cfr_sections
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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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| 15:15:4.1.2.2.14.1.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | A | Subpart A—General | § 923.1 Purpose and scope. | NOAA | (a) The regulations in this part set forth the requirements for State coastal management program approval by the Assistant Administrator for Ocean Services and Coastal Zone Management pursuant to the Coastal Zone Management Act of 1972, as amended (hereafter, the Act); the grant application procedures for program funds; conditions under which grants may be terminated; and requirements for review of approved management programs. (b) Sections 306 and 307 of the Act set forth requirements which must be fulfilled as a condition of program approval. The specifics of these requirements are set forth below under the following headings: General Requirements; Uses Subject to Management; Special Management Areas; Boundaries; Authorities and Organization; and Coordination, Public Involvement and National Interest. All relevant sections of the Act are dealt with under one of these groupings, but not necessarily in the order in which they appear in the Act. (c) In summary, the requirements for program approval are that a State develop a management program that: (1) Identifies and evaluates those coastal resources recognized in the Act as requiring management or protection by the State; (2) Reexamines existing policies or develops new policies to manage these resources. These policies must be specific, comprehensive, and enforceable; (3) Determines specific use and special geographic areas that are to be subject to the management program, based on the nature of identified coastal concerns; (4) Identifies the inland and seaward areas subject to the management program; (5) Provides for the consideration of the national interest in the planning for and siting of facilities that meet more than local requirements; (6) Includes sufficient legal authorities and organizational arrangements to implement the program and to ensure conformance to it. In arriving at these elements of the management program, States are obliged to follow an open process which involves providing information to and considering the interests of the gene… | ||||
| 15:15:4.1.2.2.14.1.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | A | Subpart A—General | § 923.2 Definitions. | NOAA | [61 FR 33805, June 28, 1996, as amended at 90 FR 38002, Aug. 7, 2025] | (a) The term Act means the Coastal Zone Management Act of 1972, as amended. (b) The term Secretary means the Secretary of Commerce and his/her designee. (c) The term Assistant Administrator means the Assistant Administrator for Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration (NOAA), or designee. (d)(1) The term relevant Federal agencies means those Federal agencies with programs, activities, projects, regulatory, financing, or other assistance responsibilities in the following fields which could impact or affect a State's coastal zone: (i) Energy production or transmission, (ii) Recreation of a more than local nature, (iii) Transportation, (iv) Production of food and fiber, (v) Preservation of life and property, (vi) National defense, (vii) Historic, cultural, aesthetic, and conservation values, (viii) Mineral resources and extraction, and (ix) Pollution abatement and control. (2) The following are defined as relevant Federal agencies: Department of Agriculture; Department of Commerce; Department of Defense; Department of Education; Department of Energy; Department of Health and Human Services; Department of Housing and Urban Development; Department of the Interior; Department of Transportation; Environmental Protection Agency; Federal Energy Regulatory Commission; General Services Administration, Nuclear Regulatory Commission; Federal Emergency Management Agency. (e) The term Federal agencies principally affected means the same as “relevant Federal agencies.” The Assistant Administrator may include other agencies for purposes of reviewing the management program and environmental impact statement. (f) The term Coastal State means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of America, Long Island Sound, or one or more of the Great Lakes. Pursuant to section 304(3) of the Act, the term also includes Puerto Rico, the Virgin Islands, Guam, and American Samoa. Pursuant to section 703 of the Co… | |||
| 15:15:4.1.2.2.14.1.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | A | Subpart A—General | § 923.3 General requirements. | NOAA | (a) The management program must be developed and adopted in accordance with the requirements of the Act and this part, after notice, and the opportunity for full participation by relevant Federal and State agencies, local governments, regional organizations, port authorities, and other interested parties and persons, and be adequate to carry out the purposes of the Act and be consistent with the national policy set forth in section 303 of the Act. (b) The management program must provide for the management of those land and water uses having a direct and significant impact on coastal waters and those geographic areas which are likely to be affected by or vulnerable to sea level rise. The program must include provisions to assure the appropriate protection of those significant resources and areas, such as wetlands, beaches and dunes, and barrier islands, that make the State's coastal zone a unique, vulnerable, or valuable area. (c) The management program must contain a broad class of policies for each of the following areas: resource protection, management of coastal development, and simplification of governmental processes. These three broad classes must include specific policies that provide the framework for the exercise of various management techniques and authorities governing coastal resources, uses, and areas. The three classes must include policies that address uses of or impacts on wetlands and floodplains within the State's coastal zone, and that minimize the destruction, loss or degradation of wetlands and preserve and enhance their natural values in accordance with the purposes of Executive Order 11990, pertaining to wetlands. These policies also must reduce risks of flood loss, minimize the impact of floods on human safety, health and welfare, and preserve the natural, beneficial values served by floodplains, in accordance with the purposes of Executive Order 11988, pertaining to floodplains. (d) The policies in the program must be appropriate to the nature and degree of management needed for uses, … | ||||
| 15:15:4.1.2.2.14.10.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | J | Subpart J—Allocation of Section 306 Program Administration Grants | § 923.110 Allocation formula. | NOAA | [47 FR 21021, May 17, 1982, as amended at 59 FR 27985, May 31, 1994. Redesignated at 61 FR 33818, June 28, 1996] | (a) As required by subsection 306(a), the Secretary may make grants to any coastal state for the purpose of administering that state's management program, if the state matches any such grant according to the following ratios of Federal-to-state contributions for the applicable fiscal year: (1) For those states for which programs were approved prior to enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 1 to 1 for any fiscal year. (2) For programs approved after enactment of the Coastal Zone Act Reauthorization Amendments of 1990, 4 to 1 for the first fiscal year, 2.3 to 1 for the second fiscal year, 1.5 to 1 for the third fiscal year, and 1 to 1 for each fiscal year thereafter. (3) As required by subsection 306(b), the Secretary may make a grant to a coastal state under subsection 306(a) only if the Secretary finds that the management program of the coastal state meets all applicable requirements of this title and has been approved in accordance with subsection 306(d). (4) As required by subsection 306(c), grants under this section shall be allocated to coastal states under approved programs 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 program, population of the area, and other relevant factors. The Secretary shall establish, after consulting with the coastal states, maximum and minimum grants for any fiscal year to promote equity between coastal states and effective coastal management. (b) Minimum/maximum allocations. The Assistant Administrator shall establish minimum and maximum state allocations annually, after consultation with the coastal states. (c) Allocation formula factors and weighting. Each State eligible to receive a financial assistance award shall be allocated an amount of the total available Federal funding based on: (1) A minimum share (established by the Assistant Administrator) of the total funding available for allocation to eligible State coastal management … | |||
| 15:15:4.1.2.2.14.11.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.121 General. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, June 28, 1996; 62 FR 12541, Mar. 17, 1997] | (a) The purpose of this subpart is to set forth the criteria and procedures for awarding coastal zone enhancement grants under section 309 of the Coastal Zone Management Act, as amended (16 U.S.C. 1456). This subpart describes the criteria States must address in developing and implementing coastal zone enhancement objectives, the procedures for allocating section 309 funds between weighted formula and individual review of proposals of special merit, how the amount of section 309 weighted formula grants will be determined, the criteria NOAA will use to evaluate and rank individual proposals of special merit, and the procedures for applying for financial assistance under section 309. This subpart also allows use of section 309 funds for implementation of program changes for up to 2 fiscal years following the fiscal year in which a program change was approved. (b) A coastal State with an approved program under section 306 of the Coastal Zone Management Act (CZMA), as amended (16 U.S.C. 1455), is eligible for grants under this subpart if the State meets the following requirements: (1) The State must have a NOAA approved Assessment and Strategy, submitted in accordance with NOAA guidance and 923.128; (2) The State must be found to be adhering to its approved program and must be making satisfactory progress in performing grant tasks under section 306, as indicated by not being under interim or final sanctions; and (3) The State must be making satisfactory progress in carrying out its previous year's award under section 309. (c) If the Assistant Administrator finds that a State is not undertaking the actions committed to under the terms of a section 309 grant, the Assistant Administrator shall suspend the State's eligibility for future funding under this section for at least one year. (d) A State's eligibility for future funding under this section will be restored after the State demonstrates, to the satisfaction of the Assistant Administrator, that it will conform with the requirements under this part. (e) Funds… | |||
| 15:15:4.1.2.2.14.11.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.122 Objectives. | NOAA | [57 FR 31116, July 14, 1992. Redesignated at 61 FR 33818, June 28, 1996, as amended at 62 FR 12541, Mar. 17, 1997] | (a) The objective of assistance provided under this part is to encourage each State with a federally-approved coastal management program to continually improve its program in specified areas of national importance. The Secretary is authorized to make grants to a coastal State for the development and submission for Federal approval of program changes that support attainment of one or more coastal zone enhancement objectives. (b) As required by section 309(a) of the Act, for purposes of this part, the term coastal zone enhancement objective means any of the following objectives: (1) Protection, restoration, or enhancement of the existing coastal wetlands base, or creation of new coastal wetlands. (2) Preventing or significantly reducing threats to life and destruction of property by eliminating development and redevelopment in high-hazard areas, managing development in other hazard areas, and anticipating and managing the effects of potential sea level rise and Great Lakes level rise. (3) Attaining increased opportunities for public access, taking into account current and future public access needs, to coastal areas of recreational, historical, aesthetic, ecological, or cultural value. (4) Reducing marine debris entering the Nation's coastal and ocean environment by managing uses and activities that contribute to the entry of such debris. (5) Development and adoption of procedures to assess, consider, and control cumulative and secondary impacts of coastal growth and development, including the collective effect on various individual uses or activities on coastal resources, such as coastal wetlands and fishery resources. (6) Preparing and implementing special area management plans for important coastal areas. (7) Planning for the use of ocean resources. (8) Adoption of procedures and enforceable policies to help facilitate the siting of energy facilities and Government facilities and energy-related activities and Government activities which may be of greater than local significance. (9) Adoption of proce… | |||
| 15:15:4.1.2.2.14.11.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.123 Definitions. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996] | (a) Program change means “routine program change” as defined in 15 CFR 923.84 and “amendment” as defined in 15 CFR 923.80, and includes the following: (1) A change to coastal zone boundaries that will improve a State's ability to achieve one or more of the coastal zone enhancement objectives. (2) New or revised authorities, including statutes, regulations, enforceable policies, administrative decisions, executive orders, and memoranda of agreement/understanding, that will improve a State's ability to achieve one or more of the coastal zone enhancement objectives. (3) New or revised local coastal programs and implementing ordinances that will improve a State's ability to achieve one or more of the coastal zone enhancement objectives. (4) New or revised coastal land acquisition, management and restoration programs that improve a State's ability to attain one or more of the coastal zone enhancement objectives. (5) New or revised Special Area Management Plans or plans for Areas of Particular Concern (APC), including enforceable policies and other necessary implementing mechanisms or criteria and procedures for designating and managing APCs that will improve a State's ability to achieve one or more of the coastal zone enhancement objectives. (6) New or revised guidelines, procedures and policy documents which are formally adopted by a State and provide specific interpretations of enforceable CZM policies to applicants, local governments and other agencies that will result in meaningful improvements in coastal resource management and that will improve a State's ability to attain one or more of the coastal zone enhancement objectives. (b) Assessment means a public document, prepared by a State and approved by NOAA in accordance with guidance on Assessments and Strategies issued by NOAA (hereafter referred to as the guidance 1 ), that identifies the State's priority needs for improvement with regard to the coastal zone enhancement objectives. The Assessment determines the extent to which problems and oppo… | |||
