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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:4.1.2.2.12.1.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | A | Subpart A—General | § 921.1 Mission, goals and general provisions. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717, May 14, 1998] | (a) The mission of the National Estuarine Research Reserve Program is the establishment and management, through Federal-state cooperation, of a national system (National Estuarine Research Reserve System or System) of estuarine research reserves (National Estuarine Research Reserves or Reserves) representative of the various regions and estuarine types in the United States. National Estuarine Research Reserves are established to provide opportunities for long-term research, education, and interpretation. (b) The goals of the Program are to: (1) Ensure a stable environment for research through long-term protection of National Estuarine Research Reserve resources; (2) Address coastal management issues identified as significant through coordinated estuarine research within the System; (3) Enhance public awareness and understanding of estuarine areas and provide suitable opportunities for public education and interpretation; (4) Promote Federal, state, public and private use of one or more Reserves within the System when such entities conduct estuarine research; and (5) Conduct and coordinate estuarine research within the System, gathering and making available information necessary for improved understanding and management of estuarine areas. (c) National Estuarine Research Reserves shall be open to the public to the extent permitted under state and Federal law. Multiple uses are allowed to the degree compatible with each Reserve's overall purpose as provided in the management plan (see § 921.13) and consistent with paragraphs (a) and (b) of this section. Use levels are set by the state where the Reserve is located and analyzed in the management plan. The Reserve management plan shall describe the uses and establish priorities among these uses. The plan shall identify uses requiring a state permit, as well as areas where uses are encouraged or prohibited. Consistent with resource protection and research objectives, public access and use may be restricted to certain areas or components within a Reserve. (d) Ha… | |||
| 15:15:4.1.2.2.12.1.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | A | Subpart A—General | § 921.2 Definitions. | NOAA | [58 FR 38215, July 15, 1993, as amended at 90 FR 38002, Aug. 7, 2025] | (a) Act means the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 et seq. (b) Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management or delegee. (c) Coastal state means a state of the United States, in or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of America, Long Island Sound, or one or more of the Great Lakes. For the purposes of these regulations the term also includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Marianas Islands, the Trust Territories of the Pacific Islands, and American Samoa (see 16 U.S.C. 1453(4)). (d) State agency means an instrumentality of a coastal state to whom the coastal state has delegated the authority and responsibility for the creation and/or management/operation of a National Estuarine Research Reserve. Factors indicative of this authority may include the power to receive and expend funds on behalf of the Reserve, acquire and sell or convey real and personal property interests, adopt rules for the protection of the Reserve, enforce rules applicable to the Reserve, or develop and implement research and education programs for the reserve. For the purposes of these regulations, the terms “coastal state” and “State agency” shall be synonymous. (e) 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 also includes estuary-type areas with measurable freshwater influence and having unimpaired connections with the open sea, and estuary-type areas of the Great Lakes and their connecting waters (see 16 U.S.C. 1453(7)). (f) National Estuarine Research Reserve means an area that is a representative estuarine ecosystem suitable for long-term research, which may include all of the key land and water portion of an estuary, and adjacent transitional areas and uplands constituting to the extent feasible a natu… | |||
| 15:15:4.1.2.2.12.1.17.3 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | A | Subpart A—General | § 921.3 National Estuarine Research Reserve System biogeographic classification scheme and estuarine typologies. | NOAA | (a) National Estuarine Research Reserves are chosen to reflect regional differences and to include a variety of ecosystem types. A biogeographic classification scheme based on regional variations in the nation's coastal zone has been developed. The biogeographic classification scheme is used to ensure that the National Estuarine Research Reserve System includes at least one site from each region. The estuarine typology system is utilized to ensure that sites in the System reflect the wide range of estuarine types within the United States. (b) The biogeographic classification scheme, presented in appendix I, contains 29 regions. Figure 1 graphically depicts the biogeographic regions of the United States. (c) The typology system is presented in appendix II. | ||||
