^s.^p '-Vn Resources A Coastal Zone Management Technical Assistance Document Living Coastal Resources A Coastal Zone Management Technical Assistance Document Preoared bv: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration National Marine Fisheries Service And: U.S. DEPARTMENT OF INTERIOR U.S. Fish and Wildlife Service For: U.S. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Office of Coastal Zone Management July 1976 CD O FOREWORD The development and implementation of State Coastal Zone Management Programs under the Coastal Zone Management Act of 1972 will involve management of the myriad of coastal uses, such as industry, commerce, residential development, recreation and harvest of living resources. This process provides an outstanding opportunity to establish pro- cedures that routinely achieve consideration of living resources in coastal zone decision-making. Implementation of the programs will provide many conservation advantages, the most important being pro- tection, preservation, enhancement, restoration and improved manage- ment of living resources. The extent to which each State program has these advantages will reflect participation of living resources interests, including Federal and State fish and wildlife agencies, in the planning process for coastal zone management. The National Marine Fisheries Service (NMFS) and the U.S. Fish and Wildlife Service (FWS) have prepared this report to describe living resource concepts and subjects important in the development of State Coastal Zone Management Programs and to identify sources of technical assistance available in FWS and NMFS. Although not a comprehensive procedural manual, it should be useful to the respective State coastal zone management planning agencies, Office of Coastal Zone Management (OCZM), State fish and wildlife agencies, FWS, NMFS, as well as other agencies and public and private interests, in their interpretations of the living coastal resources requirements of the Act and CZM Regulations. The Office of Coastal Zone Management wishes to thank the FWS and NMFS for the time and effort required in the preparation of this document. We are also thankful to the many other Federal, State, and public reviewers who contributed their views to the process of preparation. Robert Knecht Assistant Administrator for Coastal Zone Management National Oceanic and Atmospheric Administration TABLE OF CONTENTS Page FOREWORD i GLOSSARY iii I. INTRODUCTION 1 A. The Coastal Zone Management Act of 1972 and Living Coastal Resources 1 B. Meeting the Act's Intent 2 C. Report Purpose 3 II. LIVING COASTAL RESOURCES AND THE COASTAL ZONE MANAGEMENT PROCESS 4 A. Process for Consideration of Living Coastal Resources 4 B. Ecological Principles 4 C. Living Coastal Resources Data Base 5 1. Importance of Systematic Inventories 5 2. Three Major Information Categories 5 3. Information Sources 7 D. Applications Within Coastal Zone Management Processes 10 1. Boundaries 10 2. Permissible Uses 12 3. Geographic Areas of Particular Concern 14 4. State-Federal Interaction and National Interest 17 5. Public and Government Involvement 18 6. State Authorities and Organization 19 III. SOURCES OF FWS AND NMFS TECHNICAL ASSISTANCE 21 A. U.S. Fish and Wildlife Service Programs 21 1. Programs and Technical Assistance Relevant to Coastal Zone Management 22 B. National Marine Fisheries Service 27 1. Programs Relevant to Coastal Zone Management 28 APPENDICES A. FWS and NMFS Authorities of Significance for Coastal Zone Planning B. Key Coastal Zone Management Contacts Within the U.S. Fish and Wildlife Service; Department of the Interior; National Marine Fisheries Service; Office of Coastal Zone Management C. The Coastal Zone Management Act of 1972, Section 305 Regulations, and Section 306 Regulations ii GLOSSARY Areas for Preservation and Restoration : As set forth in Sec. 306(c)(9) of the Coastal Zone Management Act of 1972 and the CZM Regulations (15 C.F.R. 923.16), State programs must show evidence that standards and criteria have been developed and applied for designation of areas of conservation, recreational, ecological, or esthetic values for the purpose of preserving and restoring them. Coastal Waters : As defined in Sec. 304(b) of the Act, coastal waters consist of: In the Great Lakes area, the waters within the territorial jurisdiction of the United States consisting of the Great Lakes, their connecting waters, harbors, and estuary-type areas such as bays, shallows, and marshes. In other areas, those waters adjacent to the shorelines, which contain a measurable quantity or percentage of seawater, including, but not limited to sounds, bays, lagoons, bayous, ponds, and estuaries. Coastal Zone : As defined in Sec 304(a) of the Act, coastal zone means: The coastal waters (including the lands therein and there- under), strongly influenced by each other and in proximity to the shorelines of the several coastal States, and includes transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends in Great Lakes waters to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of the United States territorial sea. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. CZM Regulations : Term used in this report to refer collectively to Section 305 Regulations (Issued November 29, 1973, pursuant to Sec. 305 of the Coastal Zone Management Act for the purpose of assisting States to develop management programs for coastal zone land and water resources), and Section 306 Regulations (Issued January 9, 1975, pursuant to Sec. 306 of the Act for the purpose of estab- lishing: 1) criteria and procedures for review and approval of iii State Coastal Zone Management Programs and 2) procedures by which coastal States may apply to OCZM for annual administration grants). Habitat : The surroundings, conditions, and influences, both terres- trial and aquatic, natural for the life and growth of living coastal resources. Geographic Areas of Particular Concern : As referred to in Sec. 305(b)(3) of the Coastal Zone Management Act of 1972 and addressed in the CZM Regulations, 15 C.F.R. Sec. 920.13 and 923.13, Geographic Areas of Particular Concern are specific land and water areas with- in the coastal zone which States designate for special management consideration, such as: 1) scarce or fragile areas of historical, cultural, or scenic importance; 2) essential habitats for living resources or areas of high productivity; 3) recreational ly valuable areas; 4) areas needed to protect, maintain, or replenish coastal lands or resources, and 5) areas having great impact upon develop- ment because of weather hazards, competition for water use, unique geological or topographical conditions, or ready access to coastal waters. Living Coastal Resources : A broad term for aquatic and terres- trial plant and animal life that inhabit marine and Great Lakes waters, estuaries, freshwater tributaries, wetlands, and adjoining upland areas of the coastal zone. The term applies primarily to fish, shellfish, wildlife, and the food organisms and other living components of their supporting habitats. Permissible Uses : As addressed in Sec. 305(b)(2) of the Coastal Zone Management Act of 1972 and the CZM Regulations (15 C.F.R. Sec. 920.12 and 923.12), permissible uses are those land and water uses having direct and significant impact on the coastal waters for which each State must establish guidelines setting forth the conditions under which various uses or classes of uses may occur in the coastal zone. XV I. INTRODUCTION A. The Coastal Zone Management Act of 1972 and Living Coastal Resources Sec. 302(c) and (d) of the Coastal Zone Management Act of 1972, hereafter referred to as the Act, state that " (c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for in- dustry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and naviga- tion, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space and public use, and shoreline erosion; (d) The coastal zone, and the fish, shellfish, other living resources, and wildlife therein, are ecologically fragile and consequently ex- tremely vulnerable to destruction by man's alterations;...." On the basis of these and other findings, Congress established within this Act a National policy, "...to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations..." (Sec. 303(a)). Implementation of the Act's provisions will have substantial positive effects upon living resources The requirements for protection, restoration, and preservation within State Coastal Zone Management Programs will serve to perpetuate these resources and their valuable social and economic uses. The requirements also present opportunities to further the objectives of existing Federal and State fish and wildlife management plans and programs (e.g., accommodation of identi- fied needs for additional marine recreational access areas, as well as reduction of conflicting uses between fisheries and other coastal zone resources and activities, such as sand and gravel operations, and oil and gas development). B„ Meeting the Act's Intent Implementation of the Act will be a complex, extended under- taking, involving the preparation of State Coastal Zone Management Programs for the coastal States, Great Lakes States, and territories of the United States. It includes such actions as participation by Federal, State, and local agencies and interests; formulation of comprehensive programs; represen- tation of a balance of National, State, and local interests and values; resolution of conflicts; establishment of coastal management priorities; and definition and application of such things as boundaries, permissible uses, areas of particular concern, and areas for protection and restoration. Once the Programs are developed by the States and have been approved by the Secretary of Commerce, the subsequent implemen- tation processes will also be complex and extended. Meeting the Act's intent with respect to living resources within this overall process will be complicated by the generally imprecise knowledge of coastal ecology and short- ages of basic resource information. Federal and State coastal zone planners should recognize that the process of develop- ing State Programs, which successfully achieve preservation, protection, restoration, and better management of living re- sources, will require not only use of ecological principles, but a systematic gathering of resource information and its subsequent use in planning. Federal and State fish and wild- life agencies, as management authorities and principal sources of living resource information within their respective juris- dictions, should support coastal zone planning agencies in the planning and review and implementation stages, so that the maximum amount of relevant information on living resources will be brought to bear in the planning process. 3 C. Report Purpose The purpose of this report is to provide guidance relevant to the consideration of living resources and their social and economic uses in the preparation of State Coastal Zone Management Programs. Chapter II is devoted to living resource aspects that should be considered in State Program develop- ment. Chapter II materials are important because they sum- marize a broad range of subjects and actions that must be addressed within the Programs to achieve protection, preservation, restoration, and enhancement. Chapter III describes technical assistance available from FWS and NMFS for Coastal Zone Management planning. Specific points of contact within these two agencies and OCZM are identified. The report is not a procedural manual, and, because of the varying nature of living resources and their habitats, included examples are illustrative and should not be interpreted as all inclusive. II. LIVING COASTAL RESOURCES AND THE COASTAL ZONE MANAGEMENT PROCESS A. Process for Consideration of Living Coastal Resources Balanced consideration of living resources within the Coastal Zone Management planning process requires two major inputs. First, ecological principles should be recognized as fundamental concepts for managing living resources and their habitats. Second, a data base of biological, economic, and social information about living coastal resources should be compiled and evaluated. The principles and the data base must be integrated into the planning process to develop those portions of the State Programs which reflect these parts of the Act's intent for protection, preservation, restoration, and management of living resources. The following sections address matters important to consideration of living resources in the process. Section B discusses the use of ecological principles as planning concepts, while Section C discusses the living resource data base. Section D in turn relates ecological principles and the data base to provisions of the Act and the CZM Regulations. B. Ecological Principles Ecological principles should be used as the planning bases for living resource consideration and management of their associated social and economic values. For example, the principle of ecosystem integrity _]_/, stating that no one ]_/ Clark, John, 1974. Coastal ecosystems. Ecological considerations for management of the coastal zone. The Conservation Foundation, Washington, D.C., in cooperation with National Oceanic and Atmospheric Administration, Office of Coastal Environment, p.x. part of an ecosystem operates independently of any other part, is demonstrated by the fact that man-caused changes to coastal lands alter the character of adjacent waters, their biota, and human uses,, Integration of this principle into State Programs will enhance the capability of Program plans, policies, and procedures to identify and evaluate impacts upon the ecosystem prior to final judgements con- cerning proposed changes. Clark identifed 11 examples of coastal zone ecological principles, which are listed in table 1. C. Living Coastal Resources Data Base 1. Importance of Systematic Inventories The success of managing living resources through State Programs will depend largely on information available for planning. Thus, it is important that systematic inventories be made to marshall relevant biological, economic, and sociological information. In many cases, however, data needed for coastal zone management planning are incomplete (e.g., information on such subjects as the location and size of important fish spawning and nursery areas, and the associated long-term food and recreational values of these fish). As part of implementing Coastal Zone Management Programs, significant gaps in the data base should be identified and positive actions taken to fill them. 2. Three Major Information Categories The biological, economic, sociological, and statistical data base can be categorized as that relevant to: (a) management of important plant and animal pop- ulations; (b) identification and management of significant habitats; (c) and establishment and management of living resource use zones. Table 1.-- Examples of ecological principles relevant to the coastal zone planning process (from Clark, 1974) 1 . Ecosystem Integrity - No one part of an ecosystem operates independently of any other. 2. Linkage - Water provides the essential linkage of land and sea elements of the coastal ecosystem. 3. Inflow - The natural volume, pattern, and seasonal rate of fresh water inflow provides for optimum ecosystem function. 4. Basin circulation - The natural pattern of water circulation within basins provides for optimum ecosystem function. 5. Energy - The flow and amount of available energy governs life processes within the coastal ecosystem. 6. Storage - A high capability for energy storage provides for optimum ecosystem function. 7. Nitrogen - Productivity in coastal waters is normally governed by the amount of available nitrogen. 8. Light - The natural light regime provides for optimum ecosystem function. 9. Temperatures - The natural temperature regime provides for optimum ecosystem function. 10. Oxygen - High concentrations of dissolved oxygen provide for optimum ecosystem function. 11. Salinity - The natural salinity regime provides for optimum ecosystem function,, Table 2 presents these three categories of information with examples at the level of resource specificity which should be considered during Program development. These three categories frequently overlap owing to the inter- relationships among coastal animals and plants, their habitats, and human uses. For example, coral relates appropriately to all three categories, since coral reefs are in various places managed for important multiple uses, managed as significant habitat zones, or designated as protected or controlled use zones. 3. Information Sources Federal and State fish and wildlife agencies are particularly important sources of advice and infor- mation on living resources. In addition to being repositories for basic resource information, these agencies develop and implement Statewide and local fish and wildlife management plans and programs. They also participate in the development of National and regional interagency water resources plans, which result in recommendations and actions regarding coastal resource management, preservation, protection, and res- toration. For example, the cooperative State-Federal South Atlantic Shrimp Plan, developed by four south- eastern State fish and wildlife agencies and NMFS, presents a long-term management program for South Atlantic shrimp. This plan identifies adverse con- sequences upon shrimp habitats of dredging, filling, channelization, flood control projects, and pesticides. The plan emphasizes the need to enforce State and Fed- eral water pollution regulations and to carry on coastal zone management activities that will minimize long-term adverse effects upon shrimp resources. Other examples of plans include those for Federal and State wildlife refuge management and acquisition, and national and fly- way waterfowl management. These plans and programs should be identified and evaluated, and their goals and objectives considered in the development of State Coastal Zone Management Programs. Table 2.— Three categories of information, with examples of subjects that should be considered in State coastal zone management programs CATEGORY I: Information relating to locally, regionally, or nationally important animal and plant populations , - bird populations, pelagic (kittiwakes, phalaropes, shearwaters) - bird populations, coastal (gulls, ospreys, rails, terns, waterfowl ) - endangered species populations (bald eagles, brown pelicans, leatherback turtles, manatees) - fish and shellfish populations, commercial (menhaden, king crab, salmon, shrimp) - fish and shellfish populations, recreational (blue crab, bluefish, razor clams, seatrout, striped bass) - furbearers (mink, muskrat) - kelp beds (herring spawning, sea otters) - marine mammal populations (sea otters, seals, walruses) CATEGORY II: Information relating to management of habitats significant to the life history stages of import- ant animal and plant populations . - anadromous fish habitat and migration pathways (Atlantic salmon, striped bass) - barrier islands and dunes (protection of wetlands and associated flora and fauna) - beaches (sea turtle nesting sites) - coral reefs (marine coral reef communities) - endangered species habitats (Aleutian goose, Key deer, shortnosed sturgeon) - grass beds (seatrout habitat areas, substrate stabilization) - marshes, swamps (detritus production, natural tertiary water treatment) - natural drainage and energy storage areas (needed for maintenance of existing populations and habitat) - nesting areas (coastal bird rookeries) - nursery areas (estuary-dependent species) - shellfish beds (hardshell clam, oysters) - shoreland habitat (furbearers, waterfowl) - spawning areas (intertidal salmon spawning) - tidal flats (baitworm production, fish feeding areas) - wetlands (furbearers, waterfowl) CATEGORY III: Information relating to establishment and management of living coastal resource use zones - aquaculture areas - commercial fishing areas - hunting areas - marine, estuarine and Great Lakes sanctuaries - marine, recreational access areas - nature conservancy districts - recreational fishing areas - waterfowl and migratory bird refuges - wildlife refuges, ranges Other important sources of living resource infor- mation include universities and colleges, libraries, consultants, and various Federal and State resource agencies. Examples of Federal agencies include Bureau of Land Management, National Park Service, Bureau of Outdoor Recreation, U.S. Corps of Engineers, Environmental Protection Agency, components of the National Oceanic and Atmospheric Administration (Environmental Data Service, Environmental Research Laboratories, Marine Environmental Survey and Assessment Program, National Environmental Satellite Service, National Ocean Survey), and the U.S. Coast Guard. D. Applications Within Coastal Zone Management Processes This section addresses the application of the living resources data base and other factors in implementation of the Act and the CZM Regulations. 1. Boundaries The Act defines the terms coastal zone and coastal waters, whereas the CZM Regulations outline elements for identi- fying boundaries of the coastal zone. These elements include: - determination of the inland boundary required to control, through the management program, shorelands, the uses of which have a direct and significant impact on the coastal waters - determination of the extent of the territorial sea, or where applicable, of State waters in the Great Lakes - identification of transitional and intertidal areas, salt marshes, wetlands, and beaches - identification of all Federally owned lands, or lands that are held in trust by the Federal Government, its officers and agents in the coastal zone and over which a State does not exercise any control as to use. 10 This section addresses considerations of living resources having special significance in boundary determination. (a) Living Coastal Resources Consideration - Boundary setting procedures should reflect pro- tection, preservation, and restoration of living resources. Regardless of the criteria used, the principle of ecological integrity (e.g., alteration of the system at one point may adversely impact other locations, such as downstream effects of upstream land use changes) should be considered. There are definite advantages in adopting bio- physical criteria for boundary determination, since they can be used to accommodate such things as natural biogeochemical cycles (which should be protected or managed to avoid damage to important habitats). Natural biophysical boundaries often reflect the distribution of major habitats and biological communities in the coastal zone. Application of biophysical criteria will result in objective determination of boundaries, since the distribution and functional relationships of many organisms in coastal areas do not recog- nize political boundaries. (b) Management Continuity - There is a need to provide consistent management programs in instances where existing or proposed boundaries would bisect important habitat areas. This consideration is important at interstate boundaries where coordinated arrangements are appropriate to ensure adequate consideration of living resources. For example, States that share an important coastal area, such as an ex- tensive salt marsh that supports an endangered species, should develop coordinated management plans for that area. Another example involves anadromous species (e.g., salmon, striped bass, sturgeon) which have spawning areas in the tidal freshwater reaches of estuary river systems. Effective control over such species and habitats requires management con- tinuity across boundaries. 11 2. Permissible Uses The Act requires each State Program to have a defini- tion of what shall constitute permissible land and water uses that directly and significantly impact on coastal waters (Sec. 305(b)(2)). Programs must also include broad guidelines on priority of uses in particular areas, including specifically those uses of lowest priority Sec. 305(b)(5)). (a) Permissible Use Designation •- Permissible use designation is a critical stage in the planning process, since each State will use this designation to establish guidelines and subsequently policies, procedures, and conditions, under which various uses or classes of uses will be permitted within the coastal zone. According to the CZM Regulations, 15 C.F.R. 923.12, these guidelines should be based upon methods which include: - an inventory of natural and manmade coastal resources, - analyses or establishment of methods for analysis of, i) "The capabilities of each resource for supporting various types of uses (in- cluding the capacity for sustained and undiminished yield of natural resources) ii) The suitability for such resource utili- zation when evaluated in conjunction with other local, regional, and state resources and uses, iii) The impact of various resource uses upon the natural environment (air, land and water)." In designating permissible uses and establish- ing policies that address the priority of uses in coastal areas, planners should focus on those 12 parts of the Act's intent for protection, pres- ervation, and restoration of living resources, habitats, and their uses. These factors should also be considered in the development of admin- istrative procedures and documents (e.g., cri- teria, standards, and regulations that establish conditions for permissible uses in the coastal zone. (b) Permissible Use Impacts - Impact significance is associated with the extent of biological, social, and economic change resulting from an action. Ex- amples of significance taken from the Council on Environmental Quality Guidelines ZJ include actions that: 1) result in degradation of the quality of the environment; 2) curtail the range of bene- ficial uses of the environment; and 3) serve short-term, to the disadvantage of long-term, environmental goals. The following classes of impacts, identified in the National Estuary Study have been found par- ticularly destructive to living resources 3/ and should be included to evaluate which specific uses should be established as Permissible Uses. filling turbidity increases deepening noxious odor obstruction tributary flow control shoaling saltwater barriers 2/ Council on Environmental Quality, 1973, Guidelines for preparation of environmental impact state- ments. Federal Register 38, (147-pt. II): 20550- 20562. 