| 15:15:4.1.2.2.14.11.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.124 Allocation of section 309 funds. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996] | (a)(1) As required by section 309(e) of the Act, a State will not be required to contribute any portion of the cost of any proposal for which funding is awarded under this section. (2) As required by section 309(f) of the Act, beginning in fiscal year 1991, not less than 10 percent and not more than 20 percent of the amounts appropriated to implement sections 306 and 306A of the Act shall be retained by the Secretary for use in implementing this section, up to a maximum of $10,000,000 annually. (b) The Assistant Administrator will annually determine the amount of funds to be devoted to section 309, which shall be not less than 10 percent nor more than 20 percent of the total amount appropriated under section 318(a)(2) of the Coastal Zone Management Act, as amended (16 U.S.C. 1464), taking into account the total amount appropriated under section 318(a)(2). The total amount of funds to be devoted to section 309 shall not exceed $10,000,000 annually. (c) Of the total amount determined in paragraph (b) of this section, the Assistant Administrator will annually determine the proportion to be awarded to eligible coastal States by weighted formula and the proportion to be awarded to eligible coastal States for projects of special merit. This determination will take into account the total amount appropriated under section 318(a)(2) of the CZMA, as amended. (d) Weighted formula funding. (1)(i) A weighted formula funding target will be determined for each State that meets the eligibility requirements at § 923.121(b). The weighted formula funding target will be the State base allocation determined by the application of the formula at § 923.110(c), multiplied by a weighting factor derived from the Assistant Administrator's evaluation and ranking of the quality of the State's Strategy (as described in (d)(1) of this section), as supported by the State's Assessment. (ii) The application of the weighting factor may result in a weighted formula funding target that is higher or lower than the State's base allocation. Each … | |||
| 15:15:4.1.2.2.14.11.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.125 Criteria for section 309 project selection. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996] | (a) Section 309 criteria for weighted formula funding. (1) For those projects that will be funded by weighted formula, the Assistant Administrator will determine that: (i) The project is consistent with the State's approved Assessment and Strategy and advances the attainment of the objectives of the Strategy; (ii) Costs are reasonable and necessary to achieve the objectives of both the project and the Strategy. Allowability of costs will be determined in accordance with the provisions of OMB Circular A-87: Cost Principles for State and Local Governments (iii) The project is technically sound; (iv) The State has an effective plan to ensure proper and efficient administration of the project; and (v) The State has submitted the required project information as specified in § 923.126(b)(1). (2) In reviewing projects that will be considered under the weighted formula, the Assistant Administrator will take into consideration the fiscal and technical needs of proposing States and the overall merit of each proposal in terms of benefits to the public. (b) Section 309 criteria for evaluation and ranking of projects of special merit. (1) After determining those projects that will be funded under weighted formula funding, the Assistant Administrator will evaluate and rank State funding proposals of special merit which may be funded under 15 CFR 932.4(e). (2) In addition to meeting the criteria in paragraph (a)(1) of this section, proposals will be evaluated and ranked under this subsection using the following criteria: (i) Merit. (90 points) The Assistant Administrator will review each application to determine the following: (A) Degree to which the project significantly advances the program improvements and leads to a program change identified in the State's Strategy. In making this determination, the Assistant Administrator shall consider the weighting factor derived from the evaluation of the quality of the State's Strategy, as supported by the State's Assessment, relative to the weighting factors assigned t… | |||
| 15:15:4.1.2.2.14.11.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.126 Pre-application procedures. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996] | (a) Pre-submission consultation. Each State is strongly encouraged to consult with the Assistant Administrator prior to the submission of its draft proposal (see § 923.126(b)) and formal application for section 309 funding. The purpose of the consultation will be to determine whether the proposed projects are consistent with the purposes and objectives of section 309 and with the State's approved Strategy, to resolve any questions concerning eligibility for funding under section 309 (see § 923.121(b)), and to discuss preliminarily the State's recommendations regarding which projects should be funded by weighted formula and which projects should be individually evaluated and ranked as projects of special merit. (b) Draft proposals. States shall submit draft proposals for section 309 funding annually on a schedule to be determined by the Assistant Administrator. These draft proposals shall contain all of the information needed for final application, including the following: (1) A clear and concise description of the projects that the State proposes to be funded under section 309. This description shall explain the relationship of each proposed project to the State's approved Assessment and Strategy and how each proposed project will accomplish all or part of a program change that the State has identified in its Strategy. In addition, each project description shall include: (i) A specific timetable for completion of each project; (ii) A description of the activities that will be undertaken to complete each project and by whom; (iii) The identification of any subawardees, pursuant to § 923.94(d)(3)(ii); and (iv) The estimated total cost for each project. (2) Section 309 funds may be used for any of the following allowable uses which support the attainment of a program change: (i) Personnel costs; (ii) Supplies and overhead; (iii) Travel; (iv) Equipment (pursuant to 15 CFR part 24); (v) Projects, studies and reports; and (vi) Contractual costs including subcontracts, subawards, personal service contra… | |||
| 15:15:4.1.2.2.14.11.17.7 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.127 Formal application for financial assistance and application review and approval procedures. | NOAA | [57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996] | (a) Applications for financial assistance under this part must be developed and submitted on the same schedule as applications for financial assistance under subpart I of 15 CFR part 923. (b) Applications for financial assistance under this part must be in a separate section of the application and must contain the information specified at § 923.126(b)(1) for each approved section 309 project. (c) Applications will be reviewed for conformance with the regulations at subpart I of 15 CFR part 923. (d) States will be notified of their section 309 awards at the time they are notified of their section 306/306A awards. (e) If the Assistant Administrator seeks technical advice pursuant to § 923.126(c)(2), anonymous copies of the project reviews provided to the Assistant Administrator on projects proposed by a State will be made available to the State upon request after October 1 of each year. | |||
| 15:15:4.1.2.2.14.11.17.8 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | K | Subpart K—Coastal Zone Enhancement Grants Program | § 923.128 Revisions to assessments and strategies. | NOAA | (a) A State, in consultation with the Assistant Administrator, may propose to revise its approved Strategy. Revision(s) to an approved Strategy must be submitted to and approved by the Assistant Administrator prior to the initiation of the contemplated change. (b) The Assistant Administrator will review such proposed revision(s) and determine if public review and comment is required. This determination will be based on the extent to which the proposed revision(s) changes the original scope of the State's Strategy. (c) If the Assistant Administrator determines that public review and comment is necessary, he/she will notify the State of his/her determination. The State will be required to provide public review and comment in accordance with NOAA guidance. (d) A State that wants to revise substantively the program changes identified in its approved Strategy or to address new enhancement objectives not identified as a priority in the original Assessment, also must revise the Assessment through a public process as described in NOAA's guidance. (e) The Assistant Administrator, in consultation with the State, may reduce a state's weighting factor assigned to its Strategy as a result of failure to meet the milestones in its Strategy. (f) The Assistant Administrator will notify the State of his/her decision to approve or deny the proposed revision(s) to the Strategy, and any change in the weighting factor assigned to its Strategy. | ||||
| 15:15:4.1.2.2.14.12.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | L | Subpart L—Review of Performance | § 923.131 General. | NOAA | [57 FR 31113, July 14, 1992. Redesignated and amended at 61 FR 33818, June 28, 1996] | This subpart sets forth the requirements for review of approved State coastal zone management (CZM) programs pursuant to section 312 of the Act (16 U.S.C. 1458). This subpart defines “continuing review” and other important terms, and sets forth the procedures for: (a) Conducting continuing reviews of approved State CZM programs; (b) Providing for public participation; (c) Invoking interim sanctions for non-adherence to an approved coastal zone management program or a portion of such program; and (d) Withdrawing program approval and financial assistance. | |||
| 15:15:4.1.2.2.14.12.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | L | Subpart L—Review of Performance | § 923.132 Definitions. | NOAA | [47 FR 21021, May 17, 1982, as amended at 57 FR 31113, July 14, 1992. Redesignated at 61 FR 33818, June 28, 1996] | (a) Continuing review means monitoring State performance on an ongoing basis. As part of the continuing review, evaluations of approved CZM programs will be conducted and written findings will be produced at least once every three years. (b) Adherence means to comply with the approved CZM program and financial assistance award or work program. (c) Interim sanction means suspension and redirection of any portion of financial assistance extended to any coastal State under this title, if the Secretary determines that the coastal State is failing to adhere to the management program or a State plan developed to manage a national estuarine reserve, or a portion of the program or plan approved by the Secretary, or the terms of any grant or cooperative agreement funded under this title. (d) Approved CZM program means those elements of the program approved by the Secretary, under 15 CFR part 923 (Development and Approval Provisions), including any changes to those elements made by approved amendments and routine program implementation. (e) Financial assistance award means a legal instrument that creates a relationship between the Federal government and another entity (recipient). The principal purpose of the award is the transfer of money or services in order to accomplish a public purpose authorized by Federal statute. The term “financial assistance award” encompasses grants, loans, and cooperative agreements. The following elements constitute the award: (1) The work program described in the approved application; (2) The budget; (3) The standard terms and conditions of the award; (4) Any special award conditions included with the award; (5) The statutes and regulations under which the award is authorized; and (6) Applicable OMB cost principles and administrative requirements. (f) Work program means a description of the tasks to be undertaken by a State for a given time period for the purpose of implementing and enforcing an approved CZM program. The work program is submitted as a part of a Federal … | |||
