hearings on the

total management program do not have

to be held on the actual document

submitted to the Assistant

Administrator for section 306 approval.

However, such hearing(s) must cover

the substance and content of the

proposed management program in such

a manner that the general public, and

particularly affected parties, have a

reasonable opportunity to understand

the impacts of the management

program. If the hearing(s) are not on the

management document per se, all

requests for such document must be

honored and comments on the

document received prior to submission

of the document to the Assistant

Administrator must be considered;

(b) Provide a minimum of 30 days

public notice of hearing dates and

locations;

(c) Make available for public review,

at the time of public notice, all agency

materials pertinent to the hearings; and

(d) Include a transcript or summary of

the public hearing(s) with the State’s

program document or submit same

within thirty (30) days following

submittal of the program to the

Assistant Administrator. At the same

time this transcript or summary is

submitted to the Assistant

Administrator, it must be made

available, upon request, to the public.

Subpart G—Review/Approval

Procedures

§ 923.60 Review/approval procedures.

(a) 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 regulations

implementing the National

Environmental Policy Act of 1969, as

amended, OCRM will assist the State by

outlining the types of information

required. (See 40 CFR § 1506.5 (a) and

(b).)

(b) Upon submission by a State of its

draft management program, OCRM will

determine if it adequately meets the

requirements of the Act and this part.

Assuming positive findings are made

and major revisions to the State’s draft

management program are not required,

OCRM will prepare draft and final

environmental impact statements, in

accordance with National

Environmental Policy Act requirements.

Because the review process involves

preparation and dissemination of draft

and final environmental impact

statements and lengthy Federal agency

review; states should anticipate that it

will take at least 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 OCRM guidance on the

review/approval process. The OCRM

guidance also recommends a format for

the program document submitted to the

Assistant Administrator for review and

approval.

Subpart H—Amendments to and

Termination of Approved Management

Programs

§ 923.80 General.

(a) This subpart establishes the

criteria and procedures by which

amendments, modifications or other

changes to approved management

programs may be made. This subpart

also establishes the conditions and

procedures by which administrative

funding may be terminated for

programmatic reasons.

(b) Any coastal state may amend or

modify a management program which it

has submitted and which has been

approved by the Assistant

Administrator under this subsection,

subject to the conditions provided for

subsection 306(e) of the Act.

(c) As required by subsection 312(d)

of the Act, the Assistant Administrator

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, it the

Assistant Administrator determines that

the coastal state has failed to take the

actions referred to in subsection

312(c)(2)(A) of the Act.

(d) For purposes of this subpart,

amendments are defined as substantial

changes in one or more of the following

coastal management program areas:

(1) Uses subject to management;

(2) Special management areas;

(3) Boundaries;

(4) Authorities and organization; and

(5) Coordination, public involvement

and the national interest.

(e) OCRM will provide guidance on

program changes. The five program

management areas identified in

§ 923.80(d) are also discussed in subpart

B through F of this part.

§ 923.81 Requests for amendments.

(a) 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) of the Act) if the

Governor had delegated this

responsibility and such delegation is

part of the approved management

program. Whenever possible, requests

should be submitted prior to final State

action to implement the amendment. At

least one public hearing must be held on

the proposed amendment, pursuant to

subsection 306(d)(4) of the Act.

Pursuant to section 311 of the Act,

notice of such public hearing(s) must be

announced at least 30 days prior to the

hearing date. At the time of the

announcement, relevant agency

materials pertinent to the hearing must

be made available to the public.

(b) Amendment requests must contain

the following:

(1) A description of the proposed

change, including specific pages and

text of the management program that

will be changed if the amendment is

approved by the Assistant

Administrator. This description shall

also identify any enforceable policies to

be added to the management program;

(2) explanation of why the change is

necessary and appropriate, including a

discussion of the following factors, as

relevant; changes in coastal zone needs,

problems, issues, or priorities. This

discussion also shall identify which

findings, if any made by the Assistant

Administrator in approving the

management program may need to be

modified if the amendment is approved;

(3) A copy of public notice(s)

announcing the public hearing(s) on the

proposed amendments;

(4) A summary of the hearing(s)

comments:

(i) Where OCRM is providing Federal

agency review concurrent with the

notice period for the State’s public

hearing, this summary of hearing(s)

comments may be submitted to the

Assistant Administrator within 60 days

after the hearing;

(ii) Where hearing(s) summaries are

submitted as a supplement to the

amendment request (as in the case

described in paragraph (b)(1) of this

section), the Assistant Administrator

will not take final action to approve or

disapprove an amendment request until

the hearing(s) summaries have been

received and reviewed; and

(5) Documentation of opportunities

provided relevant Federal, State,

regional and local agencies, port

authorities and other interested public

and private parties to participate in the

development and approval at the State

level of the proposed amendment.
33816 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

§ 923.82 Amendment review/approval

procedures.