3/ United States Department of Interior, Bureau of Sport Fisheries and Wildlife and Bureau of Commercial Fisheries, National estuary study, 1970, 2:149. 13 segmentation freshwater conversion habitat isolation substrate modification wetland drainage oil pollution wetland flooding thermal pollution bulkheading (dike, levee) sewage pollution freshwater diversion industrial waste pollution tidal intrusion agricultural waste disposal circulation modification solid waste disposal excessive fertilization pesticide pollution fertility reduction For example, power plant construction and opera- tion, oil exploration and development, and logging involve a number of these classes and thus directly and significantly impact the coastal zone. (c) Coastal Dependency - Dependency of uses for siting on or near coastal waters should be con- sidered in developing policies and procedures to regulate Permissible Uses. Many uses with doc- umented adverse impacts upon living resources depend on coastal locations. Certain other uses, such as residential housing developments and high- rise condominiums, are not dependent on the coast or water and in areas where adverse impacts would occur should be considered for inland or other alternative siting. 3. Geographic Areas of Particular Concern The Act, while noting the importance of the entire coastal zone, states that certain areas need special attention. The Act requires that each State make "an inventory and designation of areas of particular concern within the coastal zone" (Sec. 305(b)(3)), and that provisions be made for "procedures whereby specific areas may be designated for the purposes of preserving or restoring them for their conservation, recreational, ecological, or esthetic 14 values" (Sec. 306(c)(9). CZM Regulations also pro- vide the following guidelines regarding designation (15 C.F.R. 923.13(a)): (1) Areas of unique, scarce, fragile or vulner- able natural habitat, physical feature, historical significance, cultural value, and scenic importance; (2) Areas of high natural productivity or essential habitat for living resources, including fish, wildlife, 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 on the use of, or access to, coastal waters; (5) Areas of unique geologic or topographic significance to industrial or commercial development; (6) Areas of urban concentration where shore- line use and water uses are highly competitive; (7) Areas of significant hazard if developed, due to storms, slides, floods, erosion, settle- ment, etc.; (8) Areas needed to protect, maintain or replenish coastal lands or resources, including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. Once these areas are designated, States are required to provide policies or actions to manage the Geographic Areas of Particular Concern (15 C.F.R. 923.13(b)). In addition, it is necessary that "the management Program makes provisions for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or esthetic values" (Sec. 306(c)(9)). 15 (a) Living Resources and Geographic Areas of Particular Concern - Regardless of the purpose for designation, nearly all of the areas cited under 15 C.F.R. 923.13(a) include features of importance to living resources and their assoc- iated economic and social values. Examples of unique, fragile, or vulnerable habitats include coral reefs, salt marshes, kelp beds, waterfowl staging areas, and promontories used by marine mammals and birds. Areas of high natural pro- ductivity or essential habitat include estuaries, areas of upwelling, eelgrass beds, coastal fresh- and brackish-water marshes, and oyster reefs. Areas of substantial recreational value include coastal barrier islands and sport fishing areas. Areas needed to protect, maintain, or replenish coastal lands or resources include some coastal flood plains, deltas, mangrove stands, and hardwood swamps. Management plans for Geographic Areas of Particular Concern should reflect the need for protection, preservation, and restoration of these resources. Ecological principles (see table 1) should be particularly useful in delineating minimum bound- aries for successful management. Boundary selec- tion should allow for essential ecological and human use features, such as buffer zones, access points, natural drainage areas, and natural energy storage zones needed to accomplish each area's designated purposes. Existing or potential ex- ternal sources of adverse effects should be identi- fied (e.g., undesirable downstream effects due to headwater pollution), and their controls should be designed as part of each plan. (b) Areas of Preservation and Restoration - The Act states that some Geographic Areas of Particular Concern may be designated as Areas of Preservation and Restoration. Habitat areas 16 of outstanding or potentially outstanding re- source and social value should be considered in area designation and in the development of management objectives, policies, and procedures. Particular emphasis should be given to areas in imminent and potential danger of destruction and degradation; areas with important public hunting, commercial and recreational fishing, and scientific value; and degraded areas of historically high productivity or value, such as shellfish beds and nursery and spawning grounds. 4. State-Federal Interaction and National Interest (a) Cooperation - States have the predominant Coastal Zone Management responsibility under the Act, yet no single level of government can carry out the task adequately. There remains a shared responsibility calling for a partnership of local, State, and Federal entities. A substan- tial burden is placed on the States to obtain Federal involvement, as well as local government participation. The Act and CZM Regulations specify key charges to Federal agencies to: (1) cooperate and participate in furthering the purposes of the Act; (2) assume key responsibility for articu- lating agency and national views; (3) review and comment on programs before approval ; (4) seek mediation of serious disputes if they arise; (5) seek consistency with approved State Programs. 17 At the same time, States are required to: (1) provide for the opportunity of full participation by Federal agencies; (2) demonstrate that the views of the Federal agencies have been adequately considered (e.g., letter, questionnaires, meetings). (b) National Interest - The Act recognizes and makes provision for considering coastal zone management matters of National concern. This consideration takes form in the Congressional findings in Sec. 302 of the Act: "There is a National interest in the effective management, beneficial use, protection, and development of the coastal zone." (Sec. 302(a)); and "The management program provides for adequate consideration of the National interest involv- ed in the siting of facilities necessary to meet requirements which are other than local in nature." (Sec. 306(c)(8)). There is a substantial National interest in living resources of the coastal zone as well as their associated social and economic values. The missions, programs, and authorities of FWS and NMFS reflect this National interest. 5. Public and Government Involvement The Act (Sec. 303(d)) declares it National policy "to encourage the participation of the public, of Federal, State and local governments, and of regional agencies in the development of coastal zone management programs." The implementing regulations (Sec. 306) interpret this statement of policy to mean: "It is the intent of these requirements for coordination with government and private bodies 18 to assure that the State, in developing its management program, is aware of the full array of interests represented by such organizations, that opportunity for participation was provided, and that adequate consultation and cooperation with such bodies has taken place and will con- tinue in the future." (15 C.F.R. 923.30) Many private organizations and citizen groups have both interest and expertise in values of living coastal resources and associated habitats. These include: commercial fishing associations and co- operatives; sportsmen organizations, ranging from city or county chapters to State-wide chapters of National organizations (e.g., National Audubon Society, National Wildlife Federation). Public review procedures developed as part of the State Programs should provide for coordination with these organizations and interests. 6. State Authorities and Organization The State-Federal interactions discussed in Sections 4 and 5 have organizational implications. For example, implementation of the Act's consistency provisions will require development of State-Federal organizational arrangements and procedures. While not requiring de- tailed procedures, each State Program submission must include a description of the general intent and organ- izational responsibilities of the State in relating to Federal agencies . Program implementation will require that the State set forth the mechanism(s) whereby State and Federal agencies can continue to assess the National interest in the siting of facilities. Finally, State organizations should be responsive to inevitable modi- fications, refinements, and reactions to changing Federal laws, policies, and administrative practices. 19 A number of Federal laws and their associated procedures, which are summarized in Appendix A, relating to conser- vation of living coastal resources should be considered in the development of State Coastal Zone Management Program authorities and design of organizations. For example, the Fish and Wildlife Coordination Act requires routine participation by Federal and State Fish and Wildlife agencies in review of certain coastal develop- ments (e.g., Corps of Engineers Section 10 and Section 404 permit applications, Environmental Protection Agency, National Pollution Discharge Elimination System permit applications, and Federal water resource development projects). The extent to which these existing author- ities and procedures may interact with, overlap, or duplicate proposed State Program authorities, organiza- tions, and procedures should be considered. 20 III. SOURCES OF FWS AND NMFS TECHNICAL ASSISTANCE FWS and NMFS constitute the Federal fish and wildlife agencies. FWS administers Federal programs for sport fish (excluding migratory marine species), water fowl and other birds, terrestrial and marine mammals (manatees, polar bears, sea otters, and walruses), and certain endangered species. NMFS administers analogous programs on commercial fish, migratory marine sport fish, marine mammals (porpoises, seals, sea lions, and whales), and certain endangered species Both agencies have capabil- ities and information available for use in developing State Coastal Zone Management Programs. The following two sections identify programs and activities relevant to coastal zone planning. Appendix B identifies key points of contact in these two agencies. A. U.S. Fish and Wildlife Service FWS carries out coastal zone and Great Lakes programs of importance to coastal zone planning within the broad categories of fishery and wildlife resources and habitat conservation. Habitat conservation activities include evaluation and related research and monitoring of the effects of environmental change caused by habitat al- teration, pollution, and other factors on the quality and quantity of natural ecosystems, as related to fish and wildlife resources and use. This involves partic- ipation in comprehensive planning for land and water use, assessment of how development projects initiated by Federal developmental and regulatory agencies affect fish and wildlife, actions to protect and enhance fish and wildlife habitats and associated ecological values, and preservation of unique ecosystems. Wild- life resource programs involve management of popula- tions and habitats for migratory birds and those mammals and nonmigratory birds for which FWS has re- sponsibilities. These programs encompass management operations aimed at producing and maintaining 21 wildlife resources both on and off Service-controlled lands. Fishery programs include technical assistance, research, enforcement, and other management activities related directly to developing and maintaining sport fishery resources. 1. Programs and Technical Assistance Relevant to Coastal Zone Management (a) Land and Water Resource Development Planning Program - This program involves two main parts; The first is environmental impact analysis activi- ties required by the Fish and Wildlife Coordination Act. This law requires that whenever the waters of any stream or other body of water are proposed or authorized to be controlled or modified for any purpose whatever, by any department or agency of the United States, or by any public or private agency under Federal permit or license, such department or agency must first consult with the FWS and the appropriate State fish and wildlife departments with a view toward conserving fish and wildlife resources. Reports and recommendations prepared pursuant to this requirement must be given full consideration in the plans, designs, and reports of the appropriate Federal agencies. Primary activities taking place within the Coastal Zone under this program particularly include re- views and reports on projects proposed to be permitted under Section 10 of the River and Harbor Act of 1899 and Sections 402 and 404 of the Federal Water Pollution Control Act Amendments of 1972, Federal Navigation Projects, Ocean Dump- ing Permits, and other activities subject to the procedural requirements of the Fish and Wildlife Coordination Act. The second major part of this program consists of assistance given directly to appropriate agencies on comprehensive planning studies; areawide and regionwide resource studies; and unique area studies, such as those for Wilderness Areas, Natural Areas, and Wild and Scenic Rivers. 22 (b) Biological Services Program - This program involves research and planning directed to environ- mental issues and problems of critical importance to fish and wildlife. It is designed to provide improved ecosystems information, baseline data, planning and impact evaluation methods, and ex- pertise. Biological Services Program Activities focus on methodologies and information that can be applied to evaluate specific projects or activities and not be actual project evalua- tions. The Program's objective is to provide improved ecological input to the Department of the Interior and other resource development programs and thereby improve FWS effectiveness in land and water resource development plan- ning, environmental contaminant evaluation, and related programs. Specific areas of the program that have relevance to coastal zone management include the Coastal Ecosystems Project that focuses on environmental problems associated with tidal wetlands, beaches, islands, estuaries, contiguous ocean waters of the continental shelf, and shorelands of the Great Lakes. Emphasis is placed on ecological characterizations of large coastal areas (e.g., Chenier Plain, SW Louisiana) that will provide descriptive baseline information and a structured informational system of fish and wildlife resources. Ecological data needs and analyses required by the Outer Continental Shelf Oil and Gas Development and Deepwater Ports are coordinated within the Coastal Ecosystems Project. Other projects in the program that have significance for Coastal Zone Management include the National Wetlands Inventory, and Power Plant and Biological Indicators Projects. (c) Environmental Contaminant Evaluation (Biological Monitoring Program) - This pro- gram involves detection of trends in environ- mental quality as measured by chemical residues in selected fish and wildlife species, research 23 into the effects of environmental contaminants on fish and wildlife and their habitats, review and administration of FWS and FWS-sponsored pesticide uses, and provision of technical assis- tance related to environmental contaminants. An important element of this program in the coastal zone assists in identifying contaminated or de- clining bird populations and identifying of areas in the aquatic environment that are relatively uncontaminated. (d) Migratory Birds Program - This program carries out mandates of the Migratory Bird Treaty Act, Migratory Bird Conservation Act, and Migratory Bird Hunting Stamp Act and in- cludes such aspects as migratory surveys, research, migratory and habitat evaluation and acquisition, law enforcement, and development of annual hunting regulations and other reg- ulations relative to game and nongame migratory bird species. Also the program is responsible for development of National waterfowl manage- ment plans, as well as comprehensive plans for other migratory species in coordination with State conservation agencies. (e) Mammals and Nqnmigratory Birds Program - This program includes certain activities related to wildlife species other than migratory birds and endangered and threatened species. Emphasis is placed on providing recreation of big- and small- game hunting that recognized the National demand for these resources. Close coordination with the States is exercised in comparing the existing and future estimates of demands and supplies of these resources so that elements of need can be identified that can be used to develop operational program priorities. A major effort is devoted to the prevention of establish- ment of nonindigenous species in the National Ecosystem. Management efforts focus on provid- ing and encouraging productive habitats and com- patible land uses for identified priority species and eliminating land uses that are inconsistent with the animals' ability to replace their numbers 24 (f) Coastal Anadromous Fisheries Program - This program involves conservation, development, and enhancement of anadromous fish populations (i.e., those with spawning and juvenile growth in fresh- water and maturation in marine waters). Principal activities include the identification of major spawning streams, critical nursery areas, and pro- posed recovery programs. An important function of the program is to provide anadromous fish through FWS-operated fish hatcheries, es- pecially Atlantic salmon, steelhead, coho, and chinook salmon, to meet the needs of the FWS, the U.S. Army Corps of Engineers, National Marine Fisheries Service, and certain States. Technical assistance on anadromous fish is provided to Indians and Eskimos in the State of Alaska and Indians in the States of Washington and Oregon. Grant responsibilities are administered under the Anadromous Fish Conservation Act of 1965 as amended. (g) Great Lakes Fisheries Program - This program includes management and research activities re- lating to improving the quality, abundance, pro- ductivity, and use of the Great Lakes Fishery resources. The program is carried out in cooper- ation with the International Great Lakes Fishery Commission, Canada, other U.S. Federal agencies, the eight Lake States, and commercial and sport fishing interests. The program includes Federal aid to the States, fish, fisheries, and lake en- vironmental research, fish culture and fish disease control, and sea lamprey research and control. The research program is carried out at seven laboratories and biological stations in- cluding the Great Lakes Fishery Laboratory at Ann Arbor, the Hammond Bay Station on upper Lake Huron, and the Sandusky, Ohio, Station on western Lake Erie. 25 Fishes for the Great Lakes are raised at seven National fish hatcheries, which provide most of the lake trout stocked in U.S. waters. (h) Endangered Species Program - This program consists of activities directly related to pres- ervation or restoration of both animal and plant species, subspecies, or populations listed by the Secretary of the Interior as endangered or threat- ened and all activities related to the determination and listing of candidate species or groups, as well as those activities related to the delisting process, It includes grant responsibilities under the Endan- gered Species Act of 1973. The program aids in the identification of species occupying the coastal zone, critical habitats, and the development of recovery plans. Under this pro- gram assistance is available in the interpretation of prohibited acts and restrictions „ There is the administration of permits that relate to economic hardship and scientific or propagation purposes. Of the listed endangered species in the coastal zone, FWS has jurisdiction over the American alli- gator, American crocodile, short-tailed albatross, Hawaiian dark-rumped petrel, brown pelican, Layson duck, Aleutian Canada goose, southern bald eagle, American peregrine falcon, arctic peregrine falcon, Mississippi sandhill crane, whooping crane, California clapper rail, light-footed clapper rail, California least tern, Cape Sable sparrow, dusky seaside sparrow, Morro Bay kangaroo rat, salt marsh harvest mouse, Florida panther, Columbian white tail deer, Key deer, red wolf, and West Indian manatee. (i) Grants-In-Aid (Federal Aid) Program - This program consists of the administration of Federal aid in fish and wildlife restoration grant pro- grams, which provide for management of fish and 26 wildlife resources through Federal financial assistance to States and revenue-sharing payments made to counties via the National Wildlife Refuge Fund. Technical assistance is given those exer- cising management control over land and water re- sources. The assistance includes analysis and advice on management practices, land use planning, and environmental quality, for the purpose of substantially improving the preservation, pro- duction, and use of fish and wildlife in the interest of the public. Research is undertaken to supply new information about fish and wildlife, their environments, their uses and their users, and new methods for management of those resources. Land is acquired to gain possession of lands, waters, or interest therein, by purchase, condemna- tion, lease, or gift. In the area of develop- ment, the program has the objective of the improvement of real property through con- struction of works and facilities and the alterations of soil, water, vegetation, and living resource populations. Other activities include hunter safety, resource survey, and maintenance of capital improvements. B. National Marine Fisheries Service NMFS carries out a variety of activities to discover, describe, develop, and conserve living marine (including estuarine and anadromous) resources within the broad cat- egories of resource management, research, and utilization. These activities include such things as biological research on economically and socially important species, analyses of economic aspects of fisheries operations, development of methods for improving catches, and in cooperation with the U.S. Department of State, participation in international fisheries affairs. In cooperation with the U.S. Coast Guard, NMFS carries on enforcement and surveillance opera- tions on the high seas and in territorial waters. NMFS studies marine game fish behavior and resources, seeks to describe ecological relationships between game fish and 27 other marine and estuarine organisms, and investigates how thermal and chemical modifications affect game fish. Also, NMFS participates in Federal environmental decision-making processes related to water resources and associated developments, including leasing of OCS lands for oil and gas development, participates in cooperative Federal - State fisheries management efforts leading to coordinated fisheries management actions over wide geographical areas, and carries out responsibilities under the Marine Mammal Protection Act of 1972 and the Endangered Species Act of 1973. 1 . Programs Relevant to Coastal Zone Management (a) Environmental Assessment Program - The primary objective of this program is to con- serve, protect, and enhance the marine, estuarine, and certain anadromous habitats of living marine resources. Activities involve consolidating NMFS expertise and applying it in cooperation with Federal, State, and local agencies involved in water resources planning and development, and conservation organizations and the general public to systematic participation in environmental decision-making. This program provides technical assistance to the resolution of discrete water resource problems. Considerable effort has been placed in Environmental Baseline Studies related to OCS oil and gas leasing and development. The program also supplies input to comprehensive water-use studies of national and regional signi- ficance. Efforts to prevent or reduce damage to the resource are promoted by reviewing and report- ing on dredge and fill proposals, Environmental Protection Agency waste discharge and ocean dumping permits, Corps of Engineers permits for construction in navigable waters, environmental impact statements, Nuclear Regulatory Commission and Federal Power Commission license applications, and proposed activities including water resource development projects and leasing and development of OCS areas for oil and gas. 28 (b) Environmental Research and Investigations - NMFS programs of environmental and ecological research are conducted to determine factors in- fluencing the production of living marine organisms and to establish baseline data in order to evaluate the ecological impacts of manmade and natural alter- ations. Also investigated are the cycling of pollu- tants through food chains and their effects on marine ecosystems and organisms, and the identifica- tion and definition of problem microconstituents in fish and fishery products. The program is directed toward understanding the physiological processes and basic requirements for life of important marine species. Studies include identification of the physiology of these animals and ascertaining their environmental requirements for reproduction, growth, and survival. Investigations of disease of marine animals are also in progress. In addition, research on the effects of contaminants is determining accept- able levels of pollutants in marine ecosystems. (c) Fishery Management Program - Operating under the Fishery Conservation and Management Act of 1976, this NMFS program involves conservation and manage- ment of fisheries resources within the 200-mile U.S. fisheries conservation zone. Management authority extends beyond this zone with respect to anadromous species and Continental Shelf fisheries resources. Specific activities are directed to support of in- ternational management measures for highly migratory species, promotion of the U.S. commercial and rec- reational fishing industries, cooperative develop- ment of management programs for U.S. fish stocks, encouragement of the development of U.S. capabilities for harvesting and processing fish, and issuance of permits to foreign vessels. The program supports the activities of eight regional fisheries manage- ment councils, which are responsible for develop- ment of management plans and regulations for im- portant fish stocks. 