| 15:15:4.1.2.2.14.12.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | L | Subpart L—Review of Performance | § 923.133 Procedure for conducting continuing reviews of approved State CZM programs. | NOAA | [47 FR 21021, May 17, 1982, as amended at 57 FR 31114, July 14, 1992. Redesignated and amended at 61 FR 33818, June 28, 1996] | (a) As required by section 312(a), the Secretary shall conduct a continuing review of the performance of coastal States with respect to coastal management. Each review shall include a written evaluation with an assessment and detailed findings concerning the extent to which the State has implemented and enforced the program approved by the Secretary, addressed the coastal management needs identified in section 303(2)(A) through (K), and adhered to the terms of any grant, loan, or cooperative agreement funded under this title (16 U.S.C. 1451-1464). (b) Continuing review procedures. (1) Each State will submit a financial assistance application or work program, whichever is applicable, on a timetable negotiated with the Assistant Administrator, describing the tasks to be undertaken by the State for the purpose of implementing and enforcing its approved CZM program. (2) For the purpose of evaluation, the States will submit performance reports as specified in the Special Award Conditions, or, if the State is not receiving an award, as negotiated with the Assistant Administrator. The reports will address all areas identified in each State's Performance Report Guidelines. (3) The Assistant Administrator will collect information on the State CZM programs on a continuing basis. At the beginning of each evaluation, the Assistant Administrator will analyze available information, identify information gaps, and formulate any additional information needs that will be the subject of a supplemental information request to the State. (4) The Assistant Administrator may conduct a site visit as a part of the evaluation. (5) Draft findings of the evaluation will be transmitted to the State. The State will have a minimum of two weeks from receipt of the draft findings to review them and provide comments to the Assistant Administrator. This review time may be extended upon request from the State. (6) Within two weeks from receipt of the draft findings, a State may request a meeting with the Assistant Administrator to discuss th… | |||
| 15:15:4.1.2.2.14.12.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | L | Subpart L—Review of Performance | § 923.134 Public participation. | NOAA | [47 FR 21021, May 17, 1982, as amended at 57 FR 31114, July 14, 1992. Redesignated and amended at 61 FR 33818, June 28, 1996] | (a) As required by section 312(b) of the Act, in evaluating a coastal State's performance, the Secretary shall conduct the evaluation in an open and public manner, and provide full opportunity for public participation, including holding public meetings in the State being evaluated and providing opportunities for the submission of written and oral comments by the public. The Secretary shall provide the public with at least 45 days notice of such public meetings by placing a notice in the Federal Register, by publication of timely notices in newspapers of general circulation within the State being evaluated, and by communications with persons and organizations known to be interested in the evaluation. Each evaluation shall be prepared in report form and shall include written responses to the written comments received during the evaluation process. (b) Requirements. (1) The Assistant Administrator will publish a Notice of Intent to Evaluate in the Federal Register at least 45 days before the public meeting(s). The notice will include a Statement of the availability of the State's performance report and the supplemental information request. (2) Each State will issue a notice of the public meeting(s) in its evaluation by placing a notice in the newspaper(s) of largest circulation in the coastal area where the meeting(s) is being held and by taking other reasonable action to communicate with persons and organizations known to be interested in the evaluation, such as sending a notice of the meeting(s) to persons on its mailing list and publishing a notice in its newsletter, at least 45 days before the date of the public meeting(s). The State will provide a copy of such notice to the Assistant Administrator. States are encouraged to republish the newspaper notice at least 15 days before the date of the public meeting(s). The State will inform the public that oral or written comments will be accepted and that attendance at the public meeting(s) is not necessary for submission of written comments. (3) Notice of th… | |||
| 15:15:4.1.2.2.14.12.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | L | Subpart L—Review of Performance | § 923.135 Enforcement. | NOAA | [47 FR 21021, May 17, 1982, as amended at 57 FR 31114, July 14, 1992. Redesignated and amended at 61 FR 33818, June 28, 1996] | (a) Procedures and criteria for invoking and lifting interim sanctions. (1) As required by section 312(c) of the Act: (i) The Secretary may suspend payment of any portion of financial assistance extended to any coastal State, and may withdraw any unexpended portion of such assistance, if the Secretary determines that the coastal State is failing to adhere to— (A) The management program or a State plan developed to manage a national estuarine reserve established under section 315 of the Act (16 U.S.C. 1461), or a portion of the program or plan approved by the Secretary; or (B) The terms of any grant or cooperative agreement funded under this title (16 U.S.C. 1451-1464). (ii) Financial assistance may not be suspended under paragraph (a)(1)(i) of this section unless the Secretary provides the Governor of the coastal State with— (A) Written specifications and a schedule for the actions that should be taken by the State in order that such suspension of financial assistance may be withdrawn; and (B) Written specifications stating how those funds from the suspended financial assistance shall be expended by the coastal State to take the actions referred to in paragraph (a)(1)(ii)(A) of this section. (iii) The suspension of financial assistance may not last for less than 6 months or more than 36 months after the date of suspension. (2) Requirements. (i) The Assistant Administrator will identify the need for interim sanctions through the continuing review process. The Assistant Administrator will use the criteria at § 923.135(a)(3) in determining when to invoke interim sanctions. (ii) The Assistant Administrator will issue the State a preliminary finding of non-adherence with the approved CZM program, or a portion thereof, and/or with a term or terms of a grant or cooperative agreement. This preliminary finding of non-adherence may be contained in the draft evaluation findings, or in a preliminary notification letter to the State CZM program manager. If the preliminary finding is contained in a preliminary not… | |||
| 15:15:4.1.2.2.14.2.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | B | Subpart B—Uses Subject to Management | § 923.10 General. | NOAA | This subpart sets forth the requirements for management program approvability with respect to land and water uses which, because of their direct and significant impacts on coastal waters or those geographic areas likely to be affected by or vulnerable to sea level rise, are subject to the terms of the management program. This subpart deals in full with the following subsections of the Act: 306(d)(1)(B), Uses Subject to the Management Program, 306(d)(2)(H), Energy Facility Planning, and 306(d)(12)(B), Uses of Regional Benefit. | ||||
| 15:15:4.1.2.2.14.2.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | B | Subpart B—Uses Subject to Management | § 923.11 Uses subject to management. | NOAA | (a)(1) The management program for each coastal state must include a definition of what shall constitute permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters. (2) The management program must identify those land and water uses that will be subject to the terms of the management program. These uses shall be those with direct and significant impacts on coastal waters or on geographic areas likely to be affected by or vulnerable to sea level rise. (3) The management program must explain how those uses identified in paragraph (a)(2) of this section will be managed. The management program must also contain those enforceable policies, legal authorities, performance standards or other techniques or procedures that will govern whether and how uses will be allowed, conditioned, modified, encouraged or prohibited. (b) In identifying uses and their appropriate management, a State should analyze the quality, location, distribution and demand for the natural and man-made resources of their coastal zone, and should consider potential individual and cumulative impacts of uses on coastal waters. (c) States should utilize the following types of analyses: (1) Capability and suitability of resources to support existing or projected uses; (2) Environmental impacts on coastal resources; (3) Compatibility of various uses with adjacent uses or resources; (4) Evaluation of inland and other location alternatives; and (5) Water dependency of various uses and other social and economic considerations. (d) Examination of the following factors is suggested: (1) Air and water quality; (2) Historic, cultural and esthetic resources where coastal development is likely to affect these resources; (3) Open space or recreational uses of the shoreline where increased access to the shorefront is a particularly important concern; (4) Floral and faunal communities where loss of living marine resources or threats to endangered or threatened coastal species are particularl… | ||||
| 15:15:4.1.2.2.14.2.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | B | Subpart B—Uses Subject to Management | § 923.12 Uses of regional benefit. | NOAA | [61 FR 33806, June 28, 1996; 61 FR 36965, July 15, 1996] | The management program must contain a method of assuring that local land use and water use regulations within the coastal zone do not unreasonably restrict or exclude land uses and water uses of regional benefit. To this end, the management program must: (a) Identify what constitutes uses of regional benefit; and (b) Identify and utilize any one or a combination of methods, consistent with the control techniques employed by the State, to assure local land and water use regulations do not unreasonably restrict or exclude uses of regional benefit. | |||
| 15:15:4.1.2.2.14.2.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | B | Subpart B—Uses Subject to Management | § 923.13 Energy facility planning process. | NOAA | [61 FR 33806, June 28, 1996; 61 FR 36965, July 15, 1996] | The management program must contain a planning process for energy facilities likely to be located in or which may significantly affect, the coastal zone, including a process for anticipating the management of the impacts resulting from such facilities. (See subsection 304(5) of the Act.) This process must contain the following elements: (a) Identification of energy facilities which are likely to locate in, or which may significantly affect, a State's coastal zone; (b) Procedures for assessing the suitability of sites for such facilities designed to evaluate, to the extent practicable, the costs and benefits of proposed and alternative sites in terms of State and national interests as well as local concerns; (c) Articulation and identification of enforceable State policies, authorities and techniques for managing energy facilities and their impacts; and (d) Identification of how interested and affected public and private parties will be involved in the planning process. | |||
| 15:15:4.1.2.2.14.3.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.20 General. | NOAA | (a) This subpart sets forth the requirements for management program approvability with respect to areas of particular concern because of their coastal-related values or characteristics, or because they may face pressures which require detailed attention beyond the general planning and regulatory system which is part of the management program. As a result, these areas require special management attention within the terms of the State's overall coastal program. This special management may include regulatory or permit requirements applicable only to the area of particular concern. It also may include increased intergovernmental coordination, technical, assistance, enhanced public expenditures, or additional public services and maintenance to a designated area. This subpart deals with the following subsections of the Act: 306(d)(2)(C)—Geographic Areas of Particular Concern; 306(d)(2)(E)—Guidelines on Priorities of Uses; 306(d)(2)(G)—Shorefront Access and protection Planning; 306(d)(2)(I)—Shoreline Erosion/Mitigation Planning; and 306(d)(9)—Areas for Preservation and Restoration. (b) The importance of designating areas of particular concern for management purposes and the number and type of areas that should be designated is directly related to the degree of comprehensive controls applied throughout a State's coastal zone. Where a State's general coastal management policies and authorities address state and national concerns comprehensively and are specific with respect to particular resources and uses, relatively less emphasis need be placed on designation of areas of particular concern. Where these policies are limited and non-specific, greater emphasis should be placed on areas of particular concern to assure effective management and an adequate degree of program specificity. | ||||
| 15:15:4.1.2.2.14.3.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.21 Areas of particular concern. | NOAA | (a) The management program must include an inventory and designation of areas of particular concern within the coastal zone, on a generic and/or site-specific basis, and broad guidelines on priorities of uses in particular areas, including specifically those uses of lowest priority. (b) In developing criteria for inventorying and designating areas of particular concern. States must consider whether the following represent areas of concern requiring special management: (1) Areas of unique, scarce, fragile or vulnerable natural habitat; unique or fragile, physical, figuration (as, for example, Niagara Falls); historical significance, cultural value or scenic importance (including resources on or determined to be eligible for the National Register of Historic Places.); (2) Areas of high natural productivity or essential habitat for living resources, including fish, wildlife, and endangered species and the various trophic levels in the food web critical to their well-being; (3) Areas of substantial recreational value and/or opportunity; (4) Areas where developments and facilities are dependent upon the utilization of, or access to, coastal waters; (5) Areas of unique hydrologic, geologic or topographic significance for industrial or commercial development or for dredge spoil disposal; (6) Areas or urban concentration where shoreline utilization and water uses are highly competitive; (7) Areas where, if development were permitted, it might be subject to significant hazard due to storms, slides, floods, erosion, settlement, salt water intrusion, and sea level rise; (8) Areas needed to protect, maintain or replenish coastal lands or resources including coastal flood plains, aquifers and their recharge areas, estuaries, sand dunes, coral and other reefs, beaches, offshore sand deposits and mangrove stands. (c) Where states will involve local governments, other state agencies, federal agencies and/or the public in the process of designating areas of particular concern, States must provide guidelines to those who… | ||||
