courage discussion in various forums of the subject matter of the hearings and to take other steps to insure that the public can participate in the process in a meaningful manner. The following are suggested to accommodate increased public participation:

(a) Establish arrangements for exchanging information, data, and reports, among State and local government agencies, citizen groups, special interest groups, and the public at large, throughout the development and administration of the coastal zone program.

(b) The State should provide, after notice, the opportunity of participation by relevant Federal agencies, State agencies, local organizations, port authorities and other interested parties both public and private.

(c) Develop mechanisms in addition to public hearings to allow citizens and the public at large to effectively participate in the coastal zone program. The following are examples of some of the components that may be used in the participation process:

(1) Citizen involvement in the development of the goals and objectives.

(2) Citizen appointment by the agency to a Citizen Advisory Committee.

(3) Establishment of processes to review component elements of the management program by selected citizen groups and the general public.

Subpart E—Applications for Development

Grants

§ 920.40 General.

(a) The primary purpose of the development grant is to assist States in developing a comprehensive management program for their coastal zone. While the majority of the responsibility for developing a management program resides with the State, a State is permitted to allocate a portion of its grant to subState entities, or multi-State organizations, to assist in the development of a management program. At the discretion of the State and with the approval of the Secretary, a management program may 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: Provided, 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 is reasonably practicable. Grants given to the State must be expended for the development of a management program that meets the requirements of the Act. The grants shall not exceed two-thirds of the costs of the annual programs. Federal funds received from other sources cannot be used to match these grants. No more than three annual management program development grants can be awarded to a State. (b) Section 305 (c) of the Act provides:

In order to qualify for grants under this section, the State must reasonably demonstrate to the satisfaction of the Secretary that such grants will be used to develop a management program consistent with the requirements set forth in section 306 of the Act. 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 developing such management program. § 920.41

Administration of the program.

The Congress assigned the responsibility for the administration of the Coastal Zone Management Act of 1972 to the Secretary of Commerce, who has designated the National Oceanic and Atmospheric Administration as the agency in the Department of Commerce to manage the program. NOAA has established the Office of Coastal Zone Management for this purpose. Requests for information on grant applications and the applications themselves should be directed to:

Director, Office of Coastal Environment, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Rockville, Md. 20852.

(a) Applications for initial development grants must be submitted by the Governor of a coastal State or his designee.

(b) The application shall designate a single State official, agency, or entity, to receive development grants and have responsibility for the development of the State's coastal zone management program. The designee need not necessarily be that agency which will be designated by the Governor under the provisions of section 306 (c) (5) of the Act as the single agency to receive and administer the grants for implementing the management program.

(c) A single State application will cover all program development activities,

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.

agencies.

(a) Areawide / Regional 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, coordinated 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

grant.

for

the initial

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

(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.

§ 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, he 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, approval 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

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 program.

with the management

(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 § 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.

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. § 945.1 Connections to weather communications systems.

The National Weather Service uses a 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