29 (d) Grant-In-Aid Program - NMFS administers a grant program that provides financial assistance to States and other non-Federal interests under the Commercial Research and Development Act of 1964, 16 U.S.C. 779-779f and the Anadromous Fish Conservation Act of 1975, as amended, 16 U.S.C. 757a-757f. Studies carried out under this program include: life history, abundance, and distribution of commercial species; collection and analysis of data on landings; aquaculture technology; identification of spawn- ing streams and critical nursery areas; and development of proposed recovery programs for anadromous fishery resources. (e) Resource Assessment Program - The Marine Resources Monitoring, Assessment, and Prediction Program (MARMAP) is a National program that pro- vides systematic assessments of the principal U.S. fish and shellfish stocks. Principal ele- ments include resource surveys, analyses of commercial and recreational fish catches, fishery oceanography, and fishery engineering. Assess- ments of groundfish and pelagic fish populations are made by standardized sampling and subsequent studies of eggs, larvae, juveniles, and adults of the major stocks. This information is used to conserve stocks and to manage for optimal yields from other stocks. The stock assessments support the activities of the above-mentioned Fishery Management Program. They also support domestic management programs in cooperation with States in three interstate commissions and four State-Federal programs. (f ) Marine Recreational Fisheries Program - Conducted in cooperation with the coastal States , this Program is directed to increasing knowledge about marine recreational fish species and factors that affect their abundance, growth, and behavior. 30 To obtain information on fish migrations and abundance, NMFS cooperates with sport fishing or- ganizations and the coastal States in fish tagging activities. Studies have been undertaken to examine the productivity of artificial reefs and the effects of manmade changes on recreational fishing. Stat- istical studies are underway in coastal areas to quantify the angler effort, catch by species, and certain economic factors. Technical information and advice are provided on locating and building reefs and other sport fishing facilities, locating and developing new or underutilized sport fisheries, developing new equipment and techniques, organiz- ing workshops and forums for the exchange of infor- mation, and publishing materials designed to help fishermen enjoy their sport and properly care for and cook their catch. (g) The Columbia River Fisheries Development Program - Authorized by the Mitchell Act of May 11, 1938, 16 U.S.C. 755-757, as amended, this program is a cooperative NMFS/FWS/State function with the major portion of the work being contracted to the States of Idaho, Oregon, and Washington. The program goal is to restore Columbia River populations of salmon and steel head damaged by the construction of dams and other water development projects. The principal methods of restoration are the construction and operation of hatcheries, fishways, and fish screens. The program is fi- nancing the operations and maintenance of 21 fish hatcheries, 88 fishways, and over 500 fish screens. (h) Aquaculture Program - This program involves research and planning to make commercial pro- duction of selected species economically feasible. Aquaculture-produced crops will be required to supplement the supply of traditional fish and shellfish resources that will be in short supply in the future. Ongoing research is directed at 31 improving natural stocks and supplementing catches for both commercial and recreational fishermen. Current work centers upon culture of bivalve mollusks, Pacific salmon, and penaeid shrimp. (i) Marine Mammal Program - The NMFS Marine Mammal Program conducts various activities pursuant to its responsibilities for whales, porpoises, seals, and sea lions under the Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1407. This Act has generally placed a moratorium on taking and importing marine mammals and their products. Responsibilities include recommendations concern- ing proposed waivers of the moratorium, issuance of permits for scientific research and public display, enforcement of the provisions of the Act, participation in negotiations with other nations for the protection and conservation of marine mammals, and Federal cooperation with the States in administering the Act. Activities include research programs on distribution, abundance, habits, and biology aimed at protecting and conserving porpoises, whales, seals, and sea lions. Research on porpoises has been directed principally at re- ducing porpoise mortalities and injuries which occur incidentally to tuna purse seining. Other primary goals are to collect data on porpoise populations in the eastern tropical Pacific and to establish the status of these populations. (j) Endangered Species Program - This program involves administration of the Endangered Species Act of 1973, 16 U.S.C. 1531 et. SEQ., with respect to species under Department of Commerce juris- diction. Of the listed endangered species, NMFS has jurisdiction over the shortnose sturgeon, blue whale, gray whale, right whale, humpback whale, bowhead whale, fin whale, sei whale, sperm whale, Mediterranean monk seal, hawksbill sea turtle (both Atlantic and Pacific), leatherback sea turtle, and 32 Atlantic ridley sea turtle. This Act prohibits, with certain exceptions, taking, importing, or ex- porting of endangered species and their parts or products. Responsibilities include issuance of permits for scientific purposes or enhancement of propagation or survival (thereby allowing ex- ceptions to otherwise prohibited acts); recommend- ing limited exemptions in order to minimize undue economic hardship; enforcement of the provisions of the Act and regulations adopted thereunder; protection of critical habitat; encouraging for- eign countries to provide for the protection and conservation of endangered and threatened species; cooperating with States in administering the Act; identifying species occupying the coastal zone and critical habitats; and developing recovery plans. (k) Fisheries Statistics Program - NMFS collects, - stores, and publishes statistics on catches of the U.S. commercial fishing industry. Included are the volume and value of the commercial landings of fish and shellfish by species, region, State, and type of gear; number of fishing craft and gear operating in the fish- eries; production of processed fishery products; employment on fishing craft and in wholesale and fish processing establishments; and per capita consumption of commercial fishery products. NMFS also collects and publishes statistics on catch and fishing efforts in the Nation's saltwater recreational fisheries. (1) Pribilof Islands Management Program - The Fur Seal Act of 1966, 16 U.S.C. 1151-1187, charges the Secretary of Commerce with the management of the Northern fur seal and administration of the Pribilof Islands. NMFS supervises a harvest of male fur seals surplus to the needs for maintaining an ad- equate breeding population of the herds on St. Paul Island, Alaska, during a short period each summer in accordance with the terms of the convention on Conservation of North Pacific Fur Seals between the United States, Japan, Canada, and U.S.S.R. 33 (m) Economic and Marketing Research Program - This program serves the dual purpose of providing analytical support for the agency's policy and program functions, and providing economic analyses of market conditions for the fishing industry and consumer. Research consists principally of short- and medium-term studies directed toward economic aspects of issues related to extended fishery jurisdiction. Considerable effort is also devoted to improving the economic data base for the marine fishery with respect to cost and earnings of fishing vessels, marketing margins for fishery products, market structure of the fishing industry, analyses of demand for fishery products, inter- national trade and fishery products, and economic value of activities associated with marine rec- reational fishing. Market research and other an- alyses of current events, including short-term forecast of market conditions, provide timely information on economic conditions affecting the fishing industry and consumer. Information is transmitted to the public through scheduled pub- lications and special reports. 34 APPENDIX A FWS AND NMFS AUTHORITIES AND ACTIVITIES OF SIGNIFICANCE FOR COASTAL ZONE PLANNING C£S _= i— i _t _^ •a: C_> I— I CO U_ o 00 Q __ CO o CO Ll_ Q «=c CO 00 CO LU ■"3 O -»-> s- co +-> CO CD CD C "O E (O CD 1 M- CD <+_ 1 1 en CD 1 4-> c c a) 1— _Z to O co •0 CO n CD c: c: •r- - CD ra •C- •!— fO 1 E •!--»-><_ 4-> £_ CD CO CD ra •1 — CL+J «r- E C -1- C cd E c cuo $- +J c: s- c > •<- to •■— S. IO -P-r- CD •* •■- __ to CD £_ -I- Q. C !_ cd -a cd s- c ra to CO 4-> fO •— - E ra ■*-> CD _5 •r- > ra <♦_ -- CD -r- C_ S- U HI Q)tl c: +■> CD •r- 2 +J CD ra ■M E +-> "1 — > 4-> O C Q. E E ra •i— E S <0 CD4-> 1 — • _1 Q. CO ra +-> 4-> CD to CD O • O a> fo E ^ +-> S- 4-> _. ra c: _j to CD 1 — (O CT3 CD T3 ra 4-) a en -0 •f— O CD O +J C CD CD C 1 — !_ _5 S- CD t- -t-> cd > d) en CD E > ro • «i CD CO C C "O -c •1 — S- c •1 — EOS.T- S- > >^ CD am +-> to c to a> •!- c_> O CD ra CD c: CD +J S_ CD _. 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C S- IO O. E O fO ao: Q_ 03 Q-T3 CO CO s- cu ■ — > 2 c •1 — - o o C£ co 4- •I — S-. S_ 00 S- CU CU c cu E +-> cu c OO S- 03 -»-> o 03 03 2 X E S- 4- CU i— u_ >> 03 O S- T3 O0 cu +J O c -c ■•-> 03 CU 4-> CU 03 >> CD S- C CU 4- 03 CD O -^ O E -r- •i- O 03 E -(-> O 00 "O 03 00 CU >> > •1 — 4-> -O. i~ CU £_ E C CU -C CU CU CU 00 00 4-> .c +J > Q- CU 00 oo CU O i. 4- •1— >> i_ S- Q_ O 4- 00 Q_ O IX) 4- tO -^ r-~ C 4- r-^ •i — o i o_ tO +-> r^ s- a r*» o> c cu o #k «\ j*: ENS o r— "3- «3- o 03 CD CD CO CO i — i — CO +J 03 r-^ T3 CU a i~ 4-> Q. o to CU 1 +-> cu c\j 03 s- >^- 3 Q. >^- APPENDIX B KEY COASTAL ZONE MANAGEMENT CONTACTS WITHIN FWS, NMFS, AND OCZM 1. KEY CONTACTS WITHIN THE U.S. FISH AND WILDLIFE SERVICE The following individuals have been designated by the Regional Directors of the U.S. Fish and Wildlife Service as the points of contact within their respective regions for coastal zone management purposes. These in- dividuals have been appointed to the Secretary's Special Assistants' Intra-Departmental Field Coastal Zone Group. Region 1 (Washington, Oregon, California, Hawaii, Guam) Jay Watson, Coastal Ecosystem Activities Leader (Region) P. 0. Box 3737, 1500 N.E. Irving Street Portland, OR 97208 (503/234-3361 Ext. 5263) Gary Kline, Fish and Wildlife Biologist (Washington) P. 0. Box 1487 Olympia, WA 98507 (206/943-7200 Ext. 391) Ronald Weaver, Fish and Wildlife Biologist (Oregon) 919 N.E. 19th Avenue Portland, OR 97232 (503/243-3361) Felix Smith, Field Supervisor, Ecological Services (California) Room E-2727, Federal Office Bldg., 2800 Cottage Way Sacramento, CA (916/484-4731) Maurice Taylor, Area Supervisor, Ecological Services 821 Mililani Street Honolulu, HA 96813 (808/546-5602) Region 2 (Texas) Joseph Higham, Field Supervisor Room 327, U.S. Custom House Galveston, TX 77550 (713/763-1211) Region 3 (Minnesota, Wisconsin, Michigan, Illinois, Indiana, Ohio) Richard Huber, Stream Alteration Activity Leader Federal Building, Fort Nelling Twin Cities, MN 55111 (FTS 8/474-2914) B-l Region 4 (North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana) James Kirkwood, Coastal Ecosystem Activities Leader 17 Executive Park Drive, N.E. Atlanta, GA 30329 (FTS 8/285-4671) Region 5 (Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Delaware, Pennsyl- vania, Maryland, Virginia) Ralph Andrews, Coastal Ecosystem Activities Leader U.S. Post Office and Courthouse Boston, MA 02109 (FTS 8/223-2983) Alaska Area Melvin Monson, Fish and Wildlife Administrator 813 D Street Anchorage, AK 99501 (907/265-4896) B-2 2. KEY CONTACTS WITHIN THE NATIONAL MARINE FISHERIES SERVICE* Director National Marine Fisheries Service Washington, D. C. 20235 202/634-7283 Regional Director, Northeast Region National Marine Fisheries Service Federal Building, 14 Elm Street Gloucester, MA 01930 (Connecticut, Delaware, Illinois, Indiana, Maine, Maryland, Massa- chusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Virginia, Wisconsin) Regional Director, Southeast Region National Marine Fisheries Service Duval Building, 9450 Gandy Boulevard St. Petersburg, FL 33702 813/893-3141 (Alabama, Florida, Georgia, Louisiana, Mississippi, North Carolina Puerto Rico, South Carolina, Texas, Virgin Islands) Regional Director, Southwest Region National Marine Fisheries Service 300 South Ferry Street Terminal Island, CA 90731 213/548-2575 (American Samoa, California, Guam, Hawaii) Regional Director, Northwest Region National Marine Fisheries Service 1700 Westlake Avenue N. Seattle, WA 98109 206/442-7575 (Oregon, Washington) B-3 Regional Director, Alaska Region National Marine Fisheries Service P. 0. Box 1668 Juneau, AK 99801 907/586-7221 (Alaska) * The Regional Directors are the principal National Marine Fisheries Service contacts on CZM matters for coastal states within their respec- tive regions. B-4 3. KEY CONTACTS WITHIN THE OFFICE OF COASTAL ZONE MANAGEMENT Washington, D.C. 20235 Kathryn Cousins Grant Dehart Eileen Mulaney John Sun Carol Sondheimer Northeast Regional Coordinator 202/634-4235 Pacific Regional Coordinator 202/634-4235 Great Lakes Regional Coordinator 202/634-4235 Middle Atlantic Regional Coordinator 202/634-4235 Southeast Regional Coordinator 202/634-4235 Richard Gardner Deputy Assistant Administrator (Regional Coordination Overview) 202/634-4232 B-5 APPENDIX C THE COASTAL ZONE MANAGEMENT ACT OF 1972, SECTION 305 REGULATIONS, AND SECTION 306 REGULATIONS Public Law 92-583 92nd Congress, S. 3507 October 27, 1972 3o2ct To establish a national policy and develop a national program for the manage- ment, beneficial use, protection, and development of the land and water resources of the Nation's coastal zones, and for other purposes. lie it enacted by the Senate and House of Representatives of the / ' nited States of America in Congress assembled. That the Act entitled "An Act to provide for a comprehensive, long-range, and coordinated national program in marine science, to establish a National Council on Marino Resources and Engineering Development, and a Commission on Marine Science, Engineering and Resources, and for other pur- poses", approved June 17. 1906 (80 Stat. -20:5), as amended (33 U.S.C. 11(11-1 1-24), is further amended by adding at the end thereof the fol- lowing new title : 86 STAT, 1280 Marine Re- sources and Engineering Development Aot of 1966, amendment. 80 Stat. 998 j 84 Stat. 865. TITLE III— MANAGEMENT OE THE COASTAL ZONE 0^ T 'O4, '7?&-\& b & SHOUT TITLE Sec. 301. This title may be cited as the "Coastal Zone Management Act of 1972". CONGRESSIONAL FINDINGS OKC. 302. The Congress finds that — (a) There is a national interest in the effective management, bene- ficial use, protection, and development of the coastal zone ; (b) The coastal zone is rich in a variety of natural, commercial, rec- reational, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation; (c) The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and eco- nomic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and har- vesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion ; (d) The coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and conse- quently extremely vulnerable to destruction by man's alterations; (e) Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost; (f ) Sj>ecial natural and scenic characteristics are being damaged by ill-planned development that threatens these values ; (g) In light of coni|>eting demands and the urgent need to protect and to give high priority to natural systems in the coastal zone, pres- ent state and local institutional arrangements for planning and regu- lating land and water uses in such areas are inadequate; and (h) The key to more effective protection and use of the land and water resources of the coastal zone is to encourage the states to exercise their full authority over the lands and waters in the coastal zone by assisting the states, in cooj>e] ation with Federal and local governments and other vitally affected interests, in developing land and water use programs- for the coastal zone, including unified policies, criteria, standards, methods, and processes for dealing with land and water use decisions of more than local significance. 83-081 O STAT. 1281 Pub. Law 92-583 - 2 - October 27, 1972 DECLARATION OF POLICY Sec. 303. The Congress finds and declares that it is the national policy (a) to preserve, protect, develop, and where possible, to restore or enhance, the resources of the Nation's coastal zone for this and succeeding generations, (b) to encourage and assist the states to exercise effectively their responsibilities in the coastal zone through the devel- opment and implementation of management programs to achieve wise use of the land and water resources of the coastal zone giving full consideration to ecological, cultural, historic, and esthetic values as well as to needs for economic development, (c) for all Federal agencies engaged in programs affecting the coastal zone to cooperate and par- ticipate with state and local governments and regional agencies in effectuating the purposes of tins title, and (d) to encourage the par- ticipation of the public, of Federal, state, and local governments and of regional agencies in the development of coastal zone management programs. With respect to implementation of such managament pro- grams, it is the national policy to encourage cooperation among the various state and regional agencies including establishment of inter- state and regional agreements, cooperative procedures, and joint action particularly regarding environmental problems. DEFINITIONS Sec 304. For the purposes of this title — (a) "Coastal zone" means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international bound- ary between the United States and Canada and, in other areas, seaward to the outer limit of the United States territorial sea. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters. Excluded from the coastal zone are lands the use of which is by law subject solely to the discretion of or which is held in trust by the Federal Government, its officers or agents. (b) "Coastal waters" means (1) in the Great Fakes area, the waters within the territorial jurisdiction of the United States consisting of the Great I^akes. their connecting waters, harbors, roadsteads, and estuary-type areas such as bays, shallows, and marshes and (2) in other areas, those waters, adjacent to the shorelines, which contain a measurable quantity or percentage of sea water, including, but not limited to, sounds, bays, lagoons, bayous, ponds, and estuaries. (c) "Coastal state" means a state of trie United States in, or bor- dering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Ixmg Island Sound, or one or more of the Great Lakes. For the pur- poses of this title, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Samoa. (d) "Estuary" means that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. The term includes estuary -type areas of the Great Lakes. (e) 'TCstuarine sanctuary'' means a research area which may include any part or all of an estuary, adjoining transitional areas, and adja cent uplands, constituting to the extent feasible a natural unit, set October 27, 1972 - 3 - Pub. Law 92-583 86 STAT. 1282 aside to provide scientists and students the opportunity to examine over a period of time the ecological relationships within the area. ( f ) "Secretary '' means the Secretary of Commerce. (g) "Management program" includes, but is not limited to, a com- prehensive statement in words, maps, illustrations, or other media of communication, prepared and adopted by the state in accordance with the provisions of this title, setting forth objectives, policies, and stand- ards to guide public and private uses of lands and waters in the coastal zone. (h) "Water use" means activities which are conducted in or on the water; but does not mean or include the establishment of any water quality standard or criteria or the regulation of the discharge or runoff of water pollutants except the standards, criteria, or regulations which are incorporated in any program as required by the provisions of section 307(f). (i) "Land use" means activities which are conducted in or on the shorelands within the coastal zone, subject to the requirements out- lined in section 307(g). MANAGEMENT PROGRAM DEVELOPMENT GRANTS Sec. 305. (a) The Secretary is authorized to make annual grants to any coastal state for the purpose of assisting in the development of a management program for the land and water resources of its coastal zone. (b) Such management program shall include: (1) an identification of the boundaries of the coastal zone sub- ject to the management program ; (2) a definition of what shall constitute permissible land and water uses within the coastal zone which have a direct and signifi- cant impact on the coastal waters; (3) an inventory and designation of areas of particular con- cern within the coastal zone; (4) an identification of the means by which the state proposes to exert control over the land and water uses referred to in para- graph (2) of this subsection, including a listing of relevant con- stitutional provisions, legislative enactments, regulations, and judicial decisions: (5) broad guidelines on priority of usee in particular areas, including specifically those uses of lowest priority; (6) a description of the organizational structure proposed to implement the management program, including the responsibili- ties and interrelationships of local, areawide, state, regional, and interstate agencies in the management process. (c) The grants shall not exceed 66% per centum of the costs of the Limitation. program in any one year and no state shall be eligible to receive more than three annual grants pursuant to this section. Federal funds received from other sources shall not be used to match such grant?. In order to qualify for grants under this section, the state must reasonably demonstrate to the satisfaction of the Secretary that such giants will be used to develop a management program consistent with the require- ments set forth in section 306 of this title. After making the initial grant to a coastal state, no subsequent grant shall be made under this section unless the Secretary finds that the state is satisfactorily devel- oping such management program. (d) Upon completion of the development of the state's management program, the state shall submit such program to the Secretary for 86 stat. 1283 Pub. Law 92-583 - 4 - October 27, 1972 Grants, allooation* 80 Stat. 1262; 82 Stat. 208. 42 USC 3334. fcxpiration date. Limitation. Allocation, Program requirements, review and approval pursuant to the provisions of section 300 of this title, or such other action as he deems necessary. On final approval of such program by the Secretary, the state's eligibility for further grants under this section shall terminate, and the state shall be eligible for grants under section 300 of this title. (e) Grants under this section shall be allocated to the states based on rules and regulations promulgated by the Secretary: Provided, however. That no management program development grant under this section shall be made in excess of 10 per centum nor less than 1 per centum of the total amount appropriated to carry out the purposes of this section. (f ) Grants or portions thereof not obligated by a state during the fiscal year for which they were first authorized to be obligated by the state, or during the fiscal year immediately following, shall revert to the Secretary, and shall l>e added by him to the funds available for grants under this section. (g) With the approval of the Secretary, the state may allocate to a local government, to an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, to a regional agency, or to an interstate agency, a portion of the grant under this section, for the purpose of carrying out the provi- sions of this section. (h) The authority to make grants under this section shall expire on .Tune 30, 1977. ADM I N 1STRATI VK GRA NTS Sec. 306. (a) The Secretary is authorized to make annual grants to any coastal state for not more than 66% per centum of the costs of administering the state's management program, if he approves such program in accordance with subsection (c) hereof. Federal funds received 'from other sources shall not be used to pay the state's share of costs. (b) Such grants shall bo allocated to the states with approved pro- grams based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other rele- vant factors: Provided, however, That no annual administrative grant under this section shall be made in excess of 10 per centum nor less than 1 pei- centum of the total amount appropriated to carry out the pur- poses of this section. (c) Prior to granting approval of a management program submitted by a coastal state, the Secretary shall find that : ( 1 ) The state has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full partici- pation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, public and private, which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title. (2) The state has: (A) coordinated its program with local, areawide. and inter- state 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 Secretary, which plans have been developed by a local government, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration October 27, 1972 - 5 - Pub. Law 92-583 86 STAT. 1284 Cities and Metropolitan Development Act of 1966, a regional 80 Stat. 1262; agency, or an interstate agency ; and 82 stat# 208# (B) established an effective mechanism for continuing con- 42 vsc 3334 « saltation and coordination between the management agency desig- nated pursuant to paragraph (^5) of this subsection and with local governments, interstate agencies, regional agencies, and area wide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the pur- poses of this title. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (I) of this subsection. (7) The state has the authorities necessary to implement the pro- gram, including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserv- ing or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, area wide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with th'fi management program. Such authority shall include power — (1) to administer land and water use regulations, control devel- opment in order to ensure compliance with the management pro- gram, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to acliieve conformance with the manage- ment program. (e) Prior to granting approval, the Secretary shall also find that the program provides : (1) for any one or a combination of the following general tech- niques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforce- ment of compliance ; (R) Direct state land and water use planning and regula- tion : or (C) 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. 86 stat. 1285 Pub. Law 92-58 3 - 6 - October 27, 1972 (J) for n method of assuring that local laud and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit, (f) With the approval of the Secretary, a state may allocate to a local government, an area wide agency designated under section ^04 of the Demonstration Cities and Metropolitan Development Act of 60 stat. 1262; liKitl. a regional agency, or an interstate agency, a portion of the grant 82 stat. 208. under this sect ion for the purpose of carrying out the provisions of this 42 use 3334. section: I'rocidvd. That such allocation* shall not relieve the state of the responsibility for ensuring that any funds so allocated are applied in furtherance of such state's approved management program. Program (g) The state shall be authorized to amend the management pro- modification, grain. The modification shall be in accordance with the procedures required under subsection (c) of this section. Any amendment or modification of the program must be approved by the Secretary before additional administrative grants are made to the state under the pro- gram as amended. Segmental (h) At the discretion of the state and with the approval of the development. Secretary, a management program may he developed and adopted in segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management pro- grams: Provided. That the state adequately provides for the ultimate coordination of the various segments of the management program into a single unified program and that the unified program will be com- pleted as soon as is reasonably practicable. IXTKRAGEXCY COORDINATION AND COOI'KK ATIO.V Sec. 307. (a) In carrying out his functions and responsibilities under this title, the Secretary shall consult with, cooperate with. and. to the maximum extent practicable, coordinate his activities with other interested Federal agencies. (b) The Secretary shall not approve the management program sub- mitted by a state pursuant to section 'MWt unless the views of Federal agencies principally affected by such program have been adequately considered. In case of serious disagreement between any Federal agency and the state in the development of the program the Secre- tary, in cooperation with the Executive Office of the President, shall seek to mediate the differences. (c)(1) Kach Federal agency conducting or supporting activities directly affecting the coastal zone sh;>ll conduct or -support those activities in a manner which is. to the maximum extent practicable, consistent with approved state management programs. (■2) Any Federal agency which shall undertake any development project in the coastal zone of a state shall insure that the project is, to the maximum extent practicable, consistent with approved state management programs. Certification. ( '■*•) After final approval by the Secretary of a state's management program, any applicant for a required Federal license or permit to conduct an activity affecting land or water uses in the coastal zone of that state shall provide in the application to the licensing or permit- ting agency a certification that the proposed activity complies with the state's approved program and that such activity will be conducted in a manner consistent with the program. At the same time, the appli- cant shall furnish to the state or its designated agency a copy of the certification, with all necessary information and data. Each coastal state shall establish procedures for public notice in the case of all such October Ll , 1972 - 7 - Pub. Law 92-583 86 STAT. 1286 certifications and, to the extent it deems appropriate, procedures for public hearings in connection therewith. At the earliest practicable Notification. time, the state or its designated agency shall notify the Federal agency concerned that the state concurs with or objects to the applicants certification. If the state or its designated agency fails to furnish the required notification within six months after receipt of its copy of the applicant's certification, the state's concurrence with the certification shall be conclusively presumed. No license or permit shall be granted by the Federal agency until the state or its designated agency has con- curred with the applicant's certification or until, by the state's failure to act, the concurrence is conclusively presumed, unless the Secretary, on his own initiative or upon appeal by the applicant, finds, after pro- viding a reasonable opportunity for detailed comments from the Fed- eral agency involved and from the state, that the activity is consistent with the objectives of this title or is otherwise necessary in the interest of national security. (d) State and local governments submitting applications for Fed- eral assistance under other Federal programs affecting the coastal zone shall indicate the views of the appropriate state or local agency as to the relationship of such activities to the approved management pro- gram for the coastal zone. Such applications shall be submitted and coordinated in accordance with the provisions of title IV of the Inter- governmental Coordination Act of 1968 (82 Stat. 1098). Federal agen- 42 use 4231. cies shall not approve proposed projects that are inconsistent with a coastal state's management program, except upon a finding by the Secretary that such project is consistent with the purposes of this title or necessary in the interest of national security. (e) Nothing in this title shall be construed — (1) to diminish either Federal or state jurisdiction, responsi- bility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters; nor to displace, supersede, limit, or modify any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more states or of two or more states and the Federal Government; nor to limit the authority of Congress to authorize and fund projects ; (2) as superseding, modifying, or repealing existing laws appli- cable to the various Federal agencies; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, the Permanent Engineering Board, and the United States operating entity or entities established pur- suant to the Columbia River Basin Treaty, signed at "Washington, January 17. 1901. or the International Boundary and Water Com- mission, United States and Mexico. (f ) Notwithstanding any other provision of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air £nte, p. 816. Act, as amended, or (2) established by the Federal Government or by 81 Stat. 485; any state or local government pursuant to such Acts. Such require- 84 Stat. 1676. ments shall be incorporated in any program developed pursuant to 42 usc 1857 this title and shall be the water pollution control and air pollution note# control requirements applicable to such program. (g) When any state's coastal zone management program, submitted for approval or proposed for modification pursuant to section 306 of this title, includes requirements as to shorelands which also would be subject to any Federally supported national land use program which may be hereafter enacted, the Secretary, prior to approving such pro- Pub. Law 92-583 - 8 - October 27, 1972 gram, shall obtain the concurrence of the Secretary of the Interior, or such other Federal official as may be designated to administer the national land use program, with respect to that portion of the coastal zone management program affecting such inland areas. PUBLIC HEARINGS Sec. -'508. All public hearings required under this title must be announced at least, thirty days prior to the hearing date. At the time of the announcement, all agency materials pertinent to the hearings, including documents, studies, and other data, must be made available to the public for review and study. As similar materials are subse- quently developed, they shall l>e made available to the public as they Iwrome available to the agency. Financial assistance* termination. Audit. Costal Zone Management Advisory Committee* establishment; membership. ^orrpensation* travel ex- penses. REVIKW OF PERFORMANCE Sec. ."509. (a) The Secretary shall conduct a continuing review of the management programs of the coastal states and of the performance of each state. (b) The Secretary shall have the authority to terminate any financial assistance extended under section :>06 and to withdraw any unexpended poition of such assistance if (1) he determines that the state is failing 1o adhere to and is not justified in deviating from the program approved by the Secretary; and (•>) the state has been given notice of the proposed termination and withdrawal and given an opportunity to present evidence of adherence or justification for altering its program. RECORDS Sec. olO. (a) Each recipient of a grant under this title shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition of the funds received under the grant, the total cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, docu- ments, papers, and records of the recipient of the grant that are perti- nent to the determination that funds granted are used in accordance with this title. ADVISORY COMMITTEE Sec. :>ll. (a) The Secretary is authorized and directed to establish a Coastal Zone Management Advisory Committee to advise, consult with, and make recommendations to the Secretary on matters of policy concerning the coastal zone. Such committee shall be composed of not more than fifteen persons designated by the Secretary and shall per- form such functions and operate in such a manner as the Secretary may direct. The Secretary shall insure that the committee member- ship as a group possesses a broad range of experience and knowledge relating to problems involving management, use, conservation, pro- tection, and development of coastal zone resources. (b) Memlwrs of the committee who are not regular full-time e.mplovees of the United States, while serving on the business of the committee, including traveltime, mav receive compensation at rates not. exceeding $100 per diem; and while so serving away from their October 27, 1972 - 9 - Pub. Law 92-583 86 SJAT. 1288 homes or regular places of business may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for individuals in the Govern- 80 Stat. 499; ment service employed intermittently. 83 Stat. 190. ESTUARINE SANCTUARIES Sec. 312. The Secretary, in accordance with rules and regulations Grants. promulgated by him, is authorized to make available to a coastal state grants of up to 50 per centum of the costs of acquisition, development, and operation of estuarine sanctuaries for the purpose of creating natural field laboratories to gather data and make studies of the natural and human processes occurring within the estuaries of the coastal zone. The Federal share of the cost for each such sanctuary Federal share. shall not exceed $2,000,000. No Federal funds received pursuant to section 305 or section 306 shall be used for the purpose of this section. ANNUAL REPORT Sec. 313. (a) The Secretary shall prepare and submit to the Presi- dent for transmittal to the Congress not later than November 1 of each year a report on the administration of this title for the preceding fiscal year. The report shall include but not be restricted to (1) an identifi- cation of the state programs approved pursuant to this title during the preceding Federal fiscal year and a description of those programs; (2) a listing of the states participating in the provisions of this title and a description of the status of each state's programs and its accom- plishments during the preceding Federal fiscal year; (3) an itemiza- tion of the allocation of funds to the various coastal states and a breakdown of the major projects and areas on which these funds were expended ; (4) an identification of any state programs which have been reviewed and disapproved or with respect to which grants have been terminated under this title, and a statement of the reasons for such action; (5) a listing of all activities and projects which, pursuant to the provisions of subsection (c) or subsection (d) of section 307, are not consistent with an applicable approved state management pro- gram; (6) a summary of the regulations issued by the Secretary or in effect during the preceding Federal fiscal year; (7) a summary of a coordinated national strategy and program for the Nations coastal zone including identification and discussion of Federal, regional, state, and local responsibilities and functions therein; (8) a summary of outstanding problems arising in the administration of this title in order of priority; and (9) such other information as may be appro- priate. (b) The report required by subsection (a) shall contain such recom- mendations for additional legislation as the Secretary deems necessary to achieve the objectives of this title and enhance its effective operation. RULES AND REGULATIONS Sec. 314. The Secretary shall develop and promulgate, pursuant to section 553 of title 5, United States Code, after notice and oppor- 80 Stat. 383. tunity for full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, both public and private, such rules and regulations as may be necessary to carry out the provisions of this title. 86 STAT. 1289 Pub. Law 92-583 - 10 - October 27, 1972 AUTHORIZATION OF APPROPRIATIONS Sec. 315. (a) There are authorized to be appropriated — (1) the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977 for grants under section 305, to remain available until expended ; (2) such sums, not to exceed $30,000,000, for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977, as may be necessary, for grants under section 306 to remain available until expended ; and (3) such sums, not to exceed $6,000,000 for the fiscal year end- ing June 30, 1974, as may be necessary, for grants under section 312, to remain available until expended. (b) There are also authorized to be appropriated such sums, not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeed- ing fiscal years, as may be necessary for administrative expenses incident to the administration of this title. Approved October 27, 1972. LEGISLATIVE HISTORY : HOUSE REPORTS: No. 92-1049 acoompanying H.R. 14146 (Comm, on Merchant Marine and Fisheries) and No. 92-1544 (Comm. of Conf erenoe). SENATE REPORT No. 92-753 (Comm. on Commerce). CONGRESSIONAL RECORD, Vol. 118 (1972): Apr. 25, oonsidered and passed Senate. Aug. 2, oonsidered and passed House, amended, in lieu of H.R. 14146. Oot. 12, House and Senate agreed to conferenoe report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 8, No. 44: Oot. 28» Presidential statement. jftfrio* Reprinted from FEDERAL REGISTER THURSDAY, NOVEMBER 29, 1973 WASHINGTON, D.C. Volume 38 ■ Number 229 PART V DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration COASTAL ZONE MANAGEMENT PROGRAM DEVELOPMENT GRANTS NOTICE OF FINAL RULEMAKING '^fi.,0,1* '.mi RULES AND REGULATIONS Title 15 — Commerce and Foreign Trade CHAPTER IX — NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DE- PARTMENT OF COMMERCE PART 920 — COASTAL ZONE MANAGE- MENT PROGRAM DEVELOPMENT GRANTS The National Oceanic and Atmos- pheric Administration on June !;>. 1973, proposed guidelines i originally published as 15 CFR Part 960) , pursuant lo section 305 of the Coastal Zone Man- agpment Act of 1972 (Pub. L. No. 92-583, K(> Stat. 1280 > , hereinafter referred to as ilie "Act." for the purpose of defining 'In- procedures by which States can qualify to receive development grants un- der section 305 of the Act and policies for development of their management ;■■! ogram. Written comments were to be submit- ted to the Office of Coastal Environ- ment, National Oceanic and Atmospheric Administration before August 13, 1973, and consideration has been given these comments. The Act recognizes that the • coastal zone is rich in a variety of natural, com- mercial, recreational, industrial, and esthetic resources of immediate and po- tential value to the present and future well-being of the Nation. Present State and institutional arrangements for plan- ning and regulating land and water uses in the coastal zone are often inadequate to deal with the competing demands and the urgent need to protect natural systems in the ecologically fragile area. Section 305 of the Act authorizes an- nual grants to any coastal State for the purpose of assisting the State in the development of a management pro- gram for the land and water resources of its coastal zone < development grant). Once a coastal State has developed a management program it is submitted to the Secretary of Commerce for appro- val and, if approved, the State is then eligible, under section 306, to receive annual grants for administering its man- agement program (administrative grants) . The guidelines contained in this part are for grants under section 305 to de- velop a management program that will meet the requirements of section 306. Section 305 provides guidance as to what must be included in a management program while section 306 sets forth re- quirements that must be met before the Secretary can approve a State's man- agement program for administrative giants. Participating States, therefore, must insure that the management pro- gram they develop under section 305 will meet the requirements of section 306. These guidelines incorporate some of the requirements of section 306. Guide- lines for section 306 are being developed and will be published when available. In general terms, section 305 requires a management program to include (1> the boundaries of the State's coastal zone; (2) a process pursuant to which permissible land and water uses which have a direct and significant impact on coastal waters are defined; (3) criteria for and designation of geographic areas in the coastal zone of particular con- cern to the State; (4) identification or establishment of the means by which the State, together with other levels of government, shall exert control over the land and water uses in its coastal zone; (5) designation of priority uses within specific geographic areas throughout the coastal zone; and <6> description of the organizational structure and intergov- ernmental arrangements sufficient to develop and maintain an effective and coordinated management process. The National Oceanic and Atmos- pheric Administration is publishing herewith the final regulations describ- ing procedures for applications to re- ceive development grants under section 305 of the Act. The final regulations and criteria published herewith were revised from the proposed guidelines based on the comments received. A total of sixty- three (63) States, agencies, organiza- tions and individuals submitted respons- es to the proposed section 305 Guide- lines published in the Federal Register on June 13, 1973. Of those responses re- ceived, twelve <12 1 were wholly favor- able as to the nature and content of the Guidelines as they appear in the Federal Register on June 13. 1973. Forty-one (41) commentators submit- ted suggestions concerning the proposed section 305 Guidelines. The following analysis summarizes key comments received on various sections of the interim regulations and presents a rat ionale for the changes made : 1. Several commentators asserted that there was a need for further elaboration on the definitions contained under § 920.2. No changes were made in re- sponse to these comments since the pres- ent definitions allow the States to adjust their programs as local conditions require. 2. Sixteen comments were received on the necessity of submitting an Environ- mental Impact Statement as required by § 920.10(0. The National Environmental Policy Act. 42 TJ.S.C. 4332. and imple- menting regulations. 38 FR 20562, Au- gust 1, 1973, require an Environmental Impact Statement be prepared and cir- culated on: The environmental impact of the proposed action, (ii) Any adverse environmental ef- fects, which cannot be avoided should the proposal be implemented, In order to develop an orderly and effective management program, States my wish initially to delineate a planning :Mca which generally is larger than, and encompa s the area ultimately identi- fied as the coastal zone Such a two-step procedure would enable a State to under- take planning studies and policy devel- opment for a relatively broad region aimed at a later final determination of I he smaller coastal zone where specific find and water use controls, regulations, and active management activities will be applied Demographic, economic, devel- opmental, and biophysical factors and their analysis, which will largely deter- mine State management activities in coastal waters and the landward and seaward areas and uses affecting them, are likely to be based upon data, pro- grams, and institutional boundaries (such as counties or areawide agencies) that encompass geographic areas larger than the coastal zone designation. Spe- cific coastal zone programming and regu- lation must take into account current developmental, political, and adminis- trative realities, as well as biophysical processes, that may be external to the restricted zone eventually selected for direct management control. The coastal zone for management purposes extends inland only "to the extent necessary to control shorelands, the uses of which have a direct and sig- nificant impact on the coastal waters." However, the States are encouraged to take early and continuing account of existing Federal and State land/water use and resource planning programs. In addition, States may wish to anticipate a national land-use policy, including its application in their State, unless the State coastal zone management program applies to the entire State. States may also wish to anticipate the desired co- ordination between the coastal zone and proposed land use or broad resource management programs. Examples of some related statewide policies and pro- grams which will affect and should be considered in making determinations under the Act include: Energy policy, siting of power plants and other major water-dependent facilities, surface and subsurface mineral extraction controls, overall land and water conservation policies, and many others. Lands the use of which are by law subject solely to the discretion of, or which are held in trust by the Federal Government, its officers or agents are excluded from the coastal zone. How- ever, section 307(c) of the Act requires Federal agencies conducting or support- ing activities in the coastal zone to con- duct or support those activities in a manner which Is, to the maximum ex- tent practicable, consistent with ap- proved State management programs. Furthermore, before the Secretary can approve a management program, he Is required under section 307 (b) to consider the views of Federal agencies principally affected by the management program. States having excluded Federal lands in coastal zone must indicate the manner in wliich they will coordinate with Fed- eral officials administering such lands in the development of their management program. §920.12 IVrniis»ihlc laud anil water uses which have a direct and signifi- cant imp. id on coastal waters. Section 305(b)(2) of the Act requires that the management program include "a definition of what shall constitute permissible land and water uses within the coastal zone which have a direct and significant impact on coastal water" In determining permissible uses. States should give consideration to "re- quirements for industry, commerce, residential development, recreation, ex- traction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine re- sources." As stated in the declaration of congressional policy, these uses are to be managed "giving full consideration to ecological, cultural, historic, and es- thetic values as well as to needs for eco- nomic development." Developing indices for determining environmental and eco- nomic impact — beneficial, benign, toler- able, adverse — is the first essential ana- lytical and policy step needed to give substance and clarity to those uses which are "permissible." Some of the factors involved in this determination include location, magnitude, the nature of im- pact upon existing natural or man-made environments, economic, commercial, and other "triggering" impacts, and land and water uses of regional benefit. In responding to this requirement, there- fore, the following general types of study and evaluation should be under- taken utilizing existing data and avail- able analysis where possible: (a) Determining criteria and meas- ures to assess the impact of existing, projected, or proposed uses or classes of uses on the identified coastal environ- ments; (b) Categorizing the nature, location, scope, and conflicts of current and an- ticipated coastal land and water use or classes of uses; (c) A continuing compilation, verifi- cation, and assessment of the general characteristics, values, and interrela- tionships within coastal land and water environments. In establishing permissible uses. States must also be cognizant of the require- ment in