| 15:15:4.1.2.2.14.3.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.22 Areas for preservation or restoration. | NOAA | The management program must include procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, historical or esthetic values, and the criteria for such designations. | ||||
| 15:15:4.1.2.2.14.3.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.23 Other areas of particular concern. | NOAA | (a) The management program may, but is not required to, designate specific areas known to require additional or special management, but for which additional management techniques have not been developed or necessary authorities have not been established at the time of program approval. If a management program includes such designations, the basis for designation must be clearly stated, and a reasonable time frame and procedures must be set forth for developing and implementing appropriate management techniques. These procedures must provide for the development of those items required in § 923.21. The management program must identify an agency (or agencies) capable of formulating the necessary management policies and techniques. (b) The management program must meet the requirements of § 923.22 for containing procedures for designating areas for preservation or restoration. The management program may include procedures and criteria for designating areas of particular concern for other than preservation or restoration purposes after program approval. | ||||
| 15:15:4.1.2.2.14.3.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.24 Shorefront access and protection planning. | NOAA | (a) The management program must include a definition of the term “beach” and a planning process for the protection of, and access to, public beaches and other public coastal areas of environmental, recreational, historical, esthetic, ecological or cultural value. (b) The basic purpose in focusing special planning attention on shorefront access and protection is to provide public beaches and other public coastal areas of environmental, recreational, historic, esthetic, ecological or cultural value with special management attention within the purview of the State's management program. This special management attention may be achieved by designating public shorefront areas requiring additional access or protection as areas of particular concern pursuant to § 923.21 or areas for preservation or restoration pursuant to § 923.22. (c) The management program must contain a procedure for assessing public beaches and other public areas, including State owned lands, tidelands and bottom lands, which require access or protection, and a description of appropriate types of access and protection. (d) The management program must contain a definition of the term “beach” that is the broadest definition allowable under state law or constitutional provisions, and an identification of public areas meeting that definition. (e) The management program must contain an identification and description of enforceable policies, legal authorities, funding program and other techniques that will be used to provide such shorefront access and protection that the State's planning process indicates is necessary. | ||||
| 15:15:4.1.2.2.14.3.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | C | Subpart C—Special Management Areas | § 923.25 Shoreline erosion/mitigation planning. | NOAA | [61 FR 33806, June 28, 1996; 61 FR 36965, July 15, 1996] | (a) The management program must include a planning process for assessing the effects of, and studying and evaluating ways to control, or lessen the impact of, shoreline erosion, including potential impacts of sea level rise, and to restore areas adversely affected by such erosion. This planning process may be within the broader context of coastal hazard mitigation planning. (b) The basic purpose in developing this planning process is to give special attention to erosion issues. This special management attention may be achieved by designating erosion areas as areas of particular concern pursuant to § 923.21 or as areas for preservation or restoration pursuant to § 923.22. (c) The management program must include an identification and description of enforceable policies, legal authorities, funding techniques and other techniques that will be used to manage the effects of erosion, including potential impacts of sea level rise, as the state's planning process indicates is necessary. | |||
| 15:15:4.1.2.2.14.4.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | D | Subpart D—Boundaries | § 923.30 General. | NOAA | This subpart sets forth the requirements for management program approvability with respect to boundaries of the coastal zone. There are four elements to a State's boundary: the inland boundary, the seaward boundary, areas excluded from the boundary, and, in most cases, interstate boundaries. Specific requirements with respect to procedures for determining and identifying these boundary elements are discussed in the sections of this subpart that follow. | ||||
| 15:15:4.1.2.2.14.4.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | D | Subpart D—Boundaries | § 923.31 Inland boundary. | NOAA | (a) The inland boundary of a State's coastal zone must include: (1) Those areas the management of which is necessary to control uses which have direct and significant impacts on coastal waters, or are likely to be affected by or vulnerable to sea level rise, pursuant to section 923.11 of these regulations. (2) Those special management areas identified pursuant to § 923.21; (3) Waters under saline influence—waters containing a significant quantity of seawater, as defined by and uniformly applied by the State; (4) Salt marshes and wetlands—Areas subject to regular inundation of tidal salt (or Great Lakes) waters which contain marsh flora typical of the region; (5) Beaches—The area affected by wave action directly from the sea. Examples are sandy beaches and rocky areas usually to the vegetation line; (6) Transitional and intertidal areas-Areas subject to coastal storm surge, and areas containing vegetation that is salt tolerant and survives because of conditions associated with proximity to coastal waters. Transitional and intertidal areas also include dunes and rocky shores to the point of upland vegetation; (7) Islands—Bodies of land surrounded by water on all sides. Islands must be included in their entirety, except when uses of interior portions of islands do not cause direct and significant impacts. (8) The inland boundary must be presented in a manner that is clear and exact enough to permit determination of whether property or an activity is located within the management area. States must be able to advise interested parties whether they are subject to the terms of the management program within, at a maximum, 30 days of receipt of an inquiry. An inland coastal zone boundary defined in terms of political jurisdiction (e.g., county, township or municipal lines) cultural features (e.g., highways, railroads), planning areas (e.g., regional agency jurisdictions, census enumeration districts), or a uniform setback line is acceptable so long as it includes the areas indentified. (b) The inland boundary of … | ||||
| 15:15:4.1.2.2.14.4.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | D | Subpart D—Boundaries | § 923.32 Lakeward or seaward boundary. | NOAA | [61 FR 33808, June 28, 1996, as amended at 90 FR 38002, Aug. 7, 2025] | (a)(1) For states adjoining the Great Lakes, the lakeward boundary of the State's coastal zone is the international boundary with Canada or the boundaries with adjacent states. For states adjacent to the Atlantic or Pacific Ocean, or the Gulf of America, the seaward boundary is the outer limit of state title and ownership under the Submerged Lands Act (48 U.S.C. 1301 et seq. ), the Act of March 2, 1917 (48 U.S.C. 749), the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 (48 U.S.C. 1681 note) or section 1 of the Act of November 10, 1963, (48 U.S.C. 1705, as applicable). (2) The requirement for defining the seaward boundary of a State's coastal zone can be met by a simple restatement of the limits defined in this section, unless there are water areas which require a more exact delineation because of site specific policies associated with these areas. Where States have site specific policies for particular water areas, these shall be mapped, described or referenced so that their location can be determined reasonably easily by any party affected by the policies. (b) The seaward limits, as defined in this section, are for purposes of this program only and represent the area within which the State's management program may be authorized and financed. These limits are irrespective of any other claims States may have by virtue of other laws. | |||
| 15:15:4.1.2.2.14.4.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | D | Subpart D—Boundaries | § 923.33 Excluded lands. | NOAA | (a) The boundary of a State's coastal zone must exclude lands owned, leased, held in trust or whose use is otherwise by law subject solely to the discretion of the Federal Government, its officers or agents. To meet this requirement, the program must describe, list or map lands or types of lands owned, leased, held in trust or otherwise used solely by Federal agencies. (b) The exclusion of Federal lands does not remove Federal agencies from the obligation of complying with the consistency provisions of section 307 of the Act when Federal actions on these excluded lands have spillover impacts that affect any land or water use or natural resource of the coastal zone within the purview of a state's management program. In excluding Federal lands from a State's coastal zone for the purposes of this Act, a State does not impair any rights or authorities that it may have over Federal lands that exist separate from this program. | ||||
| 15:15:4.1.2.2.14.4.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | D | Subpart D—Boundaries | § 923.34 Interstate boundary. | NOAA | States must document that there has been consultation and coordination with adjoining coastal States regarding delineation of any adjacent inland and lateral seaward boundary. | ||||
| 15:15:4.1.2.2.14.5.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.40 General. | NOAA | (a) This subpart sets forth the requirements for management program approvability with respect to authorities and organization. The authorities and organizational structure on which a State will rely to administer its management program are the crucial underpinnings for enforcing the policies which guide the management of the uses and areas identified in its management program. There is a direct relationship between the adequacy of authorities and the adequacy of the overall program. The authorities need to be broad enough in both geographic scope and subject matter to ensure implementation of the State's enforceable policies. These enforceable policies must be sufficiently comprehensive and specific to regulate land and water uses, control development, and resolve conflicts among competing uses in order to assure wise use of the coastal zone. (Issues relating to the adequate scope of the program are dealt with in § 923.3.) (b) The entity or entities which will exercise the program's authorities is a matter of State determination. They may be the state agency designated pursuant to section 306(d)(6) of the Act, other state agencies, regional or interstate bodies, and local governments. The major approval criterion is a determination that such entity or entities are required to exercise their authorities in conformance with the policies of the management program. Accordingly, the essential requirement is that the State demonstrate that there is a means of ensuring such compliance. This demonstration will be in the context of one or a combination of the three control techniques specified in section 306(d)(11) of the Act. The requirements related to section 306(d)(12) of the Act are described in §§ 923.42 through 923.44 of this subchapter. (c) In determining the adequacy of the authorities and organization of a state's programs, the Assistant Administrator will review and evaluate authorities and organizational arrangements in light of the requirements of this subpart and the finding of section 302(h) of the Act. … | ||||
| 15:15:4.1.2.2.14.5.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.41 Identification of authorities. | NOAA | (a)(1) The management program must identify the means by which the state proposes to exert control over the permissible land uses and water uses within the coastal zone which have a direct and significant impact on the coastal waters, including a listing of relevant state constitutional provisions, laws, regulations, and judicial decisions. These are the means by which the state will enforce its coastal management policies. (See section 304(6a) of the Act.) (2) The state chosen agency or agencies (including local governments, area-wide agencies, regional agencies, or interstate agencies) must have the authority for the management of the coastal zone. Such authority includes the following powers: (i) To administer land use and water use regulations to control development to ensure compliance with the management program, and to resolve conflicts among competing uses; and (ii) To acquire fee simple and less than fee simple interests in land, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program. (b) In order to meet these requirements, the program must identify relevant state constitutional provisions, statutes, regulations, case law and such other legal instruments (including executive orders and interagency agreements) that will be used to carry out the state's management program, including the authorities pursuant to sections 306(d)(10) and 306(d)(11) of the Act which require a state to have the ability to: (1) Administer land and water use regulations in conformance with the policies of the management program; (2) Control such development as is necessary to ensure compliance with the management program; (3) Resolve conflicts among competing uses; and (4) Acquire appropriate interest in lands, waters or other property as necessary to achieve management objectives. Where acquisition will be a necessary technique for accomplishing particular program policies and objectives, the management program must indicate for what purpose acquis… | ||||