(a) Upon submission by a State of its

amendment request, OCRM will review

the request to determine preliminarily if

the management program, if changed

according to the amendment request,

still will constitute an approvable

program. In making this determination,

OCRM will determine whether the state

has satisfied the applicable program

approvability criteria of subsection

306(d) of the Act.

(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.

§ 923.89 Mediation of amendments.

(a) Section 307(h)(2) of the Act

provides for mediation of ‘‘serious

disagreements’’ between a Federal

agency and a coastal State during

administration of an approved

management program. Accordingly

mediation is available to states or

federal agencies when a serious

disagreement regarding a proposed

amendment arises.

(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. Mediation is a voluntary

process in which the Secretary of

Commerce attempts to mediate between

disagreeing parties over major problems.

(See § 923.54).

§ 923.84 Routine program changes.

(a) Further detailing of a State’s

program that is the result of

implementing provisions approved as

part of a State’s approved management

program, that does not result in the type

of action described in § 923.80(d), will

be considered a routine program change.

While a routine change is not subject to

the amendment procedures contained in

§§ 923.81 through 923.82, it is subject to

mediation provisions of § 923.83.

(b) (1) States must notify OCRM of

routine program change actions in order

that OCRM may review the action to

ensure it does not constitute an

amendment. The state notification shall

identify any enforceable policies to be

added to the management program, and

explain why the program change will

not result in the type of action described

in § 923.80(d).

(i) States have the option of notifying

OCRM of routine changes on a case-bycase basis, periodically throughout the

year, or annually.

(ii) In determining when and how

often to notify OCRM of such actions,

States should be aware that Federal

consistency will apply only after the

notice required by paragraph (b)(4) of

this section has been provided.

(2) Concurrent with notifying OCRM,

States must provide notice to the

general public and affected parties,

including local governments, other State

agencies and regional offices of relevant

federal agencies of the notification given

OCRM.

(i) This notice must:

(A) Describe the nature of the routine

program change and identify any

enforceable policies to be added to the

management program if the State’s

request is approved;

(B) Indicate that the State considers it

to be a routine program change and has

requested OCRM’s concurrence in that

determination; and

(C) Indicate that any comments on

whether or not the action does or does

not constitute a routine program change

may be submitted to OCRM within 3

weeks of the date of issuance of the

notice.

(ii) Where relevant Federal agencies

do not maintain regional offices, notice

must be provided to the headquarters

office.

(3) Within 4 weeks of receipt of notice

from a State, OCRM will inform the

State whether it concurs that the action

constitutes a routine program change.

Failure to notify a State in writing

within 4 weeks of receipt of notice shall

be considered concurrence.

(4) Where OCRM concurs, a State then

must provide notice of this fact to the

general public and affected parties,

including local governments, other State

agencies and relevant Federal agencies.

(i) This notice must:

(A) Indicate the date on which the

State received concurrence from OCRM

that the action constitutes a routine

program change;

(B) Reference the earlier notice

(required in paragraph (b)(2) of this

section) for a description of the content

of the action; and

(C) Indicate if Federal consistency

applies as of the date of the notice

called for in this paragraph.

(ii) Federal consistency shall not be

required until this notice has been

provided.

(5) Where OCRM does not concur, a

State will be advised to:

(1) submit the action as an

amendment, subject to the provisions of

§§ 923.81 through 923.82; or

(ii) resubmit the routine program

change with additional information

requested by OCRM concerning how the

program will be changed as a result of

the action.

Subpart I—Applications for Program

Development or Implementation

Grants

§ 923.90 General.