section 306(c) (8) of the Act that the management program must provide "for adequate consideration of the national Interest involved in the sit- ing of facilities necessary to meet re- quirements which are other than local in nature." The State must have ade- quate processes for providing such ade- quate consideration. § 920.13 Geographic areas of particular concern. Section 305(b) (3) of the Act requires that the management program Include "an inventory and designation of areas of particular concern." The inventory and analysis of the States' total costal zone in § 920 12 should provide the basic data analysis, and criteria necessary to identify specific geographic areas of particular concern. It should be noted that geographic areas of particular con- cern arc likely to encompass not only the more-often cited areas of significant natural value or importance, but also: (a> Transitional or intensely developed areas where reclamation, restoration, public access and other actions are espe- cially needed, and (b> those areas espe- cially suited for intensive use or develop- ment. In addition, immediacy of need should be a major consideration in de- termining particular concern. While the States will vary in their perceptions of what areas are of particular concern, criteria derived from assessing the fol- lowing representative factors will assist in these designations: 1 1 I Areas of unique, scarce, fragile, or vulnerable natural habitat, physical fea- ture, historical significance, cultural value, and scenic importance; (2) Areas of high natural productivity or essential habitat for living resources, including fish, wildlife, 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 fa- cilities are dependent upon the utiliza- tion of. or access to. coastal waters; (5) Areas of unique geologic or topo- graphic significance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources, such areas including coastal flood plains, aquifer recharge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits, and mangrove stands. This Inventory and designation of geo- graphic areas of particular concern will be of assistance in meeting the require- ment in section 306(c) (9) of the Act which requires that the management program "make provision for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or esthetic values." § 920.14 Means of exerting State con- trol over land and water uses. Section 305(b) (4) of the Act requires that the management program include "an identification of the means by which the State proposes to exert control over land and water uses referred to in (§ 920.12) including a listing of relevant constitutional provisions, legislative en- actments, regulations, and judicial deci- sions." A fundamental purpose of this legislation is to broaden the perspective by which decisions affecting the coastal zone are made to incorporate a statewide view. Congress in section 306(e) provided FEDERAL REGISTER, VOL. 38, NO. 229 — THURSDAY, NOVEMBER 29, 1973 lULES AND IEGULATIONS 33047 three methods by which a State might carry out its management responsibilities in an acceptable manner. Section 306(e) of the Act provides: (a) Prior to granting approval, the Secretary shall also find that the pro- gram provides: (1) For any one or a combination of the following general techniques for con- trol of land and water uses within the coastal zone: (i) State establishment of criteria and standards for local implementation, sub- ject to administrative review and en- forcement of compliance; (ii) Direct State land and water use planning and regulation; or (iii) State administrative review for consistency with the management pro- gram of all development plans, projects, or land water use regulations, including exceptions and variance thereto, pro- posed by any State or local authority or private developer with power to approve or disapprove after public notice and an opportunity for hearings. It is for the several States to determine the appropriate role of local governments in administering its coastal zone pro- gram. The Act recognizes that local governments are closest to those who will be most affected by a management pro- gram and that many sub-State units often can make a useful contribution to the development of the program. Section 306 requires that: Local governments and other interested public and private parties must have an opportunity for full participation in the development of the management program; the State has co- ordinated with local, areawide, and interstate plans; and, the State has established an effective mechanism for continuing consultation and coordination with local governments and other units to insure their full participation in carry- ing out the management program (e.g., advisory councils composed of represent- atives of local government) . (b) Some of the issues to be addressed in identifying the means by which a State will propose to exert its control include : (1) Whether existing State powers and authority are sufficient to exert one of the three alternative means of control specified in section 306(e) ; (2) What specific modifications or strengthened mandates would be needed to qualify the State under section 306(d) and (e) ; (3) Whether a shared State-local or State-areawide regional consolidated regulatory system should be established. It is important that the States determine at an early stage whether legislation is needed, and identify the elements of that legislation to meet the requirements in section 306(d) and (e). This requires that the State, acting through its chosen agency or agencies, including local gov- ernments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, have authority for the manage- ment of the coastal zone in accordance with the management program. Such au- thority shall include power — (i) To administer land and water use regulations, control development In order to insure compliance with the manage- ment program, and to resolve conflicts among competing uses; and, (ii) To acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means where necessary to achieve conformance with the management program. The required listing of relevant constitu- tional provisions, legislative enactments, regulations and judicial decisions will, of course, be one foundation for analyzing and making decisions concerning the above issues and alternatives. In order to undertake the kinds of work outlined above, however, it will be necessary to go beyond a mere listing by preparing an assessment of current legal constraints or prohibitions, needed executive or leg- islative initiatives, and where required, to prepare the elements of any legislative program needed to establish a compre- hensive and effective management pro- gram. There is room to exercise strength- ened design and management imagina- tion and creativity under this program for coastal zone management. While past research and planning efforts have often been limited by existing law, policy and practices. theAct encourages creative ap- proaches to action programs for orderly development, and preservation or resto- ration of areas within the coastal zone for their conservation, recreational, eco- logical or esthetic values. Thus, the States are encouraged to consider in- novative techniques or strategies that are now being tested and utilized both in the United States and elsewhere that they deem suitable to their management needs. § 920.15 Designation of priority uses within specific geographic areas throughout the coastal zone. Section 305(b) (5) of the Act requires that the management program include "broad guidelines on priority of uses in particular areas including specifically those uses of lowest priority." This re- quired element is closely tied to the re- quirements in §§ 920.12 and 920.13 and should build upon the States' findings and conclusions reached concerning "permissible uses" and areas of "partic- ular concern." These decisions should assist the State in establishing preferred uses tailored to specific areas in its coastal zone. Priority guidelines will serve three essential purposes: (a) To provide the basis for regulating land and water uses in the coastal zone; (b) To provide the State, local govern- ments, areawide /regional agencies, and citizens with a common reference point for resolving conflicts, and (c) To articulate the States' interest in the preservation, conservation, and orderly development of specific areas in its coastal zone. It should be noted that States will be ex- pected to utilize all available information relating to characteristics of the coastal zone when planning for specific uses. For example, data on flood inundation at 100- year intervals should be examined to de- termine the feasibility or wisdom of con- struction on affected sites. § 920.16 Organizational structure to implement the management program. Section 305(b) (6) requires a manage- ment program to include.: "A description of the organizational structure proposed to implement the management program, including the responsibilities and inter- relationships of local, areawide. State, regional and interstate agencies in the management process." One essential ele- ment of the organizational structure is the requisite State involvement in land and water use decisions in the coastal zone as set forth in § 920.14. Another, is the process of coordination by the State with local, areawide, regional and inter- state agencies, in the development and administration of the management pro- gram. Guidance with respect to organiza- tional structure is provided in section 306 (c) which requires that the Secretary, prior to granting approval of a manage- ment program, find that : (a) The State has — (1) Coordinated its program with local, areawide, and interstate plans ap- plicable to areas within the coastal zone existing on January 1 of the year in which the State's management program is submitted to the Secretary, which plans have been developed by a local gov- ernment, an areawide agency designated pursuant to regulations established under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, a regional agency, or an interstate agency; and (2) Established an effective mech- anism for continuing consultation and coordination between the management agency designated (by the Governor) and with local governments, interstate agen- cies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of suchslocal gov- ernments and agencies in carrying out the purposes of this Act. (b) The management program and any changes thereto have been reviewed and approved by the Governor. (c) The Governor of the State has designated a single agency to receive and administer the grants for implementing the management program. (d) The State is organized to imple- ment the management program required under paragraph (d)(1) of this section. Based on policies, management ap- proaches, technical data, priorities and existing or potential powers and authori- ties developed by the State in §§920.11 through 920.15, the critical issues of or- ganizational structure, administrative re- sponsibilities and institutional arrange- ments must be resolved. While a detailed Institutional structure for achieving the Act's objectives cannot be specified in ad- vance of development of the manage- ment program, the agency designated, or to be designated, by the Governor to re- FEOERAL REGISTER, VOL. 3t, NO. 229 — THURSDAY, NOVEMBER 29, 1973 33048 RULES AND REGULATIONS ceive and administer management grants should have: (1) Authority to correlate the activ- ities of all State, local, areawide/reglonal or other entities in the coastal zone; '2> Appropriate access to the Gov- ernor; and (3) Requisite powers set forth in sec- tion 306 of the Act. In addition, States should strengthen co- operative mechanisms for State-Federal consultation in key mutual areas of con- cern, particularly where Federal activi- ties affect the coastal zone. Section 306 requires that the management program provide for a method of assuring that local land and water use regulations within the coastal zone do not unreason- ably restrict or exclude land and water uses of regional benefit. Cooperation among the various State and regional agencies including establishment of interstate and regional agreements, co- operative procedures, and Joint action, particularly regarding environmental problems and resource development In the national or regional interest, is en- couraged. Subpart C — Research and Technical Support § 920.20 General. (a) It is clear that the process of developing (and operating) a manage- ment program for the coastal zone will necessarily involve frequent access to in- formational and research sources. In many cases, adequate understanding of questions such as dune stabilization, barrier beach dynamics, salt marsh productivity and estuarine circulation and flushing, to mention only a few, will be needed in order to develop successful management programs. Also, the process of inventorying and mapping the nature of a State's zone, and designation of areas of particular concern almost cer- tainly will benefit from the application of technologies such as those employing remote sensing. (b) A substantial number of sources for such Information exist within Federal agencies, in universities, in State and Federal laboratories and research cen- ters, and In the private sector. NOAA's Office of Coastal Environment, with the assistance of the Environmental Data Service, will endeavor to serve generally as a clearinghouse for specialized coastal zone technical information, and will is- sue pertinent publications on appropri- ate technical support available at least from Federal sources. (c) Because some features of the coastal zone remain incompletely under- stood, States may find it necessary to act without all of the basic technical infor- mation that they require. The Office of Coastal Environment intends to Identify unsolved coastal research problems and will seek to facilitate their solution. Monitoring programs established as part of the development of a management program may also, if properly designed, produce data which can be used to eluci- date important coastal zone phenomena. (d) It should be pointed out that the primary emphasis of the coastal zone management program is to create the mechanism for States to exert appropri- ate control over land and water uses and to begin the management process, not to engage in long-term research projects. Applications for management program development grants which contain sub- stantial research elements will be care- fully reviewed to assure that these elements are essential to the successful development of a State's management program and are an integral part of a comprehensive review of existing infor- mation relating to the management program. Clearly, the nature of this pro- gram will give preference to and encour- age research in such applied activities as resource surveys, inventories, and de- termination of environmental carrying capacities. (e) In developing their management programs, States should always endeavor to locate and utilize existing information and research sources to the extent ap- plicable and available rather than under- taking unnecessary independent research or information gathering, as part of pro- gram development effectiveness. In this respect, the Office of Coastal Environ- ment should ordinarily be initially con- tacted to ascertain what information and assistance it can provide. § 920.21 Approaches to research activi- ties. In addition to taking full advantage of the various sources of technical informa- tion found within the individual States, the States will also find that one of the important sources of technical informa- tion will be the various components of NOAA which support ongoing programs in coastal research and mapping, physi- cal oceanography, and hydrography. Those elements of NOAA which States may wish to contact for assistance in- clude: (a) Office of Sea Grant: Supports a large program of university research aimed largely at coastal zone-related problems. Contact Office of Sea Grant, Pennsylvania Building, 425 13th Street NW., Washington, D.C. (b> National Ocean Survey: Conducts a substantial inhouse effort on coastal mapping and charting, geodesy, hydrog- raphy, and related subjects. Contact National Ocean Survey, National Oceanic and Atmospheric Administration, Rock- ville, Md. 20852. (c) National Marine Fisheries Service: Undertake biological and ecological re- search and . other programs relevant to commercial and sport fisheries of all types. Contact National Marine Fisheries Service, Page Building 2, 3300 White- haven Street NW., Washington, D.C. (d). Environmental Data Service: Monitors large quantities of environmen- tal data of all types, including weather, oceanographic and earth sciences. In- cludes National Oceanic Data Center. Contact Environmental Data Service, National Oceanic and Atmospheric Ad- ministration, Page Building 2, 3300 Whitehaven Street NW., Washington, D.C. (e) Environmental Research Labora- tories: Conduct a wide ranging research program ir. the ocean and atmospheric sciences. Contact Environmental Re- search Laboratories, National Oceanic and Atmospheric Administration, Boul- der, Colo. 80302. B-1«1* RULES AND REGULATION* 1683 Title 15 — Commerce and Foreign Trade CHAPTER IX — NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION PART 923 — COASTAL ZONE MANAGE- MENT PROGRAM APPROVAL REGULA- TIONS The National Ooeanic and Atmospheric Administration (NOAA) on August 21, 1974, proposed guidelines (originally published as 15 CFR Part 923) . pursuant to the Coastal Zone Management Act of 1972 (Pub. L. 92-583, 86 Stat. 1280), hereinafter referred to as the "Act," for the purpose of defining the procedures by which States can qualify to receive ad- ministrative grants under the Act. Written comments were to be sub- mitted to the Office of Coastal Zone Management, National Oceanic and At- mospheric Administration, before No- vember 22, 1974, and consideration has been given these comments. The Act recognizes that the coastal zone is rich in a variety of natural, com- mercial, recreatioual, Industrial and esthetic resources of immediate and po- tential value to the present and future well-being of the nation. Present State and institutional arrangements for plan- ning and regulating land and water uses in the coastal zone are often inadequate to deal with the competing demands and the urgent need to protect natural sys- tems in the ecologically fragile area. Sec- tion 305 of the Act authorizes annual grants to any coastal State for the pur- pose of assisting the State in the devel- opment of a management program for the land and water resources of its coastal zone (development grant). Once a coastal State has developed a manage- ment program, it is submitted to the Sec- retary of Commerce for approval and, if approved, the State is then eligible under Section 306 to receive annual grants for administering its management program (administrative grants). The regulations below set forth (a) criteria and procedures to be utilized in reviewing and approving coastal zone management programs pursuant to sec- tion 306 of the Act, and (b) procedures by which coastal States may apply to receive administrative grants under sec- tion 306(a) of the Act. The criteria and procedures under (a) constitute the "guidelines for section 306" referred to in 15 CFR 920. The National Oceanic and Atmospheric Administration is publishing herewith the final regulations describing proce- dures for applications to receive adminis- trative grants under section 306 of the Act. The final regulations and criteria published herewith were revised from the proposed guidelines based on the com- ments received. A total of thirty-two (32) States, agencies, organizations and indi- viduals submitted responses to the pro- posed section 306 guidelines published in the Federal Register on August 21, 1974. Of those responses received, nine (9) were wholly favorable as to the nature and content of the guidelines as they ap- peared in the Federal Register on August 21, 1974. Twenty-three (23) com- mentators submitted suggestions con- cerning the proposed Section 308 guide- lines. The following analysis summarizes key comments received on various sections of the draft regulations and presents a rationale for the changes made: 1. Several commentators asserted that the guidelines did not adequately reflect the environmental considerations con- tained in the Act. No changes were made in response to these comments since the guidelines more than adequately reflect the environmental concerns In the legis- lation as evidenced in part by the com- ment section under § 923.4: Management programs will be evaluated In the light of the Congressional findings and policies as contained In Section 302 and Sec- tion 303 of the Act. These sections make It clear that Congress, In enacting the legisla- tion, was concerned about the environmental degradation, damage to natural and scenic areas, loss of living marine resources and wildlife, decreasing open space for public use and shoreline erosion being brought about by population growth and economic develop- ment. The Act thus has a strong environ- mental thrust, stressing the 'urgent need to protect and to give high priority to natural systems la the coastal zone. 2. Several comments were received on the necessity of the Secretary of Com- merce preparing and circulating an en- vironmental impact statement on each individual State application as required by § 923.5. The National Environmental Policy Act, 42 USC 4332, and imple- menting regulations, 38 FR 20562, August 1* 1973, require an environmental im- pact statement be prepared and cir- culated on each Individual State's ap- plication. An environmental impact statement shall be prepared on each in- dividual State's application by the Sec- retary, primarily on the basis of an environmental assessment, and other relevant data, prepared and submitted by the individual States. This section was amended to reflect the requirement of the National Environmental Policy Act environmental impact statement requirements. 3. Several comments Indicated that the States did not have a clear understand- ing as to what was meant under 5 923.11 (b) (4) which refers to Federal lands sub- ject solely to the discretion of, or which is held in trust by, the Federal govern- ment, its officers and agents. This section has been amended in order to provide a procedure for identifying those lands which are within the framework of this section. 4. Several commentators indicated that there was uncertainty as to what the requirements of the national interest were pursuant to § 923.15. This section has been amended in order to more suc- cinctly state what the requirements are pursuant to this section and how a State must meet these requirements dur- ing the development and administration of its coastal zone management program. At the request of several commentators, several additions have been made to the list of requirements which are other than local in nature. 5. Several commentators indicated that § 923.26, which pertains to the de- gree of State control needed to imple- ment a coastal zone management pro- gram, did not offer sufficient guidance in interpreting the legislation. In response to these comments, § 923.26 has been ex- panded to include specific examples of how a State may implement this section. 6. Comments received indicate there was some misunderstanding in interpret- ing § 923.43, which deals with geographi- cal segmentation. This section has been substantially amended in order to indi- cate that the segmentation issue refers to geographical segmentation of a State's coastal zone management program. The requirements for a State to receive ap- proval on a segmented basis are clearly set forth in the amendment to the regu- lations. 7. Extensive discussions have taken place with various elements of the U.S. Environmental Protection Agency (EPA) concerning the applicability of air and water pollution requirements to the development, approval and implemen- tation of State management programs pursuant to § 923.44 of the proposed reg- ulations. State coastal zone management programs have also been surveyed in or- der to determine current and anticipated problems, issues and opportunities asso- ciated with carrying out the require- ments of section 307(f) of the Coastal Zone Management Act, and § 923.44 of the draft approval regulations. Con- solidated EPA comments have been re- ceived, together with State reviews, and one comment from the private sector. Specific clarifications and changes as a result of these reviews are contained in <5§ 923.4, 923 12, 923.32 and §923.44 of these regulations. 