| 15:15:4.1.2.2.14.5.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.42 State establishment of criteria and standards for local implementation—Technique A. | NOAA | (a) The management program must provide for any one or a combination of general techniques specified in subsection 306(d)(11) of the Act for control of land uses and water uses within the coastal zone. The first such control technique, at subsection 306(d)(11)(A) of the Act, is state establishment of criteria and standards for local implementation, subject to administrative review and enforcement (control technique A). (b) There are 5 principal requirements that control technique A must embody in order to be approved: (1) The State must have developed and have in effect at the time of program approval enforceable policies that meet the requirements of § 923.3. These policies must serve as the standards and criteria for local program development or the State must have separate standards and criteria, related to these enforceable policies, that will guide local program development. (2) During the period while local programs are being developed, a State must have sufficient authority to assure that land and water use decisions subject to the management program will comply with the program's enforceable policies. The adequacy of these authorities will be judged on the same basis as specified for direct State controls or case-by-case reviews. (3) A State must be able to ensure that coastal programs will be developed pursuant to the State's standards and criteria, or failing this, that the management program can be implemented directly by the State. This requirement can be met if a State can exercise any one of the following techniques: (i) Direct State enforcement of its standards and criteria in which case a State would need to meet the requirements of this section which address the direct State control technique; (ii) Preparation of a local program by a State agency which the local government then would implement. To use this technique the State must have statutory authority to prepare and adopt a program for a local government, and a mechanism by which the State can cause the local government to enforce the S… | ||||
| 15:15:4.1.2.2.14.5.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.43 Direct State land and water use planning and regulation—Technique B. | NOAA | (a) The management program must provide for any one or a combination of general techniques specified in subsection 306(d)(11) of the Act for control of land and water uses within the coastal zone. The second such control technique, at subsection 306(d)(11)(B) of the Act, is direct state land and water use planning and regulation (control technique B). (b) To have control technique B approved, the State must have the requisite direct authority to plan and regulate land and water uses subject to the management program. This authority can take the form of: (1) Comprehensive legislation—A single piece of comprehensive legislation specific to coastal management and the requirements of this Act. (2) Networking—The utilization of authorities which are compatible with and applied on the basis of coastal management policies developed pursuant to § 923.3. (c) In order to apply the networking concept, the State must: (1) Demonstrate that, taken together, existing authorities can and will be used to implement the full range of policies and management techniques identified as necessary for coastal management purposes; and (2) Bind each party which exercises statutory authority that is part of the management program to conformance with relevant enforceable policies and management techniques. Parties may be bound to conformance through an executive order, administrative directive or a memorandum of understanding provided that: (i) The management program authorities provide grounds for taking action to ensure compliance of networked agencies with the program. It will be sufficient if any of the following can act to ensure compliance: The State agency designated pursuant to subsection 306(d)(6) of the Act, the State's Attorney General, another State agency, a local government, or a citizen. (ii) The executive order, administrative directive or memorandum of understanding establishes conformance requirements of other State agency activities or authorities to management program policies. A gubernatorial executive order will… | ||||
| 15:15:4.1.2.2.14.5.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.44 State review on a case-by-case basis of actions affecting land and water uses subject to the management program—Technique C. | NOAA | (a) The management program must provide for any one or a combination of general techniques specified in subsection 306(d)(11) of the Act for control of land and water uses within the coastal zone. The third such control technique, at subsection 306(d)(11)(C) of the Act, is state administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any state or local authority or private developer, with power to approve or disapprove after public notice and an opportunity for hearings (control technique C). (b) Under case-by-case review, States have the power to review individual development plans, projects or land and water use regulations (including variances and exceptions thereto) proposed by any State or local authority or private developer which have been identified in the management program as being subject to review for consistency with the management program. This control technique requires the greatest degree of policy specificity because compliance with the program will not require any prior actions on the part of anyone affected by the program. Specificity also is needed to avoid challenges that decisions (made pursuant to the management program) are unfounded, arbitrary or capricious. (c) To have control technique C approved, a State must: (1) Identify the plans, projects or regulations subject to review, based on their significance in terms of impacts on coastal resources, potential for incompatibility with the State's coastal management program, and having greater than local significance; (2) Identify the State agency that will conduct this review; (3) Include the criteria by which identified plans, projects and regulations will be approved or disapproved; (4) Have the power to approve or disapprove identified plans, projects or regulations that are inconsistent with the management program, or the power to seek court review thereof; and (5) Provide public notice of review… | ||||
| 15:15:4.1.2.2.14.5.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.45 Air and water pollution control requirements. | NOAA | The program must incorporate, by reference or otherwise, all requirements established by the Federal Water Pollution Control Act, as amended (Clean Water Act or CWA), or the Clean Air Act, as amended (CAA), or established by the Federal Government or by any state or local government pursuant to such Acts. Such requirements must be the water pollution control and air pollution control requirements applicable to such program. Incorporation of the air and water quality requirements pursuant to the CWA and CAA should involve their consideration during program development, especially with respect to use determinations and designation of areas for special management. In addition, this incorporation will prove to be more meaningful if close coordination and working relationships between the State agency and the air and water quality agencies are developed and maintained throughout the program development process and after program approval. | ||||
| 15:15:4.1.2.2.14.5.17.7 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.46 Organizational structure. | NOAA | The State must be organized to implement the management program. The management program must describe the organizational structure that will be used to implement and administer the management program including a discussion of those state and other agencies, including local governments, that will have responsibility for administering, enforcing and/or monitoring those authorities or techniques required pursuant to the following subsections of the Act: 306(d)(3)(B); 306(d)(10); 306(d)(10) (A) and (B); 306(d) (11) and (12); and 307(f). The management program must also describe the relationship of these administering agencies to the state agency designated pursuant to subsection 306(d)(6) of the Act. | ||||
| 15:15:4.1.2.2.14.5.17.8 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.47 Designated State agency. | NOAA | (a) For program approval, the Governor of the state must designate a single state agency to receive and administer the grants for implementing the management program. (1) This entity must have the fiscal and legal capability to accept and administer grant funds, to make contracts or other arrangements (such as passthrough grants) with participating agencies for the purpose of carrying out specific management tasks and to account for the expenditure of the implementation funds of any recipient of such monies, and (2) This entity must have the administrative capability to monitor and evaluate the management of the State's coastal resources by the various agencies and/or local governments with specified responsibilities under the management program (irrespective of whether such entities receive section 306 funds); to make periodic reports to the Office of Ocean and Coastal Resource Management (OCRM), the Governor, or the State legislature, as appropriate, regarding the performance of all agencies involved in the program. The entity also must be capable of presenting evidence of adherence to the management program or justification for deviation as part of the review by OCRM of State performance required by section 312 of the Act. (b)(1) The 306 agency designation is designed to establish a single point of accountability for prudent use of administrative funds in the furtherance of the management and for monitoring of management activities. Designation does not imply that this single agency need be a “super agency” or the principal implementation vehicle. It is, however, the focal point for proper administration and evaluation of the State's program and the entity to which OCRM will look when monitoring and reevaluating a State's program during program implementation. (2) The requirement for the single designated agency should not be viewed as confining or otherwise limiting the role and responsibilities which may be assigned to this agency. It is up to the State to decide in what manner and to what extent the des… | ||||
| 15:15:4.1.2.2.14.5.17.9 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | E | Subpart E—Authorities and Organization | § 923.48 Documentation. | NOAA | A transmittal letter signed by the Governor is required for the submission of a management program for federal approval. The letter must state that the Governor: (a) Has reviewed and approved as State policy, the management program, and any changes thereto, submitted for the approval of the Assistant Administrator. (b) Has designated a single State agency to receive and administer implementation grants; (c) Attests to the fact that the State has the authorities necessary to implement the management program; and (d) Attests to the fact that the State is organized to implement the management program. | ||||
| 15:15:4.1.2.2.14.6.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.50 General. | NOAA | (a) Coordination with governmental agencies having interests and responsibilities affecting the coastal zone, and involvement of interest groups as well as the general public is essential to the development and administration of State coastal management programs. The coordination requirements of this subpart are intended to achieve a proper balancing of diverse interests in the coastal zone. The policies of section 303 of the Act require that there be a balancing of variety, sometimes conflicting, interests, including: (1) The preservation, protection, development and, where possible, the restoration or enhancement of coastal resources; (2) The achievement of wise use of coastal land and water resources with full consideration for ecological, cultural, historic, and aesthetic values and needs for compatible economic development; (3) The involvement of the public, of Federal, state and local governments and of regional agencies in the development and implementation of coastal management programs; (4) The management of coastal development to improve, safeguard, and restore coastal water quality; and (5) The study and development of plans for addressing the adverse effects of coastal hazards, including erosion, flooding, land subsidence and sea level rise. (b) In order to be meaningful, coordination with and participation by various units and levels of government including regional commissions, interest groups, and the general public should begin early in the process of program development and should continue throughout on a timely basis to assure that such efforts will result in substantive inputs into a State's management program. State efforts should be devoted not only to obtaining information necessary for developing the management program but also to obtaining reactions and recommendations regarding the content of the management program and to responding to concerns by interested parties. The requirements for intergovernmental cooperation and public participation continue after program approval. (c) Thi… | ||||
| 15:15:4.1.2.2.14.6.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.51 Federal-State consultation. | NOAA | (a) The management program must be developed and adopted with the opportunity of full participation by relevant Federal agencies and with adequate consideration of the views of Federal agencies principally affected by such program. (b) By providing relevant Federal agencies with the opportunity for full participation during program development and for adequately considering the views of such agencies, States can effectuate the Federal consistency provisions of subsections 307 (c) and (d) of the Act once their programs are approved. (See 15 CFR part 930 for a full discussion of the Federal consistency provisions of the Act.) (c) In addition to the consideration of relevant Federal agency views required during program development, Federal agencies have the opportunity to provide further comment during the program review and approval process. (See subpart G for details on this process.) Moreover, in the event of a serious disagreement between a relevant Federal agency and designated State agency during program development or during program implementation, the mediation provisions of subsection 307(h) of the Act are available. (See § 923.54 for details on mediation.) (d) In order to provide an opportunity for participation by relevant Federal agencies and give adequate consideration to their views, each state must: (1) Contact each relevant Federal Agency listed in § 923.2(d) and such other Federal agencies as may be relevant, owing to a State's particular circumstances, early in the development of its management program. The purpose of such contact is to develop mutual arrangements or understandings regarding that agency's participation during program development; (2) Provide for Federal agency input on a timely basis as the program is developed. Such input shall be related both to information required to develop the management program and to evaluation of and recommendations concerning various elements of the management program; (3) Solicit statements from the head of Federal agencies identified in Table 1 of… | ||||
