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courage discussion in various forums of and that the unified program will be the subject matter of the hearings and completed as soon as is reasonably practo take other steps to insure that the ticable. Grants given to the State must public can participate in the process in be expended for the development of a a meaningful manner. The following are management program that meets the resuggested to accommodate increased quirements of the Act. The grants shall public participation:

not exceed two-thirds of the costs of the (a) Establish arrangements for ex- annual programs. Federal funds received changing information, data, and reports, from other sources cannot be used to among State and local government agen- match these grants. No more than three cies, citizen groups, special interest annual management program developgroups, and the public at large, through- ment grants can be awarded to a State. out the development and administration (b) Section 305(c) of the Act provides: of the coastal zone program.

In order to qualify for grants under this (b) The State should provide, after section, the State must reasonably demonnotice, the opportunity of participation strate to the satisfaction of the Secretary by relevant Federal agencies, State agen

that such grants will be used to develop a cies, local organizations, port authorities management program consistent with the reand other interested parties both public

quirements set forth in section 306 of the

Act. After making the initial grant to a and private.

coastal State, no subsequent grant shall be (c) Develop mechanisms in addition

made under this section unless the Secretary to public hearings to allow citizens and finds that the State is satisfactorily developthe public at large to effectively partici- ing such management program. pate in the coastal zone program. The fol

8 920.41 Administration of the program. lowing are examples of some of the components that may be used in the par

The Congress assigned the responsiticipation process:

bility for the administration of the (1) Citizen involvement in the devel- Coastal Zone Management Act of 1972 opment of the goals and objectives. to the Secretary of Commerce, who has (2) Citizen appointment by the agency

designated the National Oceanic and to a Citizen Advisory Committee.

Atmospheric Administration the (3) Establishment of processes to re- agency in the Department of Commerce view component elements of the manage

to manage the program. NOAA has esment program by selected citizen groups tablished the Office of Coastal Zone Manand the general public.

agement for this purpose. Requests for

information on grant applications and Subpart E-Applications for Development

the applications themselves should be diGrants

rected to: $ 920.40 General.

Director, Office of Coastal Environment, (a) The primary purpose of the de- National Oceanic and Atmospheric Adminisvelopment grant is to assist States in

tration, U.S. Department of Commerce, Rockdeveloping a comprehensive management

ville, Md. 20852. program for their coastal zone. While $ 920.42 State responsibility. the majority of the responsibility for de

(a) Applications for initial developveloping a management program resides

ment grants must be submitted by the with the State, a State is permitted to

Governor of a coastal State or his desallocate a portion of its grant to sub

ignee. State entities, or multi-State organizations, to assist in the development of a

(b) The application shall designate

a single State official, agency, or entity, management program. At the discretion of the State and with the approval of the

to receive development grants and have

responsibility for the development of the Secretary, a management program may

State's coastal zone management probe developed and adopted in geographical segments so that immediate attention

gram. The designee need not necessarily

be that agency which will be designated may be devoted to those areas within the

by the Governor under the provisions of coastal zone which most urgently need

section 306(c) (5) of the Act as the single management programs: Provided, That

agency to receive and administer the the State adequately provides for the grants for implementing the manageultimate coordination of the various geo- ment program. graphical segments of the management (c) A single State application will program into a single unified program cover all program development activities,


whether carried out by State agencies, areawide/regional agencies, local governments, regional or interstate entities. 8 920.43 Allocation.

Section 305(g) allows a State to allocate a portion of its development grant to sub-State or multi-State entities. States must insure, in the development of the management program, that they develop sufficient capability to administer the coastal zone management programs they are developing. If the State intends to allocate a portion of its grant, the application for a development grant shall set forth the manner in which a State plans to allocate any portion of its grant to sub-State units, multi-State units, or any other allocation. Requests for allocation will not be approved unless it is clearly demonstrated that the State is developing sufficient capabilities, and the work to be accomplished as the result of such allocations is integrated into the State's coastal zone management program development effort and will clearly contribute to the development of effective applications of State's policy in the coastal zone.

(a) Areawide / Regional agencies. Should the application indicate the desire of the State to allocate a portion of its management program development grant to an areawide/regional agency under the provisions of section 305(g) of the Act, in the absence of State law to the contrary, preference shall be given to those agencies recognized or designated as areawide/regional comprehensive planning and development agencies under the provisions of Office of Management and Budget circular No. A-95, under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966 or Title IV of the Intergovernmental Cooperation Act of 1968. The provisions of part IV, OMB circular No. A-95 dealing with the “Coordination of Planning in Multijurisdictional Areas" apply to the areawide/regional agencies designated as recipients of management program development grants under this Act.

(b) Local government. Should the application indicate the desire of the State to allocate a portion of its management program development grant to a local government under the provisions of section 305(g) of the Act, units of generalpurpose local government are preferred

rather than special-purpose units of local government, as provided in section 402 of the Intergovernmental Cooperation Act of 1968.