8. One commentator objected to the amount of detail required in section 306 applications and the undue administra- tive burden proposed pursuant to Sub- FEDERA1 REGISTER, VOL. 40, NO. 6 — THURSDAY, JANUARY 9, 1975 1684 part P of the proposed regulations. The revisions attempt to both clarify and re- duce those requirements, while still re- quiring sufficient Information for the Office of Coastal Zone Management to approve management programs and make sound funding decisions. Accordingly, having considered the comments and other relevant informa- tion, the Administrator concludes by adopting the final regulations describing the procedure for application to receive administrative grants under section 306 of the Act, as modified and set forth below. Effective date: January 8, 1975. Dated: January 6, 1975. Robert M. White, Administraior, National Oceanic and Atmospheric Administra- tion. RULES AND REGULATIONS Attthoiuty: 86 Stat. 1280 (16 U.S.C. 1451- 1464). Sec 923 1 923.2 923.3 923.4 Subpart A — General Purpose. Definitions. Submission grams. Evaluation of management pro- 923.10 923.11 923.12 923.13 923.14 923.15 923.16 923.17 Su 923.20 923.21 928 22 923.23 923.24 92325 923 26 923.30 923.31 92332 9 23.40 923.41 923.42 92343 923.44 92350 923.51 923.52 923.63 923.54 923.55 923.56 923.57 923 53 of management pro- grams — general. Environmental impact assessment. Subpart B — Land and Water Uses General. Boundary of the coastal zone. Permissible land and water uses. Areas of particular concern. Guidelines on priorities. National interest facilities. Area designation for preservation and restoration. Local regulations and uses of re- gional benefit. bpart C — Authorities and Organization General. Means of exerting State control over land and water uses. Organizational structure to Imple- ment the management program. Designation of a single agency. Authorities to administer land and water uses, control development and resolve conflicts. Authorities for property acquisition. Techniques for control of land and water uses. Subpart D — Coordination General. Full participation by relevant bodies in the adoption of management programs. Consultation and coordination, with other planning. Subpart E — Miscellaneous General. Public hearings. Gubernatorial review and approval. Segmentation. Applicability of air and water pollu- tion control requirements. Subpart F — Applications for Administrative Grants General. Administration of the program. State responsibility. Allocation. Geographical segmentation. Application for the Initial adminis- trative grant. Approval of applications. Amendments. Applications for second and subse- quent year grants. § 923.1 Subpart A — General Purpose. (a) This part establishes criteria and procedures to be employed in reviewing and approving coastal zone management programs submitted by coastal States and for the awarding of grants under Section 306 of the Act. (b) The Act sets forth in sections 305, 306 and 307 a number of specific re- quirements which a management pro- gram must fulfill as a condition for ap- proval by the Secretary. These require- ments are linked together as Indicated in the subparts which follow. Presenta- tion of the State management program in a similar format is encouraged since it will enable more prompt and sys- tematic review by the Secretary. How- ever, there is no requirement that a State present its management program in the format which corresponds exactly to the listing of categories below. The broad categories are: Land and Water Uses, Subpart B; Authorities and Orga- nization, Subpart C; Coordination, Sub- part D; and Miscellaneous. Subpart E. Subpart F, Applications for Administra- tive Grants, deals with applications for administrative grants upon approval of State coastal zone management pro- grams which will be subject to periodic review by the Secretary in accordance with Section 309 of the Act. In addition to providing criteria against which State coastal zone management programs can be consistently and uniformly Judged in the approval process and establish- ing procedures for the application by States for administrative grants, it is the intent of this part to provide guid- ance to coastal States in the develop- ment of management programs. There- fore, many of the sections dealing with approval requirement in the subparts are followed by a "comment" which re- fers to a section or sections of the Act and indicates the interpretation placed upon the requirements of the Act or the regulation by the Secretary. § 923.2 Definitions. In addition to the terms defined in the Act and 15 CFR 920.2, the following terms shall have the meanings indicated below: "Pinal approval" means, with respect to a coastal zone management program, approval of a program which terminates the eligibility of the State for grants under Section 305 of the Act and makes the State eligible for grants under Sec- tion 306 of the Act. In cases where a State has elected to follow the geo- graphical segmentation option pursuant to § 923.43, final approval will apply only to that specific geographical seg- ment. The State will continue to remain eligible for development grants pursuant to Section 305 of the Act for the re- mainder of the State's coastal zone. "Preliminary approval" means, with respect to a coastal zone management program, approval of a program which does not terminate the eligibility of the State for further grants under Section 305 of the Act, and which does not make the State eligible for grants under Section 306 of the Act. "Use of regional benefit" means a land or water use that typically provides benefits to a significant area beyond the boundaries of a single unit of the lowest level of local, general-purpose govern- ment. of management § 923.3 Submission programs. (a) Upon completion of the develop- ment of its management program, a State shall submit the program to the Secretary for review and final approval in accordance with the provisions of these regulations. A program submitted for final approval must comply with ail of the provisions set forth in Subparts A-E of this part, including, in partic- ular, Subpart C, which requires that cer- tain authorities and plans of organiza- tion be in effect at the time of the sub- mission. (b> Optionally, the State may submit for the preliminary approval of the Sec- retary a program complying with the substantive requirements of this part, but for which the proposed authorities and organization complying with the provisions of Subpart C are not yet legal- ly effective. In reviewing a program sub- mitted for preliminary approval, the Secretary may grant such approval sub- ject to establishment of a legal regime providing the authorities and organiza- tion called for in the program. If the State elects this option, it shall continue to be eligible for funding under Section 305 but it shall not yet be eligible for funding under Section 306 of the Act until such time as its program is finally approved. Upon a showing by the State that authorities and organization neces- sary to implement the program which has received preliminary approval are in effect, final approval shall be granted. Comment. The purpose of the optional procedure Is to provide a State with an op- portunity for Secretarial review of Its pro- gram before State legislation Is enacted to put the program Into legal effect. Some States may prefer not to utilize the optional procedure, especially those which have leg- islative authority enabling the coastal zone agency of the State to put the program into effect by administrative action. In any event, the Office of Coastal Zone Management will be available for consultation during all phases of development of the program. (c) States completing the require- ments set forth in Subpart B — Land and Water Uses, and Subpart D — Coordina- tion, will be deemed to have fulfilled the statutory requirements associated with each criteria. If, however, a State chooses to adopt alternative methods and proce- dures, which are at least as comprehen- sive as the procedures set forth below, for fulfilling those statutory require- ments contained in Subparts B and D, they may do so upon prior written ap- proval of the Secretary. The States are encouraged to consult with the Office of Coastal Zone Management as early as possible. Comment. The thrust of the Act Is to en- courage coastal States to exercise their full FEDERAL REGISTER, VOL. 40, NO. 6 — THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1685 authority over the lands and waters In the coastal zone by developing land and water use programs for the zone, Including uni- fied policies, criteria, standards, methods and processes for dealing with land and water uses of more than local significance. While the Act mandates a State to meet spe- cific statutory requirements in order for the State to be eligible for administrative grants, It does not require the State to follow spe- cific processes In meeting those require- ments. The Secretary will review any State management program that meets the re- quirements contained In Subparts B and D In addition to the other subparts contained herein. § 923.4 Evaluation of management pro- grams general. (a) In reviewing management pro- grams submitted by a coastal State pur- suant to § 923.3, the Secretary will eval- uate not only all of the individual pro- gram elements required by the Act and set forth in Subparts B-E of this part, but the objectives and policies of the State program as well to assure that they are consistent with national policies de- clared in Section 303 of the Act. (b) Each program submitted for ap- proval shall contain a statement of prob- lems and issues, and objectives and poli- cies. The statements shall address: (1) Major problems and issues, both within and affecting the State's coastal zone; (2) Objectives to be attained in inter- agency and intergovernmental coopera- tion, coordination and institutional ar- rangements; and enhancing manage- ment capability Involving issues and problem identification, conflict resolu- tion, regulation and administrative effi- ciency at the State and local level; (3) Objectives of the program in pres- ervation, protection, development, resto- ration and enhancement of the State's coastal zone; (4) Policies for the protection and con- servation of coastal zone natural sys- tems, cultural, historic and scenic areas, renewable and non-renewable resources, and the preservation, restoration and economic development of selected coastal zone areas. (c) The Secretary will review the management program for the adequacy of State procedures utilized in Its devel- opment and will consider the extent to which its various elements have been Integrated into a balanced and compre- hensive program designed to achieve the above objectives and policies. Comment. Evaluation of the statutory re- quirements established In this subpart will concentrate primarily upon the adequacy of State processes In dealing with key coastal problems and Issues. It will not. In general, deal with the wisdom of specific land and water use decisions, but rather with a deter- mination that In addressing those problems and issues, the State Is aware of the full range of present and potential needs and uses of the coastal zone, and has developed procedures, based upon scientific knowledge, public participation and unified govern- mental policies, for making reasoned choices and decisions. Management programs will be evaluated in the light of the Congressional findings and policies as contained In Sections 803 and 303 of the Act. These sections make it clear that Congress, hi enacting the legislation, was •oncerned about the environmental degrada- tion, damage to natural and scenic areas, loss of living marine resources and wildlife, de- creasing open space for public use and shore- line erosion being brought about by popula- tion growth and economic development. The Act thus has a strong environmental thrust, stressing the "urgent need to protect and to give high priority to natural systems in the coastal zone." A close working relationship between the agency responsible for the coastal zone management program and the agencies responsible for environmental pro- tection Is vital In carrying out this legis- lative intent. States are encouraged by the Act to take into account ecological, cultural, historic and esthetic values as weU as the need for economic development In preparing and implementing management programs through which the States, with the partici- pation of all affected Interests and levels of government, exercise their full authority over coastal lands and waters. Further assistance in meeting the Intent of the Act may be found in the Congression- al Committee Reports associated with the passage of the legislation (Senate Report 92- 753 and House Report 92-1049). It Is clear from these reports that Congress mtended management programs to be comprehensive and that a State must consider all subject areas which are pertinent to the particular circumstances which prevail In the State. A comprehensive program should have con- sidered at least the following representative elements: (1) Present laws, regulations, and appli- cable programs for attainment -of air and water quality standards, on land and water usee, and on environmental management by all levels of government; (2) Present ownership patterns of the land and water resources, including administra- tion of publicly owned properties; (3) Present populations and future trends, Including assessments of the impact of pop- ulation growth on the coastal rone and es- tuarlne environments; (4) Present uses, known proposals for changes and long-term requirements of the coastal zone; (6) Energy generation and transmission; (6) Estuarlne habitats of fish,. shellfish and wildlife; (7) Industrial needs; (8) Housing requirements; (9) Recreation, including beaches, parks, wildlife preserves, sport fishing, swimming and pleasure boating; (10) Open space, Including educational and natural preserves, scenic beauty, and public access, both visual and physical, to coastlines and coastal estuarlne areas; (11) Mineral resources requirements; (12) Transportation and navigation needs; (13) Floods and flood damage prevention, erosion (Including the effect of tides and cur- rents upon beaches and other shoreline areas), land stability, climatology and me- teorology: (14) Communication facilities; (15) Commercial fishing; and (16) Requirements for protecting water quality and other Important natural re- sources. The list of considerations is not meant to be exclusive, nor does it mean that each con- sideration must be given equal weight. State Initiative to determine other relevant factors and consider them In the program Is essen- tial to the management of the coastal zone as envisioned by Congress. In assessing programs submitted for ap- proval, the Secretary, in consultation with other concerned Federal agencies, wUl ex- amine such programs to determine that the full range of public problems and Issues af- fecting the coastal zone have been identified and considered. In this connection, develop- ments outside the coastal zone may often have a significant impact within the coastal zone and create a range of public problems and Issues which must be dealt with In the coastal zone management program. The Secretary encourages the States to develop objectives toward which progress can be measured and will review program sub- missions In this light. While It Is recognized that many essential coastal zone manage- ment objectives are not quantifiable (e.g. public aspirations, "quality of life"), others are. and shourd be set forth In measurable terms where feasible (e.g. shore erosion, beach access, recreational demand, energy facility requirements). Identifying and an- alyzing problems and Issues in measurable terms during the program development phase will facilitate the formulation of measur- able objectives as part of the approval sub- mission. § 923.5 Environmental impact assess- ment. Individual environmental Impact statements will be prepared and circu- lated by NOAA as an integral part of the review and approval process for State coastal zone management programs pur- suant to the National Environmental Policy Act (Pub. L. 91-190, 42 USC 4321 et seq) and its Implementing regulations. The Administrator of NOAA will circu- late an environmental impact statement prepared primarily on the basis of an en- vironmental impact assessment and other relevant data submitted by the individual applicant States. Subpart B — Land and Water Uses § 923.10 General. (a) This subpart deals with land and water uses in the coastal zone which are subject to the management program. (b) In order to provide a relatively simple framework upon which discus- sion of the specific requirements asso- ciated with this subpart may proceed, it may be helpful to categorize the vari- ous types of land and water uses which the Act envisions. (1) The statutory definition of the landward portion of the coastal zone states that it "extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters." Thus, the coastal zone will include those lands and only those lands where any existing, pro- jected or potential use will have a "di- rect and significant Impact on the coastal waters." Any such use will be subject to the terms of the management program, pursuant to Section 305(b)(2). (2) There mav we'l be uses of certain lands included within the coastal zone which will not have such "direct and sig- nificant imnact." Such uses may be sub- ject to regulation bv local units of gov- ernment within the framework of the management program. (3) The Act also reauires that man- agement programs contain a method of assuring that "local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit." This requirement Is described more fully in §923.17. FEDERAL REGISTER, VOL. 40, NO. 6— THURSDAY, JANUARY 9, 1975 1686 RULES AND REGULATIONS (c) As part of the State's manage- ment program, it must address and ex- ercise authority over the following: (1) Land and water uses which have a direct and significant impact upon coastal waters. These uses are described more fully in § 923 12. (2) Areas of particular concern. Sec- tion 305(b) (3) specifies that the man- agement program include an inventory and designation of areas of particular concern within the coastal zone. Section 923.13 deals more thoroughly with this statutory requirement. Such areas must be considered of Statewide concern and must be addressed In the management program. (3) Siting of facilities necessary to meet requirements which are other than local in nature. The management pro- gram must take "adequate consideration of the national interest Involved In the siting of facilities necessary to meet re- quirements which are other than local In nature" (Section 306(c) (8) ) . This re- quirement Is more fully discussed in i 923.15. § 923.11 Boundaries of the coastal zone. (a) Requirement. In order to fulfill the requirement contained in Section 305 (b)(1), the management program must show evidence that the State has devel- oped and applied a procedure for iden- tifying the boundary of the State's coastal zone meeting the statutory defi- nition of the coastal zone contained in Section 304(a) . At a minimum this pro- cedure should result in : (1) A determination of the inland boundary required to control, through the management program, shorelands the uses of which have direct and sig- nificant Impacts upon coastal waters, (2) A determination of the extent of the territorial sea, or where applicable, of State waters in the Great Lakes, (3) An identification of transitional and intertidal areas, salt marshes, wet- lands and beaches, (4) An Identification of all Federally owned lands, or lands which are held in trust by the Federal government, its of- ficers and agents in the coastal zone and over which a State does not exercise any control as to use. (b) Comment. Statutory citation: Sec- tion 305(b)(1): Such management program shall Include • • • an Identification of the boundaries of the coastal zone subject to the management programs. Useful background information con- cerning this requirement appears in Part 920.11, which is incorporated into this part by reference. (1) The key to successful completion of this requirement lies in the develop- ment and use of a procedure designed to identify the landward extent of the coastal zone. Included in this procedure must be a method for determining those "shorelands. the uses of which have a direct and significant impact upon the coastal waters." These uses shall be con- sidered the same as the "land and water uses" described in § 923.12, reflecting the requirements of Section 305(b)(2) of the Act regardless of whether those uses are found, upon analysis, to be "per- missible." The coastal zone must Include within it those lands which have any existing, projected or potential uses which have a direct and significant im- pact upon the coastal waters and over which the terms of the management program will be exercised. In some States, existing regulations controlling shoreland uses apply only in a strip of land of uniform depth (e.g. 250 feet, 1,000 yards, etc.) behind the shoreline. Such a boundary will be acceptable if it approximates a boundary developed according to the procedure outlined above and extends inland sufficiently for the management program to control lands the uses of which have a direct and significant impact upon coastal waters. States may wish, for administra- tive convenience, to designate political boundaries, cultural features, property lines or existing designated planning and environmental control areas, as bound- aries q£ the coastal zone. While the Sec- retary will take into account the desir- ability of identifying a coastal zone which is easily regulated as a whole, the selection of the boundaries of the coastal zone must bear a reasonable relation- ship to the statutory requirement. Noth- ing in this part shall preclude a State from exercising the terms of the man- agement program in a landward area more extensive than the coastal zone called for in this part. If such a course is selected, the boundaries of the coastal zone must nevertheless be Identified as above and the provisions of the Act will be exercised only in the defined coastal zone. It should be borne in mind that the boundary should include lands and waters which are subject to the manage- ment program. This means that the policies, objectives and controls called for in the management program must be capable of being applied consistently within the area. The area must not be so extensive that a fair application of the management program becomes difficult or capricious, nor so limited that lands strongly influenced by coastal waters and over which the management pro- gram should reasonably apply, are excluded. (2) Inasmuch as the seaward bound- ary of the coastal zone is established in the Act, the States will be required to utilize the statutory boundary, i.e. in the Great Lakes, the international bound- ary between the United States and Can- ada, and elsewhere the outer limits of the United States territorial sea. At present, this limit is three nautical miles from the appropriate baselines recognized by in- ternational law and defined precisely by the United States. In the event of a stat- utory change in the boundary of the ter- ritorial sea, the question of whether a corresponding change in coastal zone boundaries must be made, or will be made by operation of law, will depend on the specific terms of the statutory change and cannot be resolved in advance. In the waters of Lake Michigan, the bound- ary shall extend to the recognized bound- aries with adjacent States. (3) A State's coastal zone must in- clude transitional and Intertidal areas, salt marshes, wetlands and beaches. Hence the boundary determination pro- cedure must include a method of Identi- fying such coastal features. In no case, however, will a State's landward coastal zone boundary include only such areas in the absence of application of the pro- cedure called for herein or in § 923.43. (4) Since the coastal zone excludes lands the use of which is by law subject solely to the discretion of, or which is held in trust by the Federal government, its' officers and agents, the coastal zone boundary must Identify such lands which are excluded from the coastal zone. In order to complete this requirement, the State should indicate those Federally owned lands, or lands held in trust by the Federal government, and over which the State does not exercise jurisdiction as to use. In the event that a State fails to identify lands held by an agency of the Federal government as excluded lands, and the agency, after review of the pro- gram under Section 307(b). is of the opinion that such lands should be ex-, eluded, the disagreement will be subject to the mediation process set forth in said section. § 923.12 Permissible land and water U9es. (a) Requirement. In order to fulfill the requirements contained in Section 305(b)(2), the management must show evidence that the State has developed and applied a procedure for defining "permissible land and water uses within the coastal zone which have a direct and significant impact upon the coastal wa- ters," which includes, at a minimum: (1) a method for relating various spe- cific land and water uses to Impact upon coastal waters, including utilization of an operational definition of "direct and significant impact," (2) an inventory of natural and man- made coastal resources, (3) an analysis or establishment of a method for analysis of the capability and suitability for each type of resource and application to existing, projected or potential uses. (4) an analysis or establishment of a method for analysis of the environmen- tal impact of reasonable resource utili- zations. (b) Comment. Statutory citation: Section 305(b) (2) : Such management program shall Include • • • a definition of what shall constitute permissible land and water uses within the coastal zone which have a direct and sig- nificant Impact upon the coastal waters. Useful background information concern- ing this requirement appears in 15 CFR 920.12, which is incorporated into this part by reference. Completion of this re- quirement should be divided into two distinct elements: a determination of those land and water uses having a di- rect and significant impact upon coastal waters, and an identification of such uses which the State deems permissible. (1) Section 305(b)(4). In identifying those uses which have a "direct and sig- FEDEPAL REGISTER, VOL 40, NO. 6 — THURSDAY, JANUARY 9, 1975 RULES AND REGULATIONS 1687 niflcant Impact," the State should define th.at phrase in operational terms that can be applied uniformly and consist- ently, and should develop a method for relating various uses to impacts upon coastal waters.