| 15:15:4.1.2.2.12.1.17.4 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | A | Subpart A—General | § 921.4 Relationship to other provisions of the Coastal Zone Management Act, and to the Marine Protection, Research and Sanctuaries Act. | NOAA | (a) The National Estuarine Research Reserve System is intended to provide information to state agencies and other entities involved in addressing coastal management issues. Any coastal state, including those that do not have approved coastal management programs under section 306 of the Act, is eligible for an award under the National Estuarine Research Reserve Program (see § 921.2(c)). (b) For purposes of consistency review by states with a federally approved coastal management program, the designation of a National Estuarine Research Reserve is deemed to be a Federal activity, which, if directly affecting the state's coastal zone, must be undertaken in a manner consistent to the maximum extent practicable with the approved state coastal management program as provided by section 1456(c)(1) of the Act, and implementing regulations at 15 CFR part 930, subpart C. In accordance with section 1456(c)(1) of the Act and the applicable regulations NOAA will be responsible for certifying that designation of the Reserve is consistent with the state's approved coastal management program. The state must concur with or object to the certification. It is recommended that the lead state agency for Reserve designation consult, at the earliest practicable time, with the appropriate state officials concerning the consistency of a proposed National Estuarine Research Reserve. (c) The National Estuarine Research Reserve Program will be administered in close coordination with the National Marine Sanctuary Program (Title III of the Marine Protection, Research and Sanctuaries Act, as amended, 16 U.S.C. 1431-1445), also administered by NOAA. Title III authorizes the Secretary of Commerce to designate discrete areas of the marine environment as National Marine Sanctuaries to protect or restore such areas for their conservation, recreational, ecological, historical, research, educational or esthetic values. National Marine Sanctuaries and Estuarine Research Reserves may not overlap, but may be adjacent. | ||||
| 15:15:4.1.2.2.12.2.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | B | Subpart B—Site Selection, Post Site Selection and Management Plan Development | § 921.10 General. | NOAA | [58 FR 38215, July 15, 1993, as amended at 63 FR 26717, May 14, 1998] | (a) A coastal state may apply for Federal financial assistance for the purpose of site selection, preparation of documents specified in § 921.13 (draft management plan (DMP) and environmental impact statement (EIS)), and the conduct of limited basic characterization studies. The total Federal share of this assistance may not exceed $100,000. Federal financial assistance for preacquisition activities under § 921.11 and § 921.12 is subject to the total $5 million for which each Reserve is eligible for land acquisition. Notwithstanding the above, when financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, such assistance may be used to pay 100 percent of all actual costs of activities carried out with this assistance, as long as such funds are available. In the case of a biogeographic region (see appendix I) shared by two or more coastal states, each state is eligible for Federal financial assistance to establish a separate National Estuarine Research Reserve within their respective portion of the shared biogeographic region. Each separate National Estuarine Research Reserve is eligible for the full complement of funding. Financial assistance application procedures are specified in subpart I. (b) In developing a Reserve program, a state may choose to develop a multiple-site Reserve reflecting a diversity of habitats in a single biogeographic region. A multiple-site Reserve allows the state to develop complementary research and educational programs within the individual components of its multi-site Reserve. Multiple-site Reserves are treated as one Reserve in terms of financial assistance and development of an overall management framework and plan. Each individual site of a proposed multiple-site Reserve shall be evaluated both separately under § 921.11(c) and collectively as part of the site selection process. A coastal state may propose to establish a multiple-site Reserve at the time of the initial site selection, or at any point in the deve… | |||
| 15:15:4.1.2.2.12.2.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | B | Subpart B—Site Selection, Post Site Selection and Management Plan Development | § 921.11 Site selection and feasibility. | NOAA | (a) A coastal state may use Federal funds to establish and implement a site selection process which is approved by NOAA. (b) In addition to the requirements set forth in subpart I, a request for Federal funds for site selection must contain the following programmatic information: (1) A description of the proposed site selection process and how it will be implemented in conformance with the biogeographic classification scheme and typology (§ 921.3); (2) An identification of the site selection agency and the potential management agency; and (3) A description of how public participation will be incorporated into the process (see § 921.11(d)). (c) As part of the site selection process, the state and NOAA shall evaluate and select the final site(s). NOAA has final authority in approving such sites. Site selection shall be guided by the