| 15:15:4.1.2.2.14.6.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.52 Consideration of the national interest in facilities. | NOAA | (a) The management program must provide for adequate consideration of the national interest involved in planning for, and managing the coastal zone, including the siting of facilities such as energy facilities which are of greater than local significance. In the case of energy facilities, the State must have considered any applicable national or interstate energy plan or program. (b) The primary purpose of this requirement is to assure adequate consideration by States of the national interest involved in the planning for and siting of facilities (which are necessary to meet other than local requirements) during: (1) The development of the State's management program, (2) The review and approval of the program by the Assistant Administrator, and (3) The implementation of the program as such facilities are proposed. (c) In order to fulfill this requirement, States must: (1) Describe the national interest in the planning for and siting of facilities considered during program development. (2) Indicate the sources relied upon for a description of the national interest in the planning for and siting of the facilities. (3) Indicate how and where the consideration of the national interest is reflected in the substance of the management program. In the case of energy facilities in which there is a national interest, the program must indicate the consideration given any national or interstate energy plans or programs which are applicable to or affect a state's coastal zone. (4) Describe the process for continued consideration of the national interest in the planning for and siting of facilities during program implementation, including a clear and detailed description of the administrative procedures and decisions points where such interest will be considered. | ||||
| 15:15:4.1.2.2.14.6.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.53 Federal consistency procedures. | NOAA | (a) A State must include in its management program submission, as part of the body of the submission an appendix or an attachment, the procedures it will use to implement the Federal consistency requirements of subsections 307 (c) and (d) of the Act. At a minimum, the following must be included: (1) An indication of whether the state agency designated pursuant to subsection 306(d)(6) of the Act or a single other agency will handle consistency review (see 15 CFR 930.18); (2) A list of Federal license and permit activities that will be subject to review (see 15 CFR 930.53); (3) For States anticipating coastal zone effects from Outer Continental Shelf (OCS) activities, the license and permit list also must include OCS plans which describe in detail Federal license and permit activities (see 15 CFR 930.74); and (4) The public notice procedures to be used for certifications submitted for Federal License and permit activities and, where appropriate, for OCS plans (see 15 CFR 930.61 through 930.62 and 930.78). (b) Beyond the minimum requirements contained in paragraph (a) of this section, States have the option of including: (1) A list of Federal activities, including development projects, which in the opinion of the State agency are likely to significantly affect the coastal zone and thereby will require a Federal agency consistency determination (see 15 CFR 930.35); and (2) A description of the types of information and data necessary to assess the consistency of Federal license and permit activities and, where appropriate, those described in detail in OCS plans (see 15 CFR 930.56 and 930.75). | ||||
| 15:15:4.1.2.2.14.6.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.54 Mediation. | NOAA | (a) Section 307(h) of the Act provides for mediation of serious disagreement between any Federal agency and a coastal state in the development and implementation of a management program. In certain cases, mediation by the Secretary, with the assistance of the Executive Office of the President, may be an appropriate forum for conflict resolution. (b) State-Federal differences should be addressed initially by the parties involved. Whenever a serious disagreement cannot be resolved between the parties concerned, either party may request the informal assistance of the Assistant Administrator in resolving the disagreement. This request shall be in writing, stating the points of disagreement and the reason therefore. A copy of the request shall be sent to the other party to the disagreement. (c) If a serious disagreement persists, the Secretary or other head of a relevant Federal agency, or the Governor or the head of the state agency designated by the Governor as administratively responsible for program development (if a state still is receiving section 305 program development grants) or for program implementation (if a state is receiving section 306 program implementation grants) may notify the Secretary in writing of the existence of a serious disagreement, and may request that the Secretary seek to mediate the serious disagreement. A copy of the written request must be sent to the agency with which the requesting agency disagrees and to the Assistant Administrator. (d) Secretarial mediation efforts shall last only so long as the parties agree to participate. The Secretary shall confer with the Executive Office of the President, as necessary, during the mediation process. (e) Mediation shall terminate: (1) At any time the parties agree to a resolution of the serious disagreement, (2) If one of the parties withdraws from mediation, (3) In the event the parties fail to reach a resolution of the serious disagreement within 15 days following Secretarial mediation efforts, and the parties do not agree to extend me… | ||||
| 15:15:4.1.2.2.14.6.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.55 Full participation by State and local governments, interested parties, and the general public. | NOAA | The management program must be developed and adopted with the opportunity of full participation by state agencies, local governments, regional commissions and organizations, port authorities, and other interested public and private parties. To meet this requirement, a State must: (a) Develop and make available general information regarding the program design, its content and its status throughout program development; (b) Provide a listing, as comprehensive as possible, of all governmental agencies, regional organizations, port authorities and public and private organizations likely to be affected by or to have a direct interest in the development and implementation of the management program; (c) Indicate the nature of major comments received from interested or affected parties, identified in paragraph (b)(2) of this section, and the nature of the State's response to these comments; and (d) Hold public meetings, workshops, etc., during the course of program development at accessible locations and convenient times, with reasonable notice and availability of materials. | ||||
| 15:15:4.1.2.2.14.6.17.7 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.56 Plan coordination. | NOAA | (a) The management program must be coordinated with local, areawide, and interstate plans applicable to areas within the coastal zone— (1) Existing on January 1 of the year in which the state's management program is submitted to the Secretary; and (2) Which have been developed by a local government, an areawide agency, a regional agency, or an interstate agency. (b) A State must insure that the contents of its management program has been coordinated with local, areawide and interstate plans applicable to areas within the coastal zone existing on January 1 of the year in which the State's management program is submitted to the Assistant Administrator for approval. To document this coordination, the management program must: (1) Identify local governments, areawide agencies and regional or interstate agencies which have plans affecting the coastal zone in effect on January 1 of the year in which the management program is submitted; (2) List or provide a summary of contacts with these entities for the purpose of coordinating the management program with plans adopted by a governmental entity as of January 1 of the year in which the management program is submitted. At a minimum, the following plans, affecting a State coastal zone, shall be reviewed: Land use plans prepared pursuant to section 701 of the Housing and Urban Development Act of 1968, as amended; State and areawide waste treatment facility or management plans prepared pursuant to sections 201 and 208 of the Clean Water Act, as amended; plans and designations made pursuant to the National Flood Insurance Act of 1968, as amended, and the Flood Disaster Protection Act of 1973, as amended; hazard mitigation plans prepared pursuant to section 409 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act; any applicable interstate energy plans or programs developed pursuant to section 309 of the Act; regional and interstate highway plans; plans developed by Regional Action Planning Commission; and fishery management plans developed pursuant to th… | ||||
| 15:15:4.1.2.2.14.6.17.8 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.57 Continuing consultation. | NOAA | (a) As required by subsection 306(d)(3)(B) of the Act, a State must establish an effective mechanism for continuing consultation and coordination between the management agency designated pursuant to paragraph (6) of section 306(d) of the Act and with local governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of those local governments and agencies in carrying out the purposes of this Act. (b) The management program must establish a procedure whereby local governments with zoning authority are notified of State management program decisions which would conflict with any local zoning ordinance decision. (1) “Management program decision” refers to any major, discretionary policy decisions on the part of a management agency, such as the determination of permissible land and water uses, the designation of areas or particular concern or areas for preservation or restoration, or the decision to acquire property for public uses. Regulatory actions which are taken pursuant to these major decisions are not subject to the State-local consultation mechanisms. A State management program decision is in conflict with a local zoning ordinance if the decision is contradictory to that ordinance. A State management program decision that consists of additional but not contradictory requirements is not in conflict with a local zoning ordinance, decision or other action; (2) “Local government” refers to these defined in section 304(11) of the Act which have some form of zoning authority. (3) “Local zoning ordinance, decision or other action” refers to any local government land or water use action which regulates or restricts the construction, alteration of use of land, water or structures thereon or thereunder. These actions include zoning ordinances, master plans and official maps. A local government has the right to comment on a State management program decision when such decision conflicts with the above specified actions; (4) Notification must be in… | ||||
| 15:15:4.1.2.2.14.6.17.9 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | F | Subpart F—Coordination, Public Involvement and National Interest | § 923.58 Public hearings. | NOAA | The management program must be developed and adopted after the holding of public hearings. A State must: (a) Hold a minimum of two public hearings during the course of program development, at least one of which will be on the total scope of the coastal management program. Hearings on the total management program do not have to be held on the actual document submitted to the Assistant Administrator for section 306 approval. However, such hearing(s) must cover the substance and content of the proposed management program in such a manner that the general public, and particularly affected parties, have a reasonable opportunity to understand the impacts of the management program. If the hearing(s) are not on the management document per se, all requests for such document must be honored and comments on the document received prior to submission of the document to the Assistant Administrator must be considered; (b) Provide a minimum of 30 days public notice of hearing dates and locations; (c) Make available for public review, at the time of public notice, all agency materials pertinent to the hearings; and (d) Include a transcript or summary of the public hearing(s) with the State's program document or submit same within thirty (30) days following submittal of the program to the Assistant Administrator. At the same time this transcript or summary is submitted to the Assistant Administrator, it must be made available, upon request, to the public. | ||||