- Existing, projected and potential uses should be analyzed as to the level and extent of their impact, be it adverse, benign or beneficial, intra- state or interstate. These impacts should then be assessed to determine whether they meet the definition of "direct and significant impact upon coastal waters." (These are the ones by which the bound- aries of the coastal zone are defined.) Those uses meeting that definition are automatically subject to control by the management program. (2) In determining which land and water uses may be deemed permissible, a State should develop a method for as- suring that such decisions are made in an objective manner, based upon evalua- tion of the best available information concerning land and water capability and suitability. This method should inqlude at a minimum: (i) An inventory of significant natural and man-made coastal resources, includ- ing but not limited to, shorelands, beaches, dunes, wetlands, uplands, bar- rier islands, waters, bays, estuaries, har- bors and their associated facilities. This should not be construed as requiring long-term, continuing research and base- line studies, but rather as providing the basic information and data critical to successful completion of a number of re- quired management program elements. States are encouraged, however, to con- tinue research and studies as necessary to detect early warnings of changes to coastal zone resources. It is recognized that in some States a complete and de- tailed inventory of such resources may be expensive and time consuming in re- lation "to the value of information gathered in the development of the man- agement program. Much information, of course, already exists and should be in- tegrated into the inventory. The Secre- tary, in reviewing this particular requirement, will take into account the nature and extent of the State's coast- line, the funding available and existing data sources. (ii) An analysis or establishment of a method for analysis of the capabil- ities of each resource for supporting various types of uses (including the capability for sustained and undimin- ished yield of renewable resources), as well as of the suitability for such re- source utilization when evaluated in conjunction with other local, regional and State resources and uses. Resource capability analysis should include physical, biological and chemical param- eters as necessary. (iii) An analysis or establishment of a method for analysis of the impact of various resource uses upon the natural environment (air, land and water). Based upon these analyses and appli- cable Federal, State and local policies and standards, the State should define permissible uses as those which can be reasonably and safely supported by the resource, which are compatible with surrounding resource utilisation and which will have a tolerable Impact upon the environment. These analyses, in part, will be provided through exist- ing information on environmental pro- tection programs, and should be sup- plemented to the extent necessary for determining the relationship between land uses and environmental quality. Where a State prohibits a use within the coastal zone, or a portion thereof. It should identify the reasons for the pro- hibition, citing evidence developed In the above analyses. It should be pointed out that uses which may have a direct and significant impact on coastal waters when conducted close to the shoreline may not have a direct and significant Impact when conducted further inland. Similarly, uses which may be permissible in a highly indus- trialized area may not be permissible in a pristine marshland. Accordingly, the definition may also be correlated with the nature (including current uses) and location of the land on which the use to to take place. The analyses which the State will undertake pursuant to this section should also be useful in satisfy- ing the requirements of 8 923.13 through S 923.17. §923.13 Areas of particular concern. (a) Requirement. In order to fulfill the requirements contained in 8ection 305 (b)(3), the management program must show evidence that the- State has made an inventory and designation of areas of particular concern within the coastal zone. Such designations shall be based upon a review of natural and man-made coastal zone resources and uses, and upon consideration of State-established criteria which include, at a minimum, those factors contained in 15 CFR 920.13, namely: (1) Areas of unique, scarce, fragile or vulnerable natural habitat, physical fea- ture, historical significance, cultural value and scenic importance; (2) Areas of high natural productiv- ity or essential habitat for living re- sources. Including fish, wildlife 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 utiliza- tion of, or access to, coastal waters; (5) Areas of unique geologic or topo- graphic significance to industrial or com- mercial development; (6) Areas of urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas of significant hazard if de- veloped, due to storms, slides, floods, ero- sion, settlement, etc.; and (8) Areas needed to protect, maintain or replenish coastal lands or resources, including j:oastal flood plains, aquifer re- charge areas, sand dunes, coral and other reefs, beaches, offshore sand deposits and mangrove stands. (b) Comment. Statutory citation: Sec- tion 305(b) (3). Such management program abaU include * * * an Inventory and designation of areas of particular concern within the coastal Bona. Useful background information concern- ing the requirement appears in 15 CFR 920.13, which is incorporated here by reference. It should be emphasized that the basic purpose of inventorying and designating areas of particular concern within the coastal zone is to express some measure of Statewide concern about them and to include them within the purview of the management program. Therefore, particular attention in re- viewing the management program will be directed toward development by the State of implementing policies or actions to manage the designated areas of particu- lar concern. § 923.14 Guidelines on priority of uses. (a) Requirement. The management program shall Include broad policies or guidelines governing the relative priori- ties which will be accorded in particular areas to at least those permissible land and water uses identified pursuant to 8 923.12. The priorities will be based upon an analysis of State and local needs as well as the effect of the usas on the area. Uses of lowest priority will be specifically stated for each type of area. (b) Comment. Statutory citation: Sec- tion 305(b)(5) Such management program shall in- clude • • • broad guidelines on priority of uses In particular areas. Including speolflcally those uses of lowest priority. As pointed out in 15 CFR 920.15, the priority guidelines will set forth the degree of State interest in the preserva- tion, conservation and orderly develop- ment of specific areas including at least those areas of particular concern identi- fied in 8 923.13 within the coastal zone, and thus provide the basis fox regulating land and water uses in the coastal zone, as well as a common reference point for resolving conflicts. Such priority guide- lines will be the core of a successful management program since they will provide a framework within which the State, its agencies, local governments and regional bodies can deal with specific proposals for development activ- ities in various areas of the coastal zone. In order to develop such broad guidelines, the management program shall indicate that a method has been developed and applied for (1) analyzing State needs which can be met most effectively and efficiently through land and water uses in the coastal zone, and (2) determining the capability and suitability of meeting these needs in specific locations in the coastal zone. In analyzing the States' needs, there should be a determination made of those requirements and uses which have Statewide, as opposed to local, significance. Section 302(h) of the Act states in part that land and water use programs for thS coastal zone should include "unified policies, criteria, stand- ards, methods and processes for dealing with land and water use decisions of more than local significance." The in- ventory and analyses of coastal resources and uses called for in 8 923.12 will provide the State with most of the basic data needed to determine the specific loca- tions where coastal resources are capable and suitable for meeting State- FEDERAl REGISTER, VOL. 40, NO. 6— THURSDAY, JANUARY 9, 1975 1688 RULES AND REGULATIONS wide needs. In addition, these analyses should permit the State to determine possible constraints on development which may be applied by particular uses. The program should establish special procedures for evaluating land use deci- sions, such as the siting of regional energy facilities, which may have a sub- stantial impact on the environment. In such cases, the program should make provision for the consideration of avail- able alternative sites which will serve the need with a minimum adverse Impact. The identifying and ordering of use pri- orities in specific coastal areas should lead to the development and adoption of State policies or guidelines on land and water use in the coastal zone. Such pol- icies or guidelines should be part of the management program as submitted by the State and should be consistent with the State's specified management pro- gram objectives. Particular attention should be given by the State to applying these guidelines on use priorities within those "areas of particular concern" des- ignated pursuant to 8 923.13. In addi- tion. States shall indicate within the management program uses of lowest priority in particular areas, including guidelines associated with such uses. § 923.15 National interest in the siting of facilities. (a) Requirement. A management pro- gram which Integrates (through develop- ment of a body of information relating to the national interest involved in such siting through consultation with cogni- zant Federal and regional bodies, as well as adjacent and nearby States) the siting of facilities meeting requirements which are of greater than local concern Into the determination of uses and areas of Statewide concern, will meet the re- quirements of Section 306(c)(8). (b) Comment. Statutory citation: Sec- tion 306(c) (8) : Prior to granting approval of a manage- ment program submitted by a coastal State, the Secretary shall find that • • • the man- agement program provides for adequate con- sideration of the national Interest Involved In the siting of facilities necessary to meet requirements which are other than local In nature. This policy requirement is intended to assure that national concerns over fa- culty siting are expressed and dealt with in the development and implementation of State coastal zone management pro- grams. The requirement should not be construed as compelling the States to propose a program which accommodates certain types of facilities, but to assure that such national concerns are included at an early stage in the State's planning activities and that such facilities not be arbitrarily excluded or unreasonably re- stricted in the management program without good and sufficient reasons. It is recognized that there may or may not be a national interest associated with the siting of facilities necessary to meet requirements which are other than local in nature. Requirements which are other than local in nature shall be considered those requirements which, when ful- filled, result in the establishment of fa- culties designed clearly to serve more than one locality (generally, the lowest unit of local, general-purpose govern- ment, excluding situations such as with cities and counties which exercise con- current Jurisdiction for the same geo- graphic areas). In order to provide as- sistance to the States in completing this requirement, a listing is presented below which identifies those requirements which are both (1) other than local In nature, and (2) possess siting character- istics In which, in the opinion of the Secretary, there may be a clear national Interest. For each such need, there Is a listing of associated facilities. In addi- tion, the principal cognizant Federal agencies concerned with these facllitieu are also listed. This list must not be con- sidered Inclusive, but the State should consider each requirement and facility type in the development of its manage- ment program. Consideration of these requirements and facilities need not be seen as a separate and distinct element of the management program, and the listing is provided to assure that the siting of such facilities is not overlooked or Ignored. As part of its determination of permissible uses in the coastal zone (5 923.12), as well as of priority of uses (§ 923.14), the State will have developed a procedure for inventorying coastal re- sources and identifying their existing or potential utilization for various purposes based upon capability, suitability and Impact analyses. The process for re- sponding to the requirements of Section 306(c) (8) should be identical to. and part of, the same procedure. No separate national Interest "test" need be applied and submitted other than evidence that the listed national interest facilities have been considered in a manner similar to all other uses, and that appropriate con- sultation with the Federal agencies listed has been conducted. As a preliminary to adequate consideration of the na- tional Interest, the State must determine the needs for such facilities. Manage- ment programs must recognize the need of local as well as regional and national populations for goods and services which can be supplied only through the use of facilities In the coastal zone in order to make reasonable provision for such facilities In light of the size and popu- lation of the State, the length and char- acteristics of Its coast and the contribu- tion such State is already making to regional and national needs. This will require the State to enter Into discus- sions with appropriate Federal agencies and agencies of other States in the re- gion, a process which should begin early In the development of the management program so that the full dimensions of the national interest may be considered as the State develops its program (§ 923.31 and §923.32) . The management program should make reference to the views of cognizant Federal agencies as to how these national needs may be met in the coastal zone of that particular State. States should actively seek such guidance from these Federal agencies, particularly In view of the fact that all management programs will be reviewed with the opportunity for full comment by all affected Federal agencies prior to approval. It is recognized that Federal agencies will differ markedly in their abilities to articulate policies regarding utilization of Individual State's coastal zones. NOAA's Office of Coastal Zone Management will encourage Federal agencies to develop policy statements re- garding their perception of the national Interest In the coastal zone and make these available to the States. The States should also consult with adjacent and nearby States which share similar or common coastal resources- or with re- gional Interstate bodies to determine how regional needs may be met in siting fa- cilities. Specific arrangements of "trade- offs" of coastal resource utilization should be documented with appropriate supporting Evidence. The importance of this type of interstate consultation and cooperation in planning cannot be over- emphasized for It offers the States the opportunity of resolving significant na- tional problems on a regional scale with- out Federal Intervention. Requtrcmenf which are other than local In nature and in the tiling of which there may be a clear national Inttrett (wttA (Mociate d facUutet and cognizant Federal atiencia) Requirements Associated facilities Cognizant Federal Agencies 1. Energy production and transmis- sion. Oil and gas wells; storage and distri- bution (acllltles; refineries; nu- clear, conventional, and hydrv electric powerplants; deepwatisr ports. 2. Recreation (o(an Interstate nature).. National seashores, parks, forests; large and outstanding beaches ar d recreational waterfronts; wildlife reserves. J. Interstate transportation Interstate highways, airports, aids to navigation; ports and harbor!, railroads. i. Production of food and fiber Prime agricultural land and facili- ties; forests; maricullure facilities; fisheries. 5. Preservation of life and property Flood and storm protection facili- ties; disaster warning facilities. ft. National defense and aerospace Military installations; defense man- ufacturing facilities; aerospace launching and tracking facilities. 7. Historic, cultural, esthetic and con- Historic sites; natural areas; areas of servation values. ui.ique cultural significance; wild- life refuges; areas of species and habllnt preservation. 8. Mineral resources Mineral extraction facilities needed to directlj support activity. Federal Energy Administration, Federal Power Commission, Bu- reau of Land Management. Atomio Energy Commission. Maritime Ad- ministration, Geological Survey, Department of Transportation, Corps of Engineers. NaUonal Park Service, Forest Serv- ice, Bureau of Outdoor Recreation. Federal ITlghway Administration, Federal Aviation Administration, Coast Guard. Corps of Engineers, Maritime Administration. Inter- state Commerce Commission. Soil Conservation Service, Forest Service, Fish and Wildlife Service, National Marine Fisheries Service Corps of Engineers, Federal Insur- ance Administration, NOAA, Soil Conservation Service. Department of Defense, NASA. National Register of Historic Places, National Park Service, Fish and Wildlife Service, NaUonal Marine Fisheries Service. Bureau of Mines, Geological Survey. FEDERAL REGISTER, VOL 40, NO. 6— THURSDAY, JANUARY 9, 1975 tULBS AND RIGULATIONS 1689 8 923.16 Arm fatg—doM lor tion and restoration. (a) Requirement. In ordtr to fulfill the requirement contained In Section 306(e) (0) . the management program must enow evidence that the State has developed and applied standard* and criteria for the designation ofareas of conservation, recreational, ecological or esthetic value* for the purpose of preserving and restor- ing them. (b) Comment. Statutory citation: Sec- tion 306(c) (9) : Prior to granting approval of a manage- ment program submitted by a coastal State, the Secretary ahall find that • • • the man- agement program makes provision tot pro- cedures whereby specific areas may be desig- nated for the purpose of preserving or restoring them for their conservation, recre- ation, ecological or esthetic values. (1) This requirement Is closely linked to that contained in I 023.13, dealing with designation of areas of particular con- cern. Unless the State can make a com- pelling case to the contrary, all areas designated according to the methods called for in this part shall also be con- sidered as areas ot particular concern. (2) This requirement Is reasonably self-explanatory. The 8tate must de- velop procedures for the designation of areas wKh certain characteristics. The State. In doing so. must: (I) Establish standards and criteria for the possible designation of coastal areas intended for preservation or restoration because of their conservation, recrea- tional, ecological or esthetic values, and (II) Apply those standards and criteria to the State's coastal resources. (In this, the Inventory associated with the re- quirement of J 823.13 will be most help- ful.) (3) The requirement of the statute goes to the procedures rather than sub- stance; the fact that a State may be unable to move rapidly ahead with a program of preservation or restoration will not prevent the program from being approved. The State should also rank in order of relative priority areas of its coastal zone which have been designated for the purposes set forth in this section. As funds become available, such a rank- ing will provide a set of priorities for selecting areas to be preserved or re- stored. § 923.17 Local regulations and uses of regional benefit. (a) Requirement. In order to fulfill the requirement contained in Section 306(e)(2), the management program must show evidence that the State has developed and applied a method for de- termining uses of regional benefit, and that it has established a method for as- suring that local land and water use controls In the coastal zone do not un- reasonably or arbitrarily restrict or ex- clude those uses of regional benefit. (b) Comment. Statutory citation: Sec- tion 306(e) (2) : Prior to granting approval, the Secretary shall also And that the program provides • • • for a method of assuring that local land and water use regulations within the coastal sone do not unreasonably restrict or MOtuds land and water uses of regional bsaaflt This requirement Is Intended to prevent local land and water use decisions from arbitrarily excluding certain land and water uses which are deemed of Impor- tance to more than a single unit of local government. For the purposes of this re- quirement, a use of regional benefit will be one which provides services or other benefits to citizens of more than one unit of local, general-purpose government (excluding situations such as in cities and counties which exercise jurisdiction over the same geographic areas). In order to assure that arbitrary exclusion does not occur, the State must first identify those uses which it perceives will affect or produce some regional benefit. This designation would normally be derived from the inventory and anal- ysis of the uses contained in f 923.12. In any event, however, these uses should Include those contained in the table of 1923.15. In addition, the State may determine that certain land and water uses may be of regional benefit under certain sets of circumstances; the State should then establish standards and criteria for determining when such con- ditions exlsti There should be no blanket exclusion or restrictions of these uses in areas of the coastal zone by local regu- lation unless it can be shown that the exclusion or restriction is based upon reasonable considerations of the suit- ability of, the area for the uses or the carrying capacity of the area. The re- quirement of this section does not ex- clude the possibility that in specific areas certain uses of regional benefit may be prohibited. However, such exclusions may not be capricious. The method by which the management program will assure that such unreasonable restric- tions or exclusion not occur in local land and water use decisions will, of course, be up to the State, but it should Include the preparation of standards and criteria relating to State Interpretation of "un- reasonable restriction or exclusion", as well as the establishment of a continuing mechanisms for such determination. Subpart C — Authorities and Organization g 923.20 General. This subpart deals with requirements that the State possess necessary authori- ties to control land and water uses and that it be organized to implement the management. It should be emphasized that before final approval of a coastal zone management program can be given by the Secretary of Commerce, the au- thorities and organizational structure called for in the management program must be hi place. Preliminary approval, however, can be given to a proposal which will require subsequent legislative or executive action for Implementation and eligibility for administrative grants under Section 306. § 923.21 Means of exerting Stale control over land and water U9e». (a) Requirement. In order to fulfill the requirements contained in Sections 305(b)(4) and 306(c)(7), the manage- ment program must show evidence that the State has identified a means for con- trolling each permissible land and water use specified in I 923.12. and for preclud- ing land and water uses In the coastal sone which are not permissible. The management program should contain a list of relevant constitutional provisions, legislative enactments, regulations, Judi- cial decisions and other appropriate offi- cial documents or actions which estab- lish the legal basis for such controls, as well as documentation by the Governor or his designated legal officer that the State actually has and is prepared to im- plement the authorities, including those contained In Section 306(d), required to implement the objectives, policies and Individual components of the program. (b) Comment. Statutory citation: Section 305(b) (4) : Such management program shall Include • • • an Identification of the means by which the State proposes to exert control over the land and water uses referred to In paragraph (2) of this subsection. Including a listing of relevant constitutional provisions, legislative enactments, regulations and Judi- cial decisions; Statutory citation: Section 306(c) (7) : Prior to granting approval of a manage- ment program submitted by a coastal State, the Secretary shall find that • • • the State has the authorities necessary to Im- plement the program. Including the author- ity required under subsection (d) of this section. Useful Information concerning this re- quirement appears in 15 CFR 920.14, which Is Incorporated into this part by reference. The key words in this require- ment are, "to exert control over the land and water uses." This reflects the Congressional finding that the "key to more effective protection and use of the land and water resources of the coastal zone is to encourage the States to exer- cise their full authority over the lands and waters In the coastal zone • • •." It Is not the intent of this part to specify for the. States the "means" of control; this Is a State responsibility. The State must, however, describe in the manage- ment program its rationale for develop- ing and deciding uncn such "means." The "means" must be capable of actually Implementing the objectives, policies and individual components of the man- agement program. As such, requirements shall be reviewed in close conjunction with { 923.24, 923.25 and § 923.26, relat- ing to actual authorities which the Stata must possess. The management program should also indicate those specific land and water uses over which authority, jurisdiction or control will be exercised concurrently by both State and Federal agencies, particularly those uses affecting water resources, submerged lands and navigable waters. The management pro- gram must provide for control of land and water uses in the coastal zone, al- though the exercise of control may te vested in, or delegated to, various agen- cies or local government. As part of tha approval of a management program, tha Secretary must find that the means fcr controlling land and water uses identi- fied in 5 923.21 are established and in place, and that the means Include the FEDERAL REGISTER, VOL 40, NO. 6— THURSDAY, JANUARY 9, 1975 1690 RULES AND REGULATIONS authorities contained in § 923.24 and § 923.25. This finding will be based upon documentation by the Governor of the coastal State or his designated legal offi- cer that the State possesses and Is pre- pared to implement the requisite au- thorities. § 923.22 Organizational structure to im- plement the management program. Requirement. In order to fulfill the requirement, contained in Section 305(b) (6) , the management program must con- tain a description of how the State is or- ganized to implement the authorities identified in § 923.21. In addition, the management