following principles: (1) The site's contribution to the biogeographical and typological balance of the National Estuarine Research Reserve System. NOAA will give priority consideration to proposals to establish Reserves in biogeographic regions or subregions or incorporating types that are not represented in the system. (see the biogeographic classification scheme and typology set forth in § 921.3 and appendices I and II); (2) The site's ecological characteristics, including its biological productivity, diversity of flora and fauna, and capacity to attract a broad range of research and educational interests. The proposed site must be a representative estuarine ecosystem and should, to the maximum extent possible, be an estuarine ecosystem minimally affected by human activity or influence (see § 921.1(e)). (3) Assurance that the site's boundaries encompass an adequate portion of the key land and water areas of the natural system to approximate an ecological unit and to ensure effective conservation. Boundary size will vary greatly depending on the nature of the ecosystem. Reserve boundaries must encompass the area within which adequate control has or will be established by the m… | ||||
| 15:15:4.1.2.2.12.2.17.3 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | B | Subpart B—Site Selection, Post Site Selection and Management Plan Development | § 921.12 Post site selection. | NOAA | (a) At the time of the coastal state's request for NOAA approval of a proposed site, the state may submit a request for funds to develop the draft management plan and for preparation of the EIS. At this time, the state may also submit a request for the remainder of the predesignation funds to perform a limited basic characterization of the physical, chemical and biological characteristics of the site approved by NOAA necessary for providing EIS information to NOAA. The state's request for these post site selection funds must be accompanied by the information specified in subpart I and, for draft management plan development and EIS information collection, the following programmatic information: (1) A draft management plan outline (see § 921.13(a) below); and (2) An outline of a draft memorandum of understanding (MOU) between the state and NOAA detailing the Federal-state role in Reserve management during the initial period of Federal funding and expressing the state's long-term commitment to operate and manage the Reserve. (b) The state is eligible to use the funds referenced in § 921.12(a) after the proposed site is approved by NOAA under the terms of § 921.11. | ||||
| 15:15:4.1.2.2.12.2.17.4 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | B | Subpart B—Site Selection, Post Site Selection and Management Plan Development | § 921.13 Management plan and environmental impact statement development. | NOAA | (a) After NOAA approves the state's proposed site and application for funds submitted pursuant to § 921.12, the state may begin draft management plan development and the collection of information necessary for the preparation by NOAA of an EIS. The state shall develop a draft management plan, including an MOU. The plan shall set out in detail: (1) Reserve goals and objectives, management issues, and strategies or actions for meeting the goals and objectives; (2) An administrative plan including staff roles in administration, research, education/interpretation, and surveillance and enforcement; (3) A research plan, including a monitoring design; (4) An education/interpretive plan; (5) A plan for public access to the Reserve; (6) A construction plan, including a proposed construction schedule, general descriptions of proposed developments and general cost estimates. Information should be provided for proposed minor construction projects in sufficient detail to allow these projects to begin in the initial phase of acquisition and development. A categorical exclusion, environmental assessment, or EIS may be required prior to construction; (7)(i) An acquisition plan identifying the ecologically key land and water areas of the Reserve, ranking these areas according to their relative importance, and including a strategy for establishing adequate long-term state control over these areas sufficient to provide protection for Reserve resources to ensure a stable environment for research. This plan must include an identification of ownership within the proposed Reserve boundaries, including land already in the public domain; the method(s) of acquisition which the state proposes to use—acquisition (including less-than-fee simple options) to establish adequate long-term state control; an estimate of the fair market value of any property interest—which is proposed for acquisition; a schedule estimating the time required to complete the process of establishing adequate state control of the proposed research reserve; and a… | ||||