(a) The primary purpose of

development grants made pursuant to

section 305 of the Act is to assist coastal

States in the development of

comprehensive coastal management

programs that can be approved by the

Assistant Administrator. The primary

purpose of implementation grants made

pursuant to section 306 of the Act is to

assist coastal States in implementing

coastal management programs following

their approval, including especially

administrative actions to implement

enforceable program policies,

authorities and other management

techniques. The purpose of the

guidelines in this subpart is to define

the procedures by which grantees apply

for and administer grants under the Act.

These guidelines shall be used and

interpreted in conjunction with

applicable Federal laws and policies,

Department of Commerce grants

management regulations, policies and

procedures, and any other applicable

directives from the NOAA Grants

Management Division and OCRM

program offices.

(b) Grants awarded to a State must be

expended for the development or

administration, as appropriate, of a

management program that meets the

requirements of the Act, and in

accordance with the terms of the award.

(c) All applications for funding under

section 305 or 306 of the Act, including

proposed work programs, funding

priorities and allocations are subject to

the discretion of the Assistant

Administrator.

(d) 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
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33817

used interchangeably and mean grants

awarded pursuant to subsection 306(a)

of the Act.

(e) 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 Programs

Division, 1305 East-West Highway (N/

ORM3), Silver Spring, MD 20910.

§ 923.91 State responsibility.

(a) Applications for program grants

are required to 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 must 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.

(c) One State application will cover

all program activities for which program

development or implementation funds

under this Act and matching State funds

are provided, irrespective of whether

these activities will be carried out by

State agencies, areawide or regional

agencies, local governments, or

interstate entities.

(d) The designated state entity shall

be fiscally responsible for all

expenditures made under the grant,

including expenditures by subgrantees

and contractors.

§ 923.92 Allocation.

(a) Subsections 303(4), 306(d)(3)(B)

and 306(d)(10) of the Act foster

intergovernmental cooperation in that a

state, in accordance with its coastal

zone management program, may

allocate some of 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.

(b) A State may allocate a portion or

portions of its grant to other State

agencies, local governments, areawide

or regional agencies, interstate entities,

or Indian tribes, if the work to result

from such allocation(s) will contribute

to the effective development or

implementation of the State’s

management program.

(1) Local governments. Should a State

desire to allocate a portion of its grant

to a local government, units of generalpurpose local government are preferred

over special-purpose units of local

government. Where a State will be

relying on direct State controls as

provided for in subsection 306(d)(11)(B)

of the Act, pass-throughs to local

governments for local planning,

regulatory or administrative efforts

under a section 306 grant cannot be

made, unless they are subject to

adequate State overview and are part of

the approved management program.

Where the approved management

program provides for other specified

local activities or one-time projects,

again subject to adequate State

overview, then a portion of

administrative grant funds may be

allocated to local governments.

(2) Indian Tribes. Tribal participation

in coastal management efforts may be

supported and encouraged through a

State’s program. Individual tribes or

groups of tribes may be considered

regional agencies and may be allocated

a portion of a State’s grant for the

development of independent tribal

coastal management programs or the

implementation of specific management

projects provided that:

(i) The State certifies that such tribal

programs or projects are compatible

with its approved coastal management

policies; and

(ii) On excluded tribal lands, the State

demonstrates that the tribal program or

project would or could directly affect

the State’s coastal zone.

§ 923.93 Eligible implementation costs.

(a) Costs claimed must be beneficial

and necessary to the objectives of the

grant project. As used herein the terms

cost and grant project pertain to both the

Federal and the matching share.

Allowability of costs will be determined

in accordance with the provisions of

OMB Circular A–87: Cost Principles for

State, Local and Indian Tribal

Governments.

(b) Federal funds awarded pursuant to

section 306 of the Act may not be used

for land acquisition purposes and may

not be used for construction purposes.

These costs may be eligible, however,

pursuant to section 306A of the Act.

(c) The primary purpose for which

implementation funds, pursuant to

section 306 of the Act, are to be used is

to assure effective implementation and

administration of the management

program, including especially

administrative actions to implement

enforceable program policies,

authorities and other management

techniques. Implementation activities

should focus on achieving the policies

of the Act.

(d) Section 306 funding in support of

any of these purposes may be used to

fund, among other things:

(1) Personnel costs,

(2) Supplies and overhead,

(3) Equipment, and

(4) Feasibility studies and preliminary

engineering reports.