(c) Interstate agencies. At the discretion of two or more Governors of adjacent or related coastal States, pordinated management programs or research and planning efforts may be developed leading to the establishment of management programs for such interstate or multi-State areas. Such proposals for interstate cooperation and action shall be set forth in the application for each State together with the interstate funding arrangements proposed for the joint work. The States involved may designate interstate compact agencies, Regional Action Planning Commissions, river basin commissions, or an interstate areawide/regional planning agency to accomplish the management program development work for the coastal zone management area within each jurisdiction as they see fit. Applications for interstate management program development grants will not be accepted directly from interstate or multi-State agencies, but only from the individual States involved in the joint program. § 920.44 Geographical segmentation.

Authority is provided in the Act for a State's management program to be "developed and adopted in geographical segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management programs.” Request by a State to develop and adopt a program in geographical segments is subject to the additional proviso that the State "adequately provides for the ultimate coordination of the various geographical segments of the management program into a single unified program and that the unified program will be completed as soon as it is reasonably practicable.” Undue geographical segmentation creates the possibility of continuing the status quo without creating a comprehensive management program. $ 920.45 Application for the initial

grant. The application for the initial development grant shall include but not be limited to:

(a) Identification of the designated official, the State agency or entity desig

nated by the Governor to prepare and submit the State's management program and receive its development grant as well as the legal authority or other basis under which the lead agency or entity operates. It shall also indicate what other State agencies may be involved in the development of the management program and, if the State desires to allocate a portion of its grant to other governmental units, it should identify those units and set forth the work proposed to be accomplished by each unit so identified.

(b) A summarization of the State's past and current activities in its coastal zone, the current status of coastal zone management, and other activities.

(c) A discussion and ranking by general order of importance of the major coastal zone related problems and issues facing the State, as well as identification of the goals and objectives the State hopes to achieve by development of its coastal zone management program.

(d) A management program design detailing the work to be accomplished in the development of the State's coastal zone management program. The management program design serves as an outline for the State's plan of action for developing a management program and should include a projection of how the State will seek to meet the requirements set forth in subpart B of this part. In addition, the management program design should include:

(1) An identification of existing information and sources of information;

(2) A projection as to additional information which must be acquired;

(3) A description of methods to insure public participation;

(4) A description of the intergovernmental process by which the State intends to involve various levels of government in the development and implementation of the management program;

(5) A mechanism for coordination with agencies administering excluded Federal lands that are in the coastal land; and

(6) A tentative approximation of the boundaries of the State's coastal zone.

(e) Submission of an annual work program consisting of a precise statement of what is intended to be accomplished during the year. Such a statement will include:

(1) Identification of the plans, programs and studies to be produced.

(2) Definition of the major tasks needed to produce the plans, programs and studies.

(3) For each task, the following should be specified:

(i) Approach and techniques to be used,

(ii) Data and studies already available,

(iii) Manpower requirements,
(iv) Time schedule,
(v) Costs, and
(vi) Source of funds.

(f) Identification of any other state and Federal planning, programming, or activity which may have a significant impact on the State's coastal zone. Such planning, programming or activities includes work accomplished or to be undertaken by any State, areawide, local, regional or interstate agencies funded, in part or in total, by state or local money, with or without Federal assistance. Completed and officially approved regional and local plans provide invaluable input and guidance in the development of a State's coastal zone management program. It should be pointed out that where a State chooses to reject such plans, it should advise the local government wherein its proposed plan is deficient and clarify what needs to be done to correct the deficiency. The objective of this provision is to seek and achieve as complete coordination and integration as possible at the State level of all local, State and Federal programs that lead to the setting of policy or the development of public and private works, facilities or programs in the State's defined coastal zone. The Act provides in section 307(c) (1) that: “Each Federal agency conducting or supporting activities directly affecting the coastal zone shall conduct or support those activities in a manner which is to the maximum extent practicable, consistent with approved State management programs.” To this end, the application shall reflect, and the developed coastal zone management program will provide, methods to integrate the following types of programs and activities as they affect the coastal zone of the state: (1) Federally assisted planning development and management programs, such as but not limited to (the program numbers and titles listed below are those contained in the

1972 Catalog of Federal Domestic Assistance as published by OMB):


Pub. L. 87-703; Resource Conservation (10.901)

91-343; 74-46. and Development. Pub. L. 83-560... Comprehensive Planning (14. 203)

Assistance. Pub. L. 88-578... Outdoor Recreation State (15. 401)

Planning. Pub. L. 89-304; Anadromous Fish Con- (15. 600) 91-249.

Fish Restoration.

(15. 605) Wildlife Restoration.. (15. 611) Pub. L. 74-292... Historic American Build- (15. 903)

ings Survey. Pub. L. 89-665. Historic Preservation. (15. 904) Pub. L. 91-258... Airport Planning Grant (20. 103)

Program. Pub. L. 90-495; Highway Research Plan- (20-205)

91-605; 89-574. ning and Construction. Pub. L. 91-453; Urban Mass Transporta- (20-505) 88-365.

tion Technical Studies

Grants. Pub. L. 89-80.... Water Resources Planning. (65.001)

Air Pollution Survey and (66.005)

Demonstration Grants.
Solid Waste Planning (66.301)

Water Pollution Control (66. 401)

Comprehensive Plan

ning Grants. Pub. L. 88-206; Air Pollution Survey and (66.005)

89-272; 89–675; Demonstration Grants.