| 15:15:4.1.2.2.12.3.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | C | Subpart C—Acquisition, Development and Preparation of the Final Management Plan | § 921.20 General. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717, May 14, 1998] | The acquisition and development period is separated into two major phases. After NOAA approval of the site, draft management plan and draft MOU, and completion of the final EIS, a coastal state is eligible for an initial acquisition and development award(s). In this initial phase, the state should work to meet the criteria required for formal research reserve designation; e.g., establishing adequate state control over the key land and water areas as specified in the draft management plan and preparing the final management plan. These requirements are specified in § 921.30. Minor construction in accordance with the draft management plan may also be conducted during this initial phase. The initial acquisition and development phase is expected to last no longer than three years. If necessary, a longer time period may be negotiated between the state and NOAA. After Reserve designation, a state is eligible for a supplemental acquisition and development award(s) in accordance with § 921.31. In this post-designation acquisition and development phase, funds may be used in accordance with the final management plan to construct research and educational facilities, complete any remaining land acquisition, for program development, and for restorative activities identified in the final management plan. In any case, the amount of Federal financial assistance provided to a coastal state with respect to the acquisition of lands and waters, or interests therein, for any one National Estuarine Research Reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein or $5,000,000, whichever amount is less, except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of all actual costs of activities carrier out with this assistance, as long as such funds are available. | |||
| 15:15:4.1.2.2.12.3.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | C | Subpart C—Acquisition, Development and Preparation of the Final Management Plan | § 921.21 Initial acquisition and development awards. | NOAA | (a) Assistance is provided to aid the recipient prior to designation in: (1) Acquiring a fee simple or less-than-fee simple real property interest in land and water areas to be included in the Reserve boundaries (see § 921.13(a)(7); § 921.30(d)); (2) Minor construction, as provided in paragraphs (b) and (c) of this section; (3) Preparing the final management plan; and (4) Initial management costs, e.g., for implementing the NOAA approved draft management plan, hiring a Reserve manager and other staff as necessary and for other management-related activities. Application procedures are specified in subpart I. (b) The expenditure of Federal and state funds on major construction activities is not allowed during the initial acquisition and development phase. The preparation of architectural and engineering plans, including specifications, for any proposed construction, or for proposed restorative activities, is permitted. In addition, minor construction activities, consistent with paragraph (c) of this section also are allowed. The NOAA-approved draft management plan must, however, include a construction plan and a public access plan before any award funds can be spent on construction activities. (c) Only minor construction activities that aid in implementing portions of the management plan (such as boat ramps and nature trails) are permitted during the initial acquisition and development phase. No more than five (5) percent of the initial acquisition and development award may be expended on such activities. NOAA must make a specific determination, based on the final EIS, that the construction activity will not be detrimental to the environment. (d) Except as specifically provided in paragraphs (a) through (c) of this section, construction projects, to be funded in whole or in part under an acquisition and development award(s), may not be initiated until the Reserve receives formal designation (see § 921.30). This requirement has been adopted to ensure that substantial progress in establishing adequate state co… | ||||
| 15:15:4.1.2.2.12.4.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | D | Subpart D—Reserve Designation and Subsequent Operation | § 921.30 Designation of National Estuarine Research Reserves. | NOAA | (a) The Under Secretary may designate an area proposed for designation by the Governor of the state in which it is located, as a National Esturaine Research Reserve if the Under Secretary finds: (1) The area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System; (2) Key land and water areas of the proposed Reserve, as identified in the management plan, are under adequate state control sufficient to provide long-term protection for reserve resources to ensure a stable environment for research; (3) Designation of the area as a Reserve will serve to enhance public awareness and understanding of estuarine areas, and provide suitable opportunities for public education and interpretation; (4) A final management plan has been approved by NOAA; (5) An MOU has been signed between the state and NOAA ensuring a long-term commitment by the state to the effective operation and implementation of the area as a National Estuarine Research Reserve; (6) All MOU's necessary for reserve management ( i.e., with relevant Federal, state, and local agencies and/or private organizations) have been signed; and (7) The coastal state in which the area is located has complied with the requirements of subpart B. (b) NOAA will determine whether the designation of a National Estuarine Research Reserve in a state with a federally approved coastal zone management program directly affects the coastal zone. If the designation is found to directly affect the coastal zone, NOAA will make a consistency determination pursuant to § 307(c)(1) of the Act, 16 U.S.C. 1456, and 15 CFR part 930, subpart C. See § 921.4(b). The results of this consistency determination will be published in the Federal Register when the notice of designation is published. See § 921.30(c). (c) NOAA will publish the notice of designation of a National Estuarine Research Reserve in the Federal Register. The state shall be responsible for having a similar notice publi… | ||||