(e) States are encouraged to

coordinate administrative funding

requests with funding possibilities

pursuant to sections 306A, 308, 309, 310

and 315 of the Act, as well as with

funding possibilities pursuant to section

6217 of the Coastal Zone Act

Reauthorization Amendments of 1990.

When in doubt as to the appropriate

section of the Act under which to

request funding, States should consult

with OCRM. States should consult with

OCRM on technical aspects of

consolidating requests into a single

application.

§ 923.94 Application for program

development or implementation grants.

(a) OMB Standard Form 424 (4–92)

and the NOAA Application Kit for

Federal Assistance constitute the formal

application. An original and two (2)

copies must be submitted 45 days prior

to the desired grant beginning date. The

application must be accompanied by

evidence of compliance with E.O. 12372

requirements including the resolution of

any problems raised by the proposed

project. The administrative

requirements for grants and subawards,

under this program, to state, local and

Indian tribal governments are set out in

15 CFR Part 24. The administrative

requirements for other entities are

prescribed under OMB Circular A–110:

Administrative Requirements for Grants

and Agreements with Institutions of

Higher Education, Hospitals and Other

Non-Profit Organizations.

(b) Costs claimed as charges to the

grant project must be beneficial and

necessary to the objectives of the grant

project. As used herein, the terms ‘‘cost’’

and ‘‘grant project’’ pertain to both the

Federal amount awarded and the nonfederal matching share. Allowability of

costs will be determined in accordance

with the provisions of OMB Circular A–

87: Cost Principles for State, Local and

Indian Tribal Governments. Eligible

implementation costs also shall be

determined in accordance with § 923.93

of these regulations. Allowability of

costs for non-profit organizations will be

determined in accordance with OMB

Circular A–122: Cost Principles for NonProfit Organizations. Allowability of
33818 Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations

costs for institutions of higher education

will be determined in accordance with

OMB Circular A–21: Cost Principles for

Educational Institutions.

(c) In the grant application, the

applicant must describe clearly and

briefly the activities that will be

undertaken with grant funds in support

of implementation and administration

of the management program. This

description must include:

(1) An identification of those elements

of the approved management program

that are to be supported in whole or in

part by the Federal and the matching

share,

(2) A clear statement of the major

tasks required to implement each

element,

(3) For each task the application must:

(i) Specify how it will be

accomplished and by whom;

(ii) Identify any sub-awardees (other

State agencies, local governments,

individuals, etc.) that will be allocated

responsibility for carrying out all or

portions of the task, and indicate the

estimated cost of the sub-awards for

each allocation; and

(iii) Indicate the estimated total cost.

(4) The sum of all task costs in

paragraph (c)(3) of this section should

equal the total estimated grant project

cost.

(d) For program development grants,

when evaluating whether a State is

making satisfactory progress toward

completion of an approvable

management program which is

necessary to establish eligibility for

subsequent grants, the Assistant

Administrator will consider:

(1) The progress made toward meeting

management program goals and

objectives;

(2) The progress demonstrated in

completing the past year’s work

program;

(3) The cumulative progress toward

meeting the requirements for

preliminary or final approval of a

coastal management program;

(4) The applicability of the proposed

work program to fulfillment of the

requirements for final approval; and

(5) The effectiveness of mechanisms

for insuring public participation and

consultation with affected Federal,

State, regional and local agencies in

program development.

§ 923.95 Approval of applications.

(a) The application for a grant by any

coastal State which complies with the

policies and requirements of the Act

and these guidelines shall be approved

by the NOAA Grants Officer, upon

recommendation by the Assistant

Administrator, assuming available

funding.

(b) Should an application be found

deficient, the Assistant Administrator

will notify the applicant in detail of any

deficiency when an application fails to

conform to the requirements of the Act

or these regulations. Conferences may

be held on these matters. Corrections or

adjustments to the application will

provide the basis for resubmittal of the

application for further consideration

and review.

(c) The NOAA Grants Officer, upon

recommendation by the Assistant

Administrator, may waive appropriate

administrative requirements contained

in this subpart, upon finding of

extenuating circumstances relating to

applications for assistance.