| 15:15:4.1.2.2.14.7.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | G | Subpart G—Review/Approval Procedures | § 923.60 Review/approval procedures. | NOAA | (a) All state management program submissions must contain an environmental assessment at the time of submission of the management program to OCRM for threshold review. In accordance with regulations implementing the National Environmental Policy Act of 1969, as amended, OCRM will assist the State by outlining the types of information required. (See 40 CFR § 1506.5 (a) and (b).) (b) Upon submission by a State of its draft management program, OCRM will determine if it adequately meets the requirements of the Act and this part. Assuming positive findings are made and major revisions to the State's draft management program are not required, OCRM will prepare draft and final environmental impact statements, in accordance with National Environmental Policy Act requirements. Because the review process involves preparation and dissemination of draft and final environmental impact statements and lengthy Federal agency review; states should anticipate that it will take at least 7 months between the time a state first submits a draft management program to OCRM for threshold review and the point at which the Assistant Administrator makes a final decision on whether to approve the management program. Certain factors will contribute to lengthening or shortening this time table; these factors are discussed in OCRM guidance on the review/approval process. The OCRM guidance also recommends a format for the program document submitted to the Assistant Administrator for review and approval. | ||||
| 15:15:4.1.2.2.14.8.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.80 General. | NOAA | (a) This subpart establishes the criteria and procedures by which any proposed change to approved management programs shall be made. The term “program change” includes all terms used in section 306(e) of the Act, including amendment, modification or other program change. Draft program changes submitted to NOAA for informal review and comment are not subject to these requirements. Unless otherwise specified, the term “NOAA” refers to the Office for Coastal Management, within NOAA's National Ocean Service. (The Office for Coastal Management was formerly known as the Office of Ocean and Coastal Resource Management and the Coastal Services Center.) (b) Pursuant to section 306(e) of the Act, a coastal state may not implement any change to a management program as part of its management program unless the state submits, and NOAA approves, the change for incorporation into the state's federally-approved management program. A state shall not use a state or local government policy or requirement as an “enforceable policy” under 16 U.S.C. 1453(6a) and § 930.11(h) of this subchapter for purposes of Federal consistency under 16 U.S.C. 1456 and part 930 of this subchapter, unless NOAA has approved the incorporation of, and subsequent changes to, the state or local policy into the state's management program under this subpart. State or local government law not approved by NOAA as part of a state's management program remain legal requirements for state and local government purposes, but not for CZMA Federal consistency purposes. (c) For purposes of this subpart, program changes include changes to enforceable policies as well as changes to one or more of the following management program areas under part 923: Uses Subject to Management (Subpart B); Special Management Areas (Subpart C); Boundaries (Subpart D); Authorities and Organization (Subpart E); and Coordination, Public Involvement and National Interest (Subpart F). (d) The phrase “enforceable policies” used in this subpart is described in 16 U.S.C. 1453(6a) and § 930.11(h… | ||||
| 15:15:4.1.2.2.14.8.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.81 Program change procedures, deadlines, public notice and comment, and application of approved changes. | NOAA | (a) Pursuant to section 306(d)(6) of the Act and § 930.11(o) of this subchapter, all program changes shall be submitted to NOAA by: The Governor of a coastal state with an approved management program; the head of the single state agency designated under the management program to be the lead state agency for administering the CZMA; or the head of an office within the designated single state agency if the state has authorized that person to submit program changes. Program changes may be submitted to NOAA on a cyclical basis (e.g., quarterly, twice a year, annually) or as the changes occur. (1) One (1) copy shall be submitted electronically using the Program Change Form on NOAA's Program Change website, http://coast.noaa.gov/czmprogramchange . (i) If a state is not able to electronically send all or part of a program change to NOAA through NOAA's Program Change website, the state and NOAA shall agree to an alternative method (e.g., email, electronic CD, or a state website). In such instances, NOAA will, to the extent practicable, post the program change to NOAA's Program Change website. (ii) [Reserved] (2) All deadlines and timeframes under this subpart shall start on the first full business day after the day NOAA receives a program change (Day 1). For example, if a submission is received on a Thursday, day one of NOAA's review period would be Friday; if the day of receipt is Friday and Monday is a Federal holiday, Day 1 would be Tuesday. All days, starting with Day 1, are included in the calculation of total time for a deadline, including weekends and Federal holidays, except for the last day (e.g., Day 30 or Day 120). The day that NOAA's decision is due shall also end on a full business day. For example, if Day 30 is a Saturday, then NOAA's decision will be due the next Monday, or if Monday is a Federal holiday, on Tuesday. A state may request that NOAA's review period begin on a specified date following receipt by NOAA. (b) Within 5 days of receipt of a program change submission, NOAA shall notify the state… | ||||
| 15:15:4.1.2.2.14.8.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.82 Program change submissions. | NOAA | (a) As required by CZMA section 306(e)(3)(A), coastal states may not implement a change as part of its approved management program unless the change is approved by NOAA. In accordance with §§ 923.81 and 923.83, states shall submit program changes to NOAA for approval using the Program Change Form on NOAA's Program Change website. (b) All state program changes shall identify the program approval area(s) that apply to the program change. The five program approval areas are: Uses Subject to Management (subpart B of this part); Special Management Areas (subpart C of this part); Boundaries (subpart D of this part); Authorities and Organization (subpart E of this part); and Coordination, Public Involvement and National Interest (subpart F of this part). (c) Program changes that are editorial, non-substantive, or minor in scope. The types of program changes in paragraphs (c)(1) through (4) of this section shall be approved by NOAA and need less review as long as they satisfy the decision criteria in § 923.84 and do not raise issues under any Federal laws, as described in § 923.85: (1) Editorial or non-substantive changes (e.g., citation changes, minor technical changes, or changes to state agency name) to state laws, regulations, enforceable policies, local government coastal management programs, special area management plans, and other authorities; (2) Changes that do not change a state's coastal zone boundary or geographic location description(s), and are not otherwise used by the state for Federal consistency review; (3) Changes to the organization of a state's management program if the management program's structure and responsibilities will remain intact; and (4) Changes to enforceable policies previously approved by NOAA that make minor substantive revisions consistent with the scope and application of the previously approved enforceable policy. If the proposed changes are not consistent with the scope and application of the previously approved enforceable policy, then NOAA shall more closely review the chan… | ||||
| 15:15:4.1.2.2.14.8.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.83 Program change materials. | NOAA | (a) All program changes submitted to NOAA shall be submitted in accordance with § 923.81. States shall use the Program Change website Form and Table to provide the following. (1) A brief general overview description of the proposed program change(s) and a current version of the document(s) containing the program change (e.g., text of the revised statute, regulation, policy, map). The general overview description shall identify the law, regulation, policy, or other type of program provision contained in the program change submission. (2) A brief summary of the changes of each authority or policy identified in paragraph (a)(1) of this section, and how the management program as changed is different than the previously approved management program. (3) Indicate which of one or more of the five management program approval areas under this part apply to the program change: (i) Uses Subject to Management (subpart B); (ii) Special Management Areas (subpart C); (iii) Boundaries (subpart D); (iv) Authorities and Organization (subpart E); or (v) Coordination, Public Involvement and National Interest (subpart F). (4) States shall use the Program Change Table provided by NOAA through the Program Change website to provide: (i) The State legal citation for the policy (state code, public law number, state regulation, other official state format); (ii) The title of the policy, section, or other descriptor; (iii) Whether the change or policy is new, revised, or deleted; (iv) The date the change was effective in the state; (v) Identification of each enforceable policy submitted as part of the program change; and (vi) The state enforceable mechanism citation that makes the policy enforceable under state law. The phrase “enforceable mechanism” means a state authority that makes an enforceable policy legally binding under state law, as described in this subpart and § 930.11(h) of this subchapter. Examples of an enforceable mechanism include state statutes, regulations, permitting programs, local government ordinances or … | ||||
| 15:15:4.1.2.2.14.8.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.84 Program change decision criteria. | NOAA | (a) NOAA shall review all program changes on a case-by-case basis. NOAA shall determine whether a management program, if changed, would continue to satisfy the applicable program approval criteria of CZMA section 306(d) and subparts B through F of this part and the requirements of this subpart (subpart H). (b) Enforceable policies. In order for NOAA to approve the incorporation of a new or revised enforceable policy into a state's management program, the policy shall: (1) Be legally binding under state law; (2) Contain standards of sufficient specificity to guide public and private uses. A policy is not enforceable if it merely directs a state agency to develop regulations or standards. (i) Definitions and information requirements are essential elements of determining compliance with regulatory and permit standards. As such, a state law or regulation that contains numerous standards, definitions, and information requirements may be considered enforceable in its entirety after consultation with NOAA. If NOAA determines that a law or regulation may be considered enforceable in its entirety, a state shall still need to apply only the substantive standards within the statute or regulation as enforceable policies for CZMA Federal consistency reviews. Procedural requirements are not considered to be enforceable policies for CZMA review purposes. (ii) [Reserved] (3) Apply only to areas and/or entities under state jurisdiction; (4) Not refer to or otherwise purport to apply to Federal agencies, Federal lands or Federal waters. The Act does not authorize states to establish regulatory standards for Federal agencies or for Federal lands or waters. A state policy that would regulate or otherwise establish standards for Federal agencies or Federal lands or waters shall not meet the Act's definition of “enforceable policy” ( i.e., legally binding under state law) under 16 U.S.C. 1453(6a). States apply their NOAA-approved enforceable policies to Federal actions, regardless of location, through CZMA Federal consistency … | ||||
| 15:15:4.1.2.2.14.8.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | H | Subpart H—Changes to Approved Management Programs | § 923.85 Procedural requirements of other Federal law. | NOAA | NOAA shall determine on a case-by-case basis whether each program change requires NOAA to take additional actions under any other Federal requirements. (a) If a state's program change will affect the resources or interests of any federally-recognized Indian Tribe (tribe), NOAA shall contact the affected tribe(s) and determine if Government-to-Government consultation is desired under Executive Order 13175 (Nov. 6, 2000). (b) If, for the purposes of ESA, NHPA, MSFCMA or MMPA compliance, NOAA determines that a state's program change will have effects on listed threatened or endangered species, historic properties, essential fish habitat or marine mammals, then NOAA shall determine if consultation is needed with the applicable Federal agency under the ESA, NHPA, MSFCMA and MMPA. (c) When NOAA determines whether to consult under other Federal statutes or tribal executive orders, NOAA's ability to require changes to a state's proposed program change are limited by the following: (1) Once NOAA approves a state's management program, NOAA cannot require a state to change its program. NOAA can, through periodic evaluations of a state's management program under section 312 of the Act, establish necessary actions if NOAA finds a state is not adhering to its NOAA-approved program, but NOAA can only recommend that a state change its program to create a different state standard or to address emerging issues; and (2) NOAA can approve or disapprove a program change request. When NOAA reviews a program change, NOAA has a limited ability to require a state to make changes to state policies. If NOAA disapproves a program change request, this does not require a state to change state law. Therefore, there is no effect from NOAA's denial on the implementation of state law at the state (or local government) level. NOAA's denial means the disapproved state policy is not part of the state's NOAA-approved management program and cannot be used for CZMA Federal consistency purposes. NOAA cannot use a program change to require changes to… | ||||