| 15:15:4.1.2.2.12.4.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | D | Subpart D—Reserve Designation and Subsequent Operation | § 921.31 Supplemental acquisition and development awards. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717, May 14, 1998] | After National Estuarine Research Reserve designation, and as specified in the approved management plan, a coastal state may request a supplemental acquisition and/or development award(s) for acquiring additional property interests identified in the management plan as necessary to strengthen protection of key land and water areas and to enhance long-term protection of the area for research and education, for facility and exhibit construction, for restorative activities identified in the approved management plan, for administrative purposes related to acquisition and/or facility construction and to develop and/or upgrade research, monitoring and education/interpretive programs. Federal financial assistance provided to a National Estuarine Research Reserve for supplemental development costs directly associated with facility construction ( i.e. , major construction activities) may not exceed 70 percent of the total project cost, except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of the costs. NOAA must make a specific determination that the construction activity will not be detrimental to the environment. Acquisition awards for the acquisition of lands or waters, or interests therein, for any one reserve may not exceed an amount equal to 50 percent of the costs of the lands, waters, and interests therein of $5,000,000, whichever amount is less, except when the financial assistance is provided from amounts recovered as result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of all actual costs of activities carrier out with this assistance, as long as such funds are available. In the case of a biogeographic region (see appendix I) shared by two or more states, each state is eligible independently for Federal financial assistance to establish a separate National Estuarine Research Reserve within th… | |||
| 15:15:4.1.2.2.12.4.17.3 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | D | Subpart D—Reserve Designation and Subsequent Operation | § 921.32 Operation and management: Implementation of the management plan. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12541, Mar. 17, 1997] | (a) After the Reserve is formally designated, a coastal state is eligible to receive Federal funds to assist the state in the operation and management of the Reserve including the management of research, monitoring, education, and interpretive programs. The purpose of this Federally funded operation and management phase is to implement the approved final management plan and to take the necessary steps to ensure the continued effective operation of the Reserve. (b) State operation and management of the Reserves shall be consistent with the mission, and shall further the goals of the National Estuarine Research Reserve program (see § 921.1). (c) Federal funds are available for the operation and management of the Reserve. Federal funds provided pursuant to this section may not exceed 70 percent of the total cost of operating and managing the Reserve for any one year, except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of the costs. In the case of a biogeographic region (see Appendix I) shared by two or more states, each state is eligible for Federal financial assistance to establish a separate Reserve within their respective portion of the shared biogeographic region (see § 921.10). (d) Operation and management funds are subject to the following limitations: (1) Eligible coastal state agencies may apply for up to the maximum share available per Reserve for that fiscal year. Share amounts will be announced annually by letter from the Sanctuary and Reserves Division to all participating states. This letter will be provided as soon as practicable following approval of the Federal budget for that fiscal year. (2) No more than ten percent of the total amount (state and Federal shares) of each operation and management award may be used for construction-type activities. | |||
| 15:15:4.1.2.2.12.4.17.4 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | D | Subpart D—Reserve Designation and Subsequent Operation | § 921.33 Boundary changes, amendments to the management plan, and addition of multiple-site components. | NOAA | (a) Changes in the boundary of a Reserve and major changes to the final management plan, including state laws or regulations promulgated specifically for the Reserve, may be made only after written approval by NOAA. NOAA may require public notice, including notice in the Federal Register and an opportunity for public comment before approving a boundary or management plan change. Changes in the boundary of a Reserve involving the acquisition of properties not listed in the management plan or final EIS require public notice and the opportunity for comment; in certain cases, a