§ 923.96 Grant amendments.

(a) Actions that require an

amendment to a grant award such as a

request for additional Federal funds,

changes in the amount of the nonFederal share, changes in the approved

project budget as specified in 15 CFR

Part 24, or extension of the grant period

must be submitted to the Assistant

Administrator and approved in writing

by 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.

(b) NOAA shall acknowledge receipt

of the grantee’s request within the ten

(10) working days of receipt of the

correspondence. This notification shall

indicate NOAA’s decision regarding the

request; or indicate a time-frame within

which a decision will be made.

PART 926—[REMOVED]

5. Part 926 which is currently

reserved is removed.

PART 927—[REDESIGNATED AS PART

923, SUBPART J]

6. Part 927, consisting of § 927.1, is

redesignated as Subpart J of Part 923,

consisting of § 923.110.

PART 928—[REDESIGNATED AS PART

923, SUBPART L]

7. Part 928 is redesignated as Subpart

L of Part 923, and §§ 928.1 through

928.5 are redesignated as §§ 923.131

through 923.135 in the Subpart.

§ 923.131 [Amended]

8. Redesignated § 923.131 is amended

by replacing the two references to ‘‘This

part’’ in the introductory text with

references to ‘‘This subpart.’’

§ 923.133 [Amended]

9. Redesignated § 923.133 is amended

by changing the references to 15 CFR

928.3 and 928.4 in paragraph (b)(9), the

reference to § 928.3(d) in paragraph

(c)(2), and the reference to § 928.3(c)(4)

in paragraph (d)(2), as references to

§§ 923.133 and 923.134, § 923.132(d)

and § 923.133(c)(4), respectively.

§ 923.134 [Amended]

10. Redesignated § 923.134 is

amended by changing the reference to

15 CFR 928.3(b)(7) in paragraph (b)(3) as

a reference to § 923.133(b)(7).

§ 923.135 [Amended]

11. Redesignated § 923.135 is

amended as follows:

(1) by changing the reference to 15

CFR 928.5(a)(3) in paragraph (a)(2)(i) as

a reference to § 923.135(a)(3),

(2) by changing the reference to 15

CFR 928.4 in paragraph (a)(2)(ii) as a

reference to § 923.134,

(3) by changing the reference to 15

CFR 923.81(c) in paragraph (a)(3)(i)(G)

as a reference to 15 CFR 923.81(a), and

(4) by changing the four references to

15 CFR 928.5(a)(2) in paragraphs (b)(2)

(i) and (iii) as references to

§ 923.135(a)(2).

PART 932—[REDESIGNATED AS PART

923, SUBPART K]

12. Part 932 is redesignated as

Subpart K of Part 923, and §§ 932.1

through 932.8 are redesignated as

§§ 923.121 through 923.128 in the

Subpart.

13. Redesignated § 923.121 is

amended by revising paragraph (h) to

read as follows:

§ 923.121 General

* * * * *

(h) All application forms are to be

requested from and submitted to:

National Oceanic and Atmospheric

Administration, Office of Ocean and

Coastal Resources Management, Coastal

Programs Division, 1305 East-West

Highway (N/ORM3), Silver Spring, MD

20910.

14. Redesignated § 923.121 is further

amended as follows:

(1) by changing the references to ‘‘this

part’’ in paragraphs (a) and (b) with

references to ‘‘this subpart’’, and

(2) by changing the reference to 15

CFR 932.8 in paragraph (b)(1) as a

reference to § 923.128.

§ 923.123 [Amended]

15. Redesignated § 923.123 is

amended as follows:

(1) in paragraph (a), by replacing

‘‘routine program implementation’’ with

‘‘routine program change’’,
Federal Register / Vol. 61, No. 126 / Friday, June 28, 1996 / Rules and Regulations 33819

(2) in the footnote in paragraph (b),

the address is revised to read: ‘‘Office of

Ocean and Coastal Resource

Management, Coastal Programs

Division, 1305 East-West Highway (N/

ORM3), Silver Spring, MD 20910’’, and

(3) by changing the reference to 15

CFR 932.5(a) in paragraph (d) and the

reference to 15 CFR 932.5(b) in

paragraph (e), as references to

§§ 923.125(a) and 923.125(b),

respectively.