90–148; 91-604. Pub. L. 92-500... Water Quality Manage- (66. 023)

ment Technical Plan

ning Assistance. Pub. L. 89-272; Solid Waste Technical As- (66.304) 91-512; 93–14. sistance, Training and

Information Services. Pub. L. 92-583... Marine Protection Re

search and Sanctuaries.

8 920.46 Approval of applications.

(a) The Secretary shall approve any application which he finds complies with policy and requirements of the Act and these guidelines.

(b) Should the Secretary determine that an application is deficient, shall notify the applicant in writing and set 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 other adjustments to the application will provide the basis for resubmittal of the application for further consideration and review.

(c) The Secretary may, upon finding of extenuating circumstances relating to applications for assistance, waive appropriate administrative requirements contained herein. $ 920.47 Amendments.

Amendments to an approved development program must be submitted to, and approved by the Secretary prior to initiation of the change contemplated. Requests for substantial changes should be discussed with Federal officials well in advance. It is recognized that, while all amendments must be approved by the Secretary, most such requests will be relatively minor in scope; therefore, åpproval by the Secretary 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. $ 920.48 Applications for second year

grants. (a) Second year development grant applications will follow the procedures set forth in $ 920.45: Provided, however, That the management program design and annual work program shall be updated to indicate the progress made toward the development of the State's coastal zone management program under the initial development grant and should in addition:

(1) Demonstrate how the past year's work activities and products contributed to the realization of management program development goals if such goals have not been fully realized. Either document the extent to which they have been met or present modified goals.

(2) Identify major constraints upon or problems encountered in establishing

(2) Public works land acquisition and development projects conducted, proposed to be conducted, proposed to be conducted or assisted by a Federal agency, authorized and financed outside of the Federal programs listed above, such as activities conducted with respect to rivers and harbors, small watershed development, wastewater collection and treatment facilities, military reservations, wildlife refuges, park and recreation areas, improvements in navigation, flood control and so forth;

(3) Any Federally supported national land use program which may be hereinafter enacted as specified in section 307 (g) of the Act;

(4) Activities in the coastal zone stemming from the Rural Development Act of 1972;

(5) State programs dealing with land use controls in the coastal zone or other regulatory, licensing, permit or operating programs in the coastal zone including, but not limited to, activities such as mineral extracting, power plant siting and harbor construction.

and implementing an adequate management program for the State.

(3) Reexamine and assess the development program's broad goals and measurable planning objectives; and

(4) Reexamine and, if necessary, revise management program design in light of emerging or continuing priority problems and opportunities.

(b) In evaluating whether a State is making satisfactory progress in the development of the management program to determine eligibility for the second year grant, the Secretary will consider among other things whether a State has completed:

(1) An analysis of the existing legal authority to exert control over land and water uses in the coastal zone;

(2) A description of the activities and authorities of the various agencies (State, local, regional, areawide or interstate) involved in activities or regulation of activities in the coastal zone; and

(3) An analysis of the existing or needed legal authorities with which the State believes it can insure compliance with coastal zone management program, resolve conflicts among competing uses, and acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program.

(4) This analysis will permit a State to determine what legislative action will be

needed to qualify under section 306 of the Act. States may propose alternate standards of accomplishment for consideration by the Secretary in determining "satisfactory progress” towards completion of the management program. $ 920.49 Application for third year

grants. (a) The general requirements set forth in paragraph (a) of g 920.46 shall apply to review of the application for the third year development grant.

(b) In evaluating whether a State is making satisfactory progress in development of the management program to determine eligibility for the third year grant, the Secretary will consider among other things whether a State has completed:

(1) Identification of the boundaries of the coastal zone;

(2) Development of a process by which permissible land and water uses having a direct and significant impact upon coastal waters can be defined; and

(3) Criteria for designating geographical areas of particular concern. Accomplishment of these tasks will put the State in a position to provide guidelines on priority of uses in particular areas and allow a State to complete development of its management program by the end of the third year. States may propose alternate standards of accomplishment for consideration by the Secretary in determining "satisfactory progress” toward completion of the management program.





OF THE PUBLIC Sec. 945.1 Connections to weather communica

tions systems. 945.2 Time of release of weather information

affecting crops. 0453 False weather reports. 945.4 Certified data for use in court. 945.5 Appearance in court of National

Weather Service employees. 945.6 Agreements for radio and television

weather broadcasts. AUTHORITY: The provisions of this Part 845 issued under sec. 3, 26 Stat. 659; 16 U8.C.313.

SOURCE: The provisions of this part 945 appear at 32 F.R. 16258, NOV. 29, 1967; 35 F.R. 19249, Dec. 19, 1970, unless otherwise noted. 8 945.1 Connections to weather commu

nications systems. The National Weather Service uses number of federally operated weather communications systems in support of its internal operations. Connections to these circuits, for receiving purposes only, are permitted to be made by qualified organizations or individuals. Application to connect to these circuits should be made to the Director, National

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