categorical exclusion, an environmental assessment and possibly an environmental impact statement may be required. NOAA will place a notice in the Federal Register of any proposed changes in Reserve boundaries or proposed major changes to the final management plan. The state shall be responsible for publishing an equivalent notice in the local media. See also requirements of §§ 921.4(b) and 921.13(a)(11). (b) As discussed in § 921.10(b), a state may choose to develop a multiple-site National Estuarine Research Reserve after the initial acquisition and development award for a single site has been made. NOAA will publish notice of the proposed new site including an invitation for comments from the public in the Federal Register. The state shall be responsible for publishing an equivalent notice in the local newspaper(s). An EIS, if required, shall be prepared in accordance with section § 921.13 and shall include an administrative framework for the multiple-site Reserve and a description of the complementary research and educational programs within the Reserve. If NOAA determines, based on the scope of the project and the issues associated with the additional site(s), that an environmental assessment is sufficient to establish a multiple-site Reserve, then the state shall develop a revised management plan which, concerning the additional component, incorporates each of the elements described in § 921.13(a). The revised management plan shal… | ||||
| 15:15:4.1.2.2.12.5.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | E | Subpart E—Ongoing Oversight, Performance Evaluation and Withdrawal of Designation | § 921.40 Ongoing oversight and evaluations of designated National Estuarine Research Reserves. | NOAA | (a) The Sanctuaries and Reserve Division shall conduct, in accordance with section 312 of the Act and procedures set forth in 15 CFR part 928, ongoing oversight and evaluations of Reserves. Interim sanctions may be imposed in accordance with regulations promulgated under 15 CFR part 928. (b) The Assistant Administrator may consider the following indicators of non-adherence in determining whether to invoke interim sanctions: (1) Inadequate implementation of required staff roles in administration, research, education/interpretation, and surveillance and enforcement. Indicators of inadequate implementation could include: No Reserve Manager, or no staff or insufficient staff to carry out the required functions. (2) Inadequate implementation of the required research plan, including the monitoring design. Indicators of inadequate implementation could include: Not carrying out research or monitoring that is required by the plan, or carrying out research or monitoring that is inconsistent with the plan. (3) Inadequate implementation of the required education/interpretation plan. Indicators of inadequate implementation could include: Not carrying out education or interpretation that is required by the plan, or carrying out education/interpretation that is inconsistent with the plan. (4) Inadequate implementation of public access to the Reserve. Indicators of inadequate implementation of public access could include: Not providing necessary access, giving full consideration to the need to keep some areas off limits to the public in order to protect fragile resources. (5) Inadequate implementation of facility development plan. Indicators of inadequate implementation could include: Not taking action to propose and budget for necessary facilities, or not undertaking necessary construction in a timely manner when funds are available. (6) Inadequate implementation of acquisition plan. Indicators of inadequate implementation could include: Not pursuing an aggressive acquisition program with all available funds for that pur… | ||||
| 15:15:4.1.2.2.12.5.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | E | Subpart E—Ongoing Oversight, Performance Evaluation and Withdrawal of Designation | § 921.41 Withdrawal of designation. | NOAA | The Assistant Administrator may withdraw designation of an estuarine area as a National Estuarine Research Reserve pursuant to and in accordance with the procedures of section 312 and 315 of the Act and regulations promulgated thereunder. | ||||
| 15:15:4.1.2.2.12.6.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | F | Subpart F—Special Research Projects | § 921.50 General. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12541, Mar. 17, 1997] | (a) To stimulate high quality research within designated National Estuarine Research Reserves, NOAA may provide financial support for research projects which are consistent with the Estuarine Research Guidelines referenced in § 921.51. Research awards may be awarded under this subpart to only those designated Reserves with approved final management plans. Although research may be conducted within the immediate watershed of the Reserve, the majority of research activities of any single research project funded under this subpart may be conducted within Reserve boundaries. Funds provided under this subpart are primarily used to support management-related research projects that will enhance scientific understanding of the Reserve ecosystem, provide information needed by Reserve management and coastal management decision-makers, and improve public awareness and understanding of estuarine ecosystems and estuarine management issues. Special research projects may be oriented to specific Reserves; however, research projects that would benefit more than one Reserve in the National Estuarine Reserve Research System are encouraged. (b) Funds provided under this subpart are available on a competitive basis to any coastal state or qualified public or private person. A notice of available funds will be published in the Federal Register. Special research project funds are provided in addition to any other funds available to a coastal state under the Act. Federal funds provided under this subpart may not exceed 70 percent of the total cost of the project, consistent with § 921.81(e)(4) (“allowable costs”), except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of the costs. | |||