| 15:15:4.1.2.2.14.9.17.1 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.90 General. | NOAA | (a) The primary purpose of development grants made pursuant to section 305 of the Act is to assist coastal States in the development of comprehensive coastal management programs that can be approved by the Assistant Administrator. The primary purpose of implementation grants made pursuant to section 306 of the Act is to assist coastal States in implementing coastal management programs following their approval, including especially administrative actions to implement enforceable program policies, authorities and other management techniques. The purpose of the guidelines in this subpart is to define the procedures by which grantees apply for and administer grants under the Act. These guidelines shall be used and interpreted in conjunction with applicable Federal laws and policies, Department of Commerce grants management regulations, policies and procedures, and any other applicable directives from the NOAA Grants Management Division and OCRM program offices. (b) Grants awarded to a State must be expended for the development or administration, as appropriate, of a management program that meets the requirements of the Act, and in accordance with the terms of the award. (c) All applications for funding under section 305 or 306 of the Act, including proposed work programs, funding priorities and allocations are subject to the discretion of the Assistant Administrator. (d) For purposes of this subpart, the term development grant means a grant awarded pursuant to subsection 305(a) of the Act. “Administrative grant” and “implementation grant” are used interchangeably and mean grants awarded pursuant to subsection 306(a) of the Act. (e) All application and preapplication forms are to be requested from and submitted to: National Oceanic and Atmospheric Administration, Office of Ocean and Coastal Resource Management, Coastal Programs Division, 1305 East-West Highway (N/ORM3), Silver Spring, MD 20910. | ||||
| 15:15:4.1.2.2.14.9.17.2 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.91 State responsibility. | NOAA | (a) Applications for program grants are required to be submitted by the Governor of a participating state or by the head of the state entity designated by the Governor pursuant to subsection 306(d)(6) of the Act. (b) In the case of a section 305 grant, the application must designate a single state agency or entity to receive development grants and to be responsible for development of the State's coastal management program. The designee need not be that entity designated by the Governor pursuant to subsection 306(d)(6) of the Act as a single agency to receive and administer implementation grants. (c) One State application will cover all program activities for which program development or implementation funds under this Act and matching State funds are provided, irrespective of whether these activities will be carried out by State agencies, areawide or regional agencies, local governments, or interstate entities. (d) The designated state entity shall be fiscally responsible for all expenditures made under the grant, including expenditures by subgrantees and contractors. | ||||
| 15:15:4.1.2.2.14.9.17.3 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.92 Allocation. | NOAA | (a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) of the Act foster intergovernmental cooperation in that a state, in accordance with its coastal zone management program, may allocate some of its coastal zone management responsibilities to several agencies, including local governments, areawide agencies, regional agencies and interstate agencies. Such allocations provide for continuing consultation and more effective participation and cooperation among state and local governments, interstate, regional and areawide agencies. (b) A State may allocate a portion or portions of its grant to other State agencies, local governments, areawide or regional agencies, interstate entities, or Indian tribes, if the work to result from such allocation(s) will contribute to the effective development or implementation of the State's management program. (1) Local governments. Should a State desire to allocate a portion of its grant to a local government, units of general-purpose local government are preferred over special-purpose units of local government. Where a State will be relying on direct State controls as provided for in subsection 306(d)(11)(B) of the Act, pass-throughs to local governments for local planning, regulatory or administrative efforts under a section 306 grant cannot be made, unless they are subject to adequate State overview and are part of the approved management program. Where the approved management program provides for other specified local activities or one-time projects, again subject to adequate State overview, then a portion of administrative grant funds may be allocated to local governments. (2) Indian Tribes. Tribal participation in coastal management efforts may be supported and encouraged through a State's program. Individual tribes or groups of tribes may be considered regional agencies and may be allocated a portion of a State's grant for the development of independent tribal coastal management programs or the implementation of specific management projects provided that: (i) The State cert… | ||||
| 15:15:4.1.2.2.14.9.17.4 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.93 Eligible implementation costs. | NOAA | (a) Costs claimed must be beneficial and necessary to the objectives of the grant project. As used herein the terms cost and grant project pertain to both the Federal and the matching share. Allowability of costs will be determined in accordance with the provisions of OMB Circular A-87: Cost Principles for State, Local and Indian Tribal Governments. (b) Federal funds awarded pursuant to section 306 of the Act may not be used for land acquisition purposes and may not be used for construction purposes. These costs may be eligible, however, pursuant to section 306A of the Act. (c) The primary purpose for which implementation funds, pursuant to section 306 of the Act, are to be used is to assure effective implementation and administration of the management program, including especially administrative actions to implement enforceable program policies, authorities and other management techniques. Implementation activities should focus on achieving the policies of the Act. (d) Section 306 funding in support of any of these purposes may be used to fund, among other things: (1) Personnel costs, (2) Supplies and overhead, (3) Equipment, and (4) Feasibility studies and preliminary engineering reports. (e) States are encouraged to coordinate administrative funding requests with funding possibilities pursuant to sections 306A, 308, 309, 310 and 315 of the Act, as well as with funding possibilities pursuant to section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990. When in doubt as to the appropriate section of the Act under which to request funding, States should consult with OCRM. States should consult with OCRM on technical aspects of consolidating requests into a single application. | ||||
| 15:15:4.1.2.2.14.9.17.5 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.94 Application for program development or implementation grants. | NOAA | (a) OMB Standard Form 424 (4-92) and the NOAA Application Kit for Federal Assistance constitute the formal application. An original and two (2) copies must be submitted 45 days prior to the desired grant beginning date. The application must be accompanied by evidence of compliance with E.O. 12372 requirements including the resolution of any problems raised by the proposed project. The administrative requirements for grants and subawards, under this program, to state, local and Indian tribal governments are set out in 15 CFR part 24. The administrative requirements for other entities are prescribed under OMB Circular A-110: Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations. (b) Costs claimed as charges to the grant project must be beneficial and necessary to the objectives of the grant project. As used herein, the terms “cost” and “grant project” pertain to both the Federal amount awarded and the non-federal matching share. Allowability of costs will be determined in accordance with the provisions of OMB Circular A-87: Cost Principles for State, Local and Indian Tribal Governments. Eligible implementation costs also shall be determined in accordance with § 923.93 of these regulations. Allowability of costs for non-profit organizations will be determined in accordance with OMB Circular A-122: Cost Principles for Non-Profit Organizations. Allowability of costs for institutions of higher education will be determined in accordance with OMB Circular A-21: Cost Principles for Educational Institutions. (c) In the grant application, the applicant must describe clearly and briefly the activities that will be undertaken with grant funds in support of implementation and administration of the management program. This description must include: (1) An identification of those elements of the approved management program that are to be supported in whole or in part by the Federal and the matching share, (2) A clear statement of the major ta… | ||||
| 15:15:4.1.2.2.14.9.17.6 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.95 Approval of applications. | NOAA | (a) The application for a grant by any coastal State which complies with the policies and requirements of the Act and these guidelines shall be approved by the NOAA Grants Officer, upon recommendation by the Assistant Administrator, assuming available funding. (b) Should an application be found deficient, the Assistant Administrator will notify the applicant in detail of any deficiency when an application fails to conform to the requirements of the Act or these regulations. Conferences may be held on these matters. Corrections or adjustments to the application will provide the basis for resubmittal of the application for further consideration and review. (c) The NOAA Grants Officer, upon recommendation by the Assistant Administrator, may waive appropriate administrative requirements contained in this subpart, upon finding of extenuating circumstances relating to applications for assistance. | ||||
| 15:15:4.1.2.2.14.9.17.7 | 15 | Commerce and Foreign Trade | IX | B | 923 | PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS | I | Subpart I—Applications for Program Development or Implementation Grants | § 923.96 Grant amendments. | NOAA | (a) Actions that require an amendment to a grant award such as a request for additional Federal funds, changes in the amount of the non-Federal share, changes in the approved project budget as specified in 15 CFR part 24, or extension of the grant period must be submitted to the Assistant Administrator and approved in writing by the NOAA Grants Officer prior to initiation of the contemplated change. Such requests should be submitted at least 30 days prior to the proposed effective date of the change and, if appropriate, accompanied by evidence of compliance with E.O. 12372 requirements. (b) NOAA shall acknowledge receipt of the grantee's request within the ten (10) working days of receipt of the correspondence. This notification shall indicate NOAA's decision regarding the request; or indicate a time-frame within which a decision will be made. | ||||
| 7:7:8.1.1.1.7.1.86.1 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.1 Secretary. | AMS | Secretary means the Secretary of Agriculture of the United States, or any officer or employee of the Department to whom authority has heretofore been delegated, or to whom authority may hereafter be delegated, to act in his stead. | |||||
| 7:7:8.1.1.1.7.1.86.10 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.10 Size. | AMS | Size means the greatest diameter, measured through the center of the cherry, at right angles to a line running from the stem to the blossom end, or such other specification as may be established by the committee with the approval of the Secretary. | |||||
| 7:7:8.1.1.1.7.1.86.11 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.11 Grower. | AMS | Grower is synonymous with producer and means any person who produces cherries for market and who has a proprietary interest therein. | |||||
| 7:7:8.1.1.1.7.1.86.12 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.12 Handler. | AMS | Handler is synonymous with shipper and means any person (except a common or contract carrier transporting cherries owned by another person) who handles cherries. | |||||
| 7:7:8.1.1.1.7.1.86.13 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.13 Handle. | AMS | Handle and ship are synonymous and mean to sell, consign, deliver, or transport cherries or cause the sale, consignment, delivery, or transportation of cherries or in any other way to place cherries, or cause cherries to be placed, in the current of the commerce from any point within the production area to any point outside thereof: Provided, That the term handle shall not include the transportation within the production area of cherries from the orchard where grown to a packing facility located within such area for preparation for market, or the delivery of such cherries to such packing facility for such preparation. | |||||
| 7:7:8.1.1.1.7.1.86.14 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.14 District. | AMS | [22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 66 FR 58356, Nov. 21, 2001] | District means the applicable one of the following described subdivisions of the production area, or such other subdivisions as may be prescribed pursuant to § 923.31(m): (a) District 1 shall include the Counties of Chelan, Okanogan, Douglas, Grant, Lincoln, Spokane, Pend Oreille, Stevens, and Ferry. (b) District 2 shall include the counties of Kittitas, Yakima, Klickitat, Benton, Adams, Franklin, Walla Walla, Whitman, Columbia, Garfield and Asotin. | ||||
| 7:7:8.1.1.1.7.1.86.15 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.15 Export. | AMS | Export means to ship cherries beyond the continental boundaries of the United States. | |||||
| 7:7:8.1.1.1.7.1.86.16 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.16 Pack. | AMS | Pack means the specific arrangement, size, weight, count, or grade of a quantity of cherries in a particular type and size of container, or any combination thereof. | |||||
| 7:7:8.1.1.1.7.1.86.17 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.17 Container. | AMS | Container means a box, bag, crate, lug, basket, carton, package, or any other type of receptacle used in the packaging or handling of cherries. | |||||
| 7:7:8.1.1.1.7.1.86.2 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.2 Act. | AMS | Act means Public Act No. 10, 73d Congress (May 12, 1933), as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (48 Stat. 31, as amended; 7 U.S.C. 601 et seq.; 68 Stat. 906, 1047). | |||||
| 7:7:8.1.1.1.7.1.86.3 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.3 Person. | AMS | Person means an individual, partnership, corporation, association, or any other