program must contain a certification by the Governor of the State or his designated legal officer that the State has established its organiza- tional structure to implement the man- agement program. . The State must provide evidence that the listed agencies and parties were, in fact, provided with an opportunity for full participation. It will be left to the States to determine the method and form of such evidence, but it should contain at a minimum: (i) A listing, as comprehensive as pos- sible, of all Federal and .'State agencies, local governments, regional organiza- tions, port authorities and public and private organizations which are likely to be affected by, or have a direct interest in, the development and implementation of a management program (including those identified in § 923.32), and (ii) A listing of the specific interests of such organizations in the development of the management program, as well as an identification of the efforts made to involve such bodies in the development process. (a) "Opportunity for full participa- tion" is interpreted as requiring partici- pation at all appropriate stages of man- agement program development. The as- sistance which can be provided by these public and private organizations can often be significant, and therefore con- tact with them should be viewed not only as a requirement for approval, but as an opportunity for tapping available sources of information for program de- velopment. Early and continuing con- tact with these agencies and organiza- tions is both desirable and necessary. In many cases it may be difficult or impos- sible to identify all interested parties early in the development of the State's program. However, the public hearing requirement of 5 923.4* should afford an opportunity to participate to interested persons and organizations whose interest was not initially noted. (3) Consistency with the policy de- clared in section 303 of the Act. In order to facilitate this review, the State's man- agement program must indicate specifi- cally how the program will carry out the policies enumerated in section 303. § 923.32 Consultation and coordination with other planning. (a) Requirement. In order to fulfill the requirements contained in section 306(c) <2) , the management program must In- clude: (1) An identification of those entities mentioned which have plans in effect on January 1 of the year submitted, (2) A listing of the specific contacts made with all such entities in order to coordinate the management program with their plans, (3) An identification of the conflicts with those plans which have not been resolved through coordination, and con- tinuing actions contemplated to attempt to resolve them, and (4) Indication that a regular consul- tive mechanism has been established and is active, to undertake coordination be- tween the single State agency designated pursuant to § 923.23, and the entities in paragraph (B) of Section 306 which have such plans and to provide evidence that coordination with them has taken place. The process envisioned should not only enable a State to avoid conflicts between its program and other plans applying within its coastal zone, but to draw upon the planning capabili- ties of a wide variety of local govern- ments and other agencies. In developing and implementing those portions of the program dealing with power transmission lines, pipelines, interstate transportation facilities and other facilities which will significantly impact on neighboring States of a region, particular attention should be paid to the requirements of thi? section. Subpart E — Miscellaneous § 923.44) General. The requirements in this subpart do not fall readily into any of the above categories but deal with several impor- tant elements of an approvable man- agement program. They deal with public hearings in development of the manage- ment program, gubernatorial review and approval, segmentation of State pro- grams and applicability of water and air pollution control requirements. § 923.41 Public hearings. (a) Requirements. In order to fulfill the requirement contained in section 306(c)(3), the management program must show evidence that the State has held public hearings during the devel- opment of the management program following not less than 30 days notifica- tion, that ali documents associated with the hearings are conveniently available to the public for review and study at least 30 days prior to the hearing, that the hearings are held in places and at times convenient to affected populations, that all citizens of the State have an opportunity to comment on the total management program and that a report on each hearing be prepared and made available to the public within 45 days. (b) Comment. Statutory citation: Sec- tion 306(c) (3) : Prior to granting approval of a manage- ment program submitted by a coastal State, the Secretary shall find; that • • • (t)he Stite has held public hearings on the de- velopment of the management program Extensive discussion and statements of policy regarding this requirement ap- pears in §§ 920.30, 920.31 and 920.32, which is incorporated herein by refer- ence. § 923.42 Gubernatorial review and ap- proval. (a) Requirement. In order to fulfill the requirement contained in section 306 (c) (4) , the management program must con- tain a certification signed by the Gover- nor of the coastal State to the effect that he has reviewed and approved the man- agement program and any amendments thereto. Certification may be omitted in FEDfRAL REGISTER, VOL 40, NO. 6 — THURSDAY, JANUARY 9, 1975 tULES AND REGULATIONS 1693 the ease of a prognun tubmltUd for pre- liminary approval. (b) Comment. Statutory citation: Sec- tion 306(c) (4) : Prior to granting approval of a manage- ment program submitted by a ooaital State, the Secretary shall find 'hat • • • the man- agement program and any changes thereto have been reviewed and approved by *he Qovernor. This requirement Is self-explanatory. § 923.45 Segmentation. (a) Requirement. If the State Intends to develop and adopt Its management program in two or more segments. It shall advise the Secretary as early as prac- ticable stating the reasons why segmen- tation is appropriate and requesting his approval. Each segment of a management program developed by segments must 6how evidence (1) that the State will exercise policy control over each of the segmented management programs prior to, and following their Integration Into a complete State management program, such evidence to include completion of the requirements of S 823. 1J (Boundaries of the coastal zone) and I 923.15 (Na- tional Interest In the siting of facilities) for the State's entire coastal zone, (2) that the segment submitted for approval includes a geographic area on both sides of the coastal land-water interface, and (3) that a timetable and budget have been established for the timely comple- tion of the remaining segments or segment. (b) Comment. Statutory citation: Sec- tion 306(h): At the discretion of the State and with the approval of the Secretary, a manage- ment program may be developed and adopt- ed In segments so that Immediate attention may be devoted to those areas within the coastal zone which most urgently need man- agement programs: Provided. That, the State adequately provides for the ultimate coordi- nation of the various segments of the man- agement program into a single, unified pro- gram, and that the unified program will be completed as soon as reasonably practica- ble. (1) This section of the Act reflects a recognition that It may be desirable for a State to develop and adopt its man- agement program In segments rather than all at once because of a relatively long coastline, developmental pressures or public support In specific areas, or earlier regional management programs developed and adopted. It Is important to note, however, that the ultimate ob- jective of segmentation is completion of a management program for the coastal zone of the entire State In a timely fashion. Segmentation Is at the State's option, but requires the approval of the Secretary. States should notify the Sec- retary at as early a date as possible re- garding Intention to prepare a manage- ment program In segments. (2) Continuing Involvement at the State as well as local level in the de- velopment and Implementation of seg- mented programs is essential. This em- phasis on State participation and co- ordination with the program as a whole should be reflected In the Individual seg- ments of a management program. Re- gional agencies and local governments may play a large role In developing and carrying out such segmented programs, but there must be a continuing State voice throughout this process. This State Involvement shall be expressed In the first segment of the management pro- gram In the form of evidence that (1) the boundaries of the coastal zone for the entire State have been defined (pursuant to 8 923.11) and (li) there has been ade- quate consideration of the national in- terest involved in the siting of facilities necessary to meet requirements which are other than local in nature (pursuant to § 923.15) for the State's entire coast- al zone. These requirements are de- signed to assure that the development of a Statewide coastal zone management program proceeds in an orderly fashion and that segmented programs reflect ac- curately the needs and capabilities of the State's entire coastal zone which are represented in that particular segment. (3) The Act's Intent of encouraging and assisting State governments to de- velop a comprehensive program for the control of land and water uses In the coastal zone Is clear. This intent should therefore apply to segments as well, and segmented management programs should be comprehensive In nature and deal with the relationship between and among land and water uses. No ab- solute minimum or maximum geographic size limitations will be established for the area of coverage of a segment. On the one hand, segments should include an area large enough to permit compre- hensive analyses of the attributes and limitations of coastal resources within the segment of State needs for the util- ization or protection of these resources and of the interrelationships of such util- izations. On the other hand, it is not contemplated that a segmented man- agement program will be developed sole- ly for the purpose of protecting or con- trolling a single coastal resource or use, however desirable that may be. (4) One of the distinguishing features of a coastal zone management program is its recognition of the relationship be- tween land uses and their effect upon coastal waters, and vice versa. Segments should likewise recognize this relation- ship between land and water by includ- ing at least the dividing line between them, plus the lands or waters on either side which are mutually affected. In the case of a segment which is predominant- ly land, the boundaries shall include those waters which are directly and sig- nificantly Impacted by land uses In the segment. Where the predominant part of the segment is water, the boundaries shall Include the adjacent shorelands strongly Influenced by the waters, Includ- ing at least transitional and Inter-tidal areas, salt marshes, wetlands and beaches (or similar such areas in Great Lake States) . (5) Segmented management programs submitted for approval will be reviewed and approved in exactly the same man- ner as programs for complete coastal zones, utilizing the same approval cri- teria, plus those of this section. § 923.44 Applicability of air and water pollution control requirements. (a) Requirement. In order to fulfil* the requirements contained in Section 307(f) of the Act the management pro- gram must be developed in close coordi- nation with the planning and regulatory systems being implemented under the Federal Water Pollution Control Act and Clean Air Act, as amended, and be con- sistent with applicable State or Federal water and air pollution control stand- ards in the coastal zone. Documentation by the official or officials responsible for State Implementation of air and water pollution control activities that those re- quirements have been Incorporated into the body of the coastal zone management program should accompany submission of the management program. (b) Comment: Statutory citation: Section 307(f) : Notwithstanding any other provision of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air Act, as amend- ed, or (2) established by the Federal govern- ment, or any State or local government pur- suant to such Acts. Such requirements shall be Incorporated In any program developed pursuant to this title, and shall be the water pollution control requirements and air pol- lution control requirements applicable to such program. (1) The basic purpose of this require- ment is to ensure that the management program does not conflict with the na- tional and State policies, plans and regu- lations mandated by the Federal Water Pollution Control Act, as amended, and the Clean Air Act as amended. The pol- icies and standards adopted pursuant to these Acts should be considered essential baselines against which the overall man- agement program is developed. This is a specific statutory requirement that re- flects the overall coastal zone manage- ment objective of unified state manage- ment of environmental laws, regulations and applicable standards. To this end. management programs should provide for continuing coordination and cooper- ation with air and water programs dur- ing subsequent administration of the ap- proved management program. (2) There are also significant oppor- tunities for developing working relation- ships between air and water quality agencies and coastal zone management programs. These opportunities include such activities as joint development of Section 208 areawide waste treatment management planning and coastal zone management programs; consolidation and/or incorporation of various plan- ning and regulatory elements Into these closely related programs; coordination of monitoring and evaluation activities; Increased management attention being accorded specifically to the coastal waters; consultation concerning the de- sirability of adjusting state water quality standards and criteria to complement coastal zone management policies; and designation of areas of particular con- cern or priority uses. FEDERAL REGISTER, VOL. 40, NO. -THURSDAY, JANUARY 9, 1975 1694 RULES AND REGULATIONS Subpart F — Applications for AdmfniMtratlv* Grants § 923.50 General. The primary purpose of administrative grants made under section 306 of the Act is to assist the States to Implement coastal zone management programs fol- lowing their approval by the Secretary of Commerce. The purpose of these guide- lines is to define clearly the processes by which grantees apply for and administer grants under the Act. These guidelines shall be used and interpreted in con- junction with the Grants Management Manual for Grants under the Coastal Zone Management Act, hereinafter re- ferred to as the "Manual." This Manual contains procedures and guidelines for the administration of ell grants covered under the Coastal Zone Management Act of 1972. It has been designed as a tool for grantees, although it addresses the responsibilities of the National Oceanic and Atmospheric Administra- tion and its Office of Coastal Zone Man- agement, which is responsible for admin- istering programs under the Act. The Manual incorporates a wide range of Federal requirements, including those established by the Office of Management and Budget, the General Services Ad- ministration, the Department of the Treasury, the General Accounting Office and the Department of Commerce. In addition to specific policy requirements of these agencies, the Manual includes recommended policies and procedures for grantees to use In submitting a grant application. Inclusion of recommended policies and procedures for grantees does not limit the choice of grantees in select- ing those mast useful and applicable to local requirements and conditions. § 923.51 Administration of the pro- gram. The Congress assigned the responsi- bility for the administration of the Coastal Zone Management Act of 1972 to the Secretary of Commerce, who has des- ignated the National Oceanic and Atmos- pheric Administration (NOAA) as the agency in the Department of Commerce to manage the program. NOAA has estab- lished the Office of Coastal Zone Man- agement for this purpose. Requests for information on grant applications and the applications themselves should be directed to: Director. Office of Coastal Zone Management (OCZM) National Oceanic and Atmospheric Adminis- tration. VS. Department of Commerce Rockvllle. Maryland 20852 § 923.52 Stale responsibility. (a) The application shall contain a designation by the Governor of a coastal State of a single agency to receive and have fiscal and programmatic responsi- bility for administering grants to imple- ment the approved management pro- gram. (b) A single State application will cover all program management elements, whether carried out by State agencies, areawide/regional agencies, local govern- ments, interstate or other entities. § 923.53 Allocation. Section 306(f) allows a State to al- locate a portion of Its administrative grant to sub-State or multi-State entities if the work to result from the allocation contributes to the effective implementa- tion of the State's approved coastal zone management program. The requirements for identifying 6uch allocations are set forth in § 923.55(e). § 923.54 Geographical segmentation. Authority is provided in the Act for a State's management program to be de- veloped and adopted in segments. Addi- tional criteria for the approval of a seg- mented management program are set forth in Subpart E § 923.43. Application procedures for an administrative grant to assist in administering an approved segmented management program will be the same as set forth in this subpart for applications to administer an approved management program for the entire coastal zone of a State. § 923.55 Application for the initial ad- ministrative grant. (a) The Form CD-288, Preapplica- tion for Federal Assistance, required only for the Initial grant, must be sub- mitted 120 days prior to the beginning date of the requested grant. The pre- appllcation shall include documentation, signed by the Governor, designating the State office, agency or entity to apply for and administer the grant. Copies of the approved management program are not required. The preapplication form may be submitted prior to the Secretary's approval of the applicant's management program provided, after consultation with OCZM, approval is anticipated within 60 days of submittal of the preapplication, (b) All applications are subject to the provisions of OMB Circular A-95 (re- vised) . The Form CD-288. Preapplica- tion for Federal Assistance, will be transmitted to the appropriate clear- inghouses at the time it is submitted to the Office of Coastal Zone Management (OCZM). If the application is deter- mined to be Statewide or broader in na- ture, a statement to that effect shall be attached to the Preapplication form submitted to OCZM. Such a determina- tion does not preclude the State clear- inghouse from involving area-wide clearinghouses In the review. In any event, whether the application is con- sidered to be Statewide or not, the Pre- application form shall include an attach- ment indicating the date copies of the Preapplication form were transmitted to the State clearinghouse and if appli- cable, the identity of the areawide clear- inghouse^) receiving copies of the Pre- application form and the date(s) transmitted. The Preapplication form may be used to meet the project notifi- cation and review requirements of OMB Circular A-95 with the concurrence of the appropriate clearinghouses. In the absence of such concurrence the project notification and review procedures, established State and areawide clearing- houses, should be Implemented simul- taneously with the distribution of the preapplication form. (c) Costs claimed as charges to the grant project must be beneficial and necessary to the objectives of the grant project. The allowability of costs will be determined in accordance with the provi- sions of FMC 74—4. Administrative grants made under section 306(a) of the Act are clearly intended to assist the States in administering their approved man- agement programs. Such intent precludes tasks and related costs for long range research and studies. Nevertheless it is recognized that the coastal zone and its management is a dynamic and evolving process wherein experience may reveal the need for specially focused, short-term studies, leading to improved management processes and techniques. The OCZM will consider such tasks and their costs, based upon demonstrated need and expected contribution to more effective manage- ment programs. (d) The Form CD-292. Application for Federal Assistance (Non-Construction Programs), constitutes the formal appli- cation and must be submitted 60 days prior to the desired grant beginning date. The application must be accompanied by evidence of compliance with A-95 "re- quirements including the resolution of any problems raised by the proposed project. The OCZM will not accept appli- cations substantially deficient in adher- ence to A-95 requirements. (e) The State's work program Imple- menting the approved management pro- gram is to be set forth in Part IV. Pro- gram Narrative, of the Form CD-292 and must describe the work to be accom- plished during the grant period. The work program should Include: (1) An identification of those elements of the approved management program that are to be supported all or In part by the grant and the matching share, hereinafter called the grant project. In any event, activities related to the es- tablishment and Implementation of State responsibilities pursuant to Section 307 (c) (3) and Section 307(d) of the Act, are to be included in the grant project. (2) A precise statement of the major tasks required to implement each ele- ment. (3 ) For each task, the following should be specified: (1) A concise statement of how each task will accomplish all or part of the program element to which it is related. Identify any other State, areawide, re- gional or interstate agencies or local gov- ernments that will be allocated respon- sibility for carrying out all or portions of the task. Indicate the estimated cost of the subcontract /grant for each allocation". (ii) For each task Indicate the esti- mated total cost. Also indicate the esti- mated total man-months, if any, allo- cated to the task from the applicant's in-house staff. (iii) For each task, list the estimated cost using the object class categories 6.a. through k., Part m, Section B — Budget Categories of Form CD-292. FEDERAL REGISTER, VOL 40, NO. 6 — THURSDAY, JANUARY 9, 1975 (4) The sum of all the task ooete to sub-paragraph <3> of thto paragraph should equal the total estimated grant project costs. (5) Using two categories. Professional and Clerical, indicate the total number of personnel In each category on the ap- plicant's in-house staff, that will be as- signed to the grant project. Additionally indicate the number assigned full time and the number assigned less than full time in the two categories. (6) An identification of those manage- ment program elements, if any, that will not be supported by the grant project, and how they will be Implemented. g 923.56 Approval of applications. (a) The application for an adminis- trative grant of any coastal State with a management program approved by the Secretary of Commerce, which compiles with the policies and requirements of the Act and these guidelines, shall be ap- proved by OCZM. assuming available funding. (b) Should an application be found deficient, OCZM will notify the applicant In writing, setting forth In detail the manner In which the application fails to conform to the requirements of the Act or this subpart. Conferences may be held on these matters. Corrections or adjust- ments to the application will provide the basis for resubmlttal of the application for further consideration and review. (c) OCZM may, upon finding of exten- uating circumstances relating to applica- tions for assistance, waive appropriate administrative requirements contained herein. § 923.57 Amendment* Amendments to an approved applica- tion must be submitted to, and approved by, the Secretary prior to initiation of the change contemplated. Requests for sub- stantial changes should be discussed with OCZM well in advance. It is recognized that, while all amendments must be ap- proved by OCZM most such requests will be relatively minor in scope; therefore, approval may be presumed for minor amendments if the State has not been notified of objections within 30 working days of date of postmark of the request § 923.58 Applications for second and Subsequent year grants. (a) Second and subsequent year ap- plications will follow the procedures set forth In this subpart, with the following exceptions: (1) The preapplicatlon form may be used at the option of the applicant. If used, the procedures set forth In § 023.55 (b) will be followed and the preapplica- tlon is to be submitted 120 days prior to the beginning date of the requested grant. If the preapplicatlon form is not used, the A-95 project notification and review procedures established by State and areawide clearinghouses should be followed. (2) The application must contain a statement by the Governor of the coastal State or his designee that the manage- ment program as approved earlier by the ft U. S. GOVERNMENT PRINTING OFFICE : 1976—210-801/351 lULff AND IIGULATtOMf ■tertiary of Coauntrea, vttb any ap- proved a m e ndment s, to B pMj th t an* has not been materially altered. Into state- ment will provide the basis for an annual OCZM certification that the approved management program remain* In- elect. thus fulfilling, In part, the requlremento of section 309(a) for a continuing re- view of management programs. (3) The Governor's document desig- nating the applicant agency to not re- quired, unless there has been a change of designation. (4) Copies of the approved manage- ment program or approved amendments thereto are not required. (FB Doo.76-788 riled l-8-76;«:« am] HDEIAL IKMSreS, VOL 40. NO. 6— THUtSOAY, MMUAtY 9, 1975 Tplil" 7 ^6-l9l 6