| 15:15:4.1.2.2.12.6.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | F | Subpart F—Special Research Projects | § 921.51 Estuarine research guidelines. | NOAA | (a) Research within the National Estuarine Research Reserve System shall be conducted in a manner consistent with Estuarine Research Guidelines developed by NOAA. (b) A summary of the Estuarine Research Guidelines is published in the Federal Register as a part of the notice of available funds discussed in § 921.50(c). (c) The Estuarine Research Guidelines are reviewed annually by NOAA. This review will include an opportunity for comment by the estuarine research community. | ||||
| 15:15:4.1.2.2.12.6.17.3 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | F | Subpart F—Special Research Projects | § 921.52 Promotion and coordination of estuarine research. | NOAA | (a) NOAA will promote and coordinate the use of the National Estuarine Research Reserve System for research purposes. (b) NOAA will, in conducting or supporting estuarine research other than that authorized under section 315 of the Act, give priority consideration to research that make use of the National Estuarine Research Reserve System. (c) NOAA will consult with other Federal and state agencies to promote use of one or more research reserves within the National Estuarine Research Reserve System when such agencies conduct estuarine research. | ||||
| 15:15:4.1.2.2.12.7.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | G | Subpart G—Special Monitoring Projects | § 921.60 General. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12541, Mar. 17, 1997] | (a) To provide a systematic basis for developing a high quality estuarine resource and ecosystem information base for National Estuarine Research Reserves and, as a result, for the System, NOAA may provide financial support for basic monitoring programs as part of operations and management under § 921.32. Monitoring funds are used to support three major phases of a monitoring program: (1) Studies necessary to collect data for a comprehensive site description/characterization; (2) Development of a site profile; and (3) Formulation and implementation of a monitoring program. (b) Additional monitoring funds may be available on a competitive basis to the state agency responsible for Reserve management or a qualified public or private person or entity. However, if the applicant is other than the managing entity of a Reserve that applicant must submit as a part of the application a letter from the Reserve manager indicating formal support of the application by the managing entity of the Reserve. Funds provided under this subpart for special monitoring projects are provided in addition to any other funds available to a coastal state under the Act. Federal funds provided under this subpart may not exceed 70 percent of the total cost of the project, consistent with § 921.81(e)(4) (“allowable costs”), except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of the costs. (c) Monitoring projects funded under this subpart must focus on the resources within the boundaries of the Reserve and must be consistent with the applicable sections of the Estuarine Research Guidelines referenced in § 921.51. Portions of the project may occur within the immediate watershed of the Reserve beyond the site boundaries. However, the monitoring proposal must demonstrate why this is necessary for the success of the project. | |||
| 15:15:4.1.2.2.12.8.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | H | Subpart H—Special Interpretation and Education Projects | § 921.70 General. | NOAA | [58 FR 38215, July 15, 1993, as amended at 62 FR 12541, Mar. 17, 1997] | (a) To stimulate the development of innovative or creative interpretive and educational projects and materials to enhance public awareness and understanding of estuarine areas, NOAA may fund special interpretive and educational projects in addition to those activities provided for in operations and management under § 921.32. Special interpretive and educational awards may be awarded under this subpart to only those designated Reserves with approved final management plans. (b) Funds provided under this subpart may be available on a competitive basis to any state agency. However, if the applicant is other than the managing entity of a Reserve, that applicant must submit as a part of the application a letter from the Reserve manager indicating formal support of the application by the managing entity of the Reserve. These funds are provided in addition to any other funds available to a coastal state under the Act. Federal funds provided under this subpart may not exceed 70 percent of the total cost of the project, consistent with § 921.81(e)(4) (“allowable costs”), except when the financial assistance is provided from amounts recovered as a result of damage to natural resources located in the coastal zone, in which case the assistance may be used to pay 100 percent of the costs. (c) Applicants for education/interpretive projects that NOAA determines benefit the entire National Estuarine Research Reserve System may receive Federal assistance of up to 100% of project costs. | |||