§ 923.124 [Amended]

16. Redesignated § 923.124 is

amended as follows:

(1) by changing the reference to 15

CFR 932.1(b) and 15 CFR 927.1(c) in

paragraph (d)(1)(i) as references to

§ 0923.121(b) and 923.110(c),

respectively,

(2) by changing the reference to 15

CFR 932.4(d) in paragraph (d)(1)(iii) as

a reference to § 923.124(d),

(3) by changing the reference to 15

CFR 932.8 in paragraph (d)(3) as a

reference to § 923.128,

(4) by changing the references to 15

CFR 932.4(d), 15 CFR 932.3(d) and 15

CFR 932.5(b) in paragraph (e) as

references to §§ 923.124(d), 923.123(d),

and 923.125(b), respectively, and

(5) by changing the references to 15

CFR 932.4(b), 15 CFR 932.4(c), 15 CFR

932.4(d) and 15 CFR 932.4(e) in

paragraph (f) as references to

§§ 923.124(b), 923.124(c), 923.124(d)

and 923.124(e), respectively.

§ 923.125 [Amended]

17. Redesignated § 923.125 is

amended as follows:

(1) by changing the reference to 15

CFR 932.6(b)(1) in paragraph (a)(1)(v) as

a reference to § 923.126(b)(1),

(2) by changing the reference to 15

CFR 932.3(e) in paragraph (b)(2)(ii) as a

reference to § 923.123(e),

(3) by changing the reference to 15

CFR 932.3(f) in paragraph (b)(2)(iii) as a

reference to § 923.123(f), and

(4) by changing the references to

§ 932.5(a) and 15 CFR 932.5(b) in

paragraph (c) as references to

§§ 923.125(a) and 923.125(b),

respectively.

18. Redesignated § 923.125 is further

amended by removing footnote two in

paragraph (a)(1)(ii).

§ 923.126 [Amended]

19. Redesignated § 923.126 is

amended as follows:

(1) by changing the references to 15

CFR 932.6(b) and 15 CFR 932.1(b) in

paragraph (a) as references to

§ 923.126(b) and 923.121(b),

respectively,

(2) by changing the reference to 15

CFR 923.95(d)(3)(ii) in paragraph

(b)(1)(iii) as a reference to

§ 923.94(d)(3)(ii),

(3) by changing the references to 15

CFR 932.5(a) and 15 CFR 932.5(b) in

paragraph (b)(4) as references to

§ 923.125(a) and 923.125(b),

respectively,

(4) by changing the reference to 15

CFR 932.3(a) in paragraph (b)(7) as a

reference to § 923.123(a),

(5) by changing the references to 15

CFR 932.5(a) and 15 CFR 932.4(d) in

paragraph (b)(8) as references to

§§ 923.125(a) and 923.124(d),

respectively,

(6) by changing the references to 15

CFR 932.5(a) and 15 CFR 932.5(b) in

paragraph (c)(3) as references to

§ 923.125(a) and 923.125(b),

respectively,

(7) by changing the references to 15

CFR 932.5(a) and 15 CFR 932.4(d) in

paragraph (c)(4) as references to

§§ 923.125(a) and 923.124(d),

respectively, and

(8) by changing the reference to

subpart J of 15 CFR part 923 in

paragraph (c)(5) as a reference to subpart

I of 15 CFR part 923.

§ 923.127 [Amended]

20. Redesignated § 923.127 is

amended as follows:

(1) by changing the reference to

subpart J of 15 CFR part 923 in

paragraph (a) as a reference to subpart

I of 15 CFR part 923,

(2) by changing the reference to 15

CFR 932.6(b)(1) in paragraph (b) as a

reference to § 923.126(b)(1),

(3) by changing the reference to

subpart J of 15 CFR part 923 in

paragraph (c) as a reference to subpart

I of 15 CFR part 923, and

(4) by changing the reference to 15

CFR 932.6(c)(2) in paragraph (e) as a

reference to § 923.126(c)(2).

PART 933—COASTAL ZONE

MANAGEMENT RESEARCH AND

TECHNICAL ASSISTANCE [Removed]

21. Part 933 is removed.

* * * * *

[FR Doc. 96–16402 Filed 6–27–96; 8:45 am]

BILLING CODE 3510–08–M