| 15:15:4.1.2.2.12.9.17.1 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | I | Subpart I—General Financial Assistance Provisions | § 921.80 Application information. | NOAA | (a) Only a coastal state may apply for Federal financial assistance awards for preacquisition, acquisition and development, operation and management, and special education and interpretation projects under subpart H. Any coastal state or public or private person may apply for Federal financial assistance awards for special estuarine research or monitoring projects under subpart G. The announcement of opportunities to conduct research in the System appears on an annual basis in the Federal Register. If a state is participating in the national Coastal Zone Management Program, the applicant for an award under section 315 of the Act shall notify the state coastal management agency regarding the application. (b) An original and two copies of the formal application must be submitted at least 120 working days prior to the proposed beginning of the project to the following address: Sanctuaries and Reserves Division Ocean and Coastal Resource Management, National Oceanic and Atmospheric Administration, 1825 Connecticut Avenue, NW., suite 714, Washington, DC 20235. Application for Federal Assistance Standard Form 424 (Non-construction Program) constitutes the formal application for site selection, post-site selection, operation and management, research, and education and interpretive awards. The Application for Federal Financial Assistance Standard Form 424 (Construction Program) constitutes the formal application for land acquisition and development awards. The application must be accompanied by the information required in subpart B (predesignation), subpart C and § 921.31 (acquisition and development), and § 921.32 (operation and management) as applicable. Applications for development awards for construction projects, or restorative activities involving construction, must include a preliminary engineering report, a detailed construction plan, a site plan, a budget and categorical exclusion check list or environmental assessment. All applications must contain back up data for budget estimates (Federal and non-Federal s… | ||||
| 15:15:4.1.2.2.12.9.17.2 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | I | Subpart I—General Financial Assistance Provisions | § 921.81 Allowable costs. | NOAA | (a) Allowable costs will be determined in accordance with applicable OMB Circulars and guidance for Federal financial assistance, the financial assistant agreement, these regulations, and other Department of Commerce and NOAA directives. The term “costs” applies to both the Federal and non-Federal shares. (b) Costs claimed as charges to the award must be reasonable, beneficial and necessary for the proper and efficient administration of the financial assistance award and must be incurred during the award period. (c) Costs must not be allocable to or included as a cost of any other Federally-financed program in either the current or a prior award period. (d) General guidelines for the non-Federal share are contained in Department of Commerce Regulations at 15 CFR part 24 and OMB Circular A-110. Copies of Circular A-110 can be obtained from the Sanctuaries and Reserves Division; 1825 Connecticut Avenue, NW., suite 714; Washington, DC 20235. The following may be used in satisfying the matching requirement: (1) Site selection and post site selection awards. Cash and in-kind contributions (value of goods and services directly benefiting and specifically identifiable to this part of the project) are allowable. Land may not be used as match. (2) Acquisition and development awards. Cash and in-kind contributions are allowable. In general, the fair market value of lands to be included within the Reserve boundaries and acquired pursuant to the Act, with other than Federal funds, may be used as match. However, the fair market value of real property allowable as match is limited to the fair market value of a real property interest equivalent to, or required to attain, the level of control over such land(s) identified by the state and approved by the Federal Government as that necessary for the protection and management of the National Estuarine Research Reserve. Appraisals must be performed according to Federal appraisal standards as detailed in Department of Commerce regulations at 15 CFR part 24 and the Uniform Re… | ||||
| 15:15:4.1.2.2.12.9.17.3 | 15 | Commerce and Foreign Trade | IX | B | 921 | PART 921—NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS | I | Subpart I—General Financial Assistance Provisions | § 921.82 Amendments to financial assistance awards. | NOAA | Actions requiring an amendment to the financial assistance award, such as a request for additional Federal funds, revisions of the approved project budget or original scope of work, or extension of the performance period must be submitted to NOAA on Standard Form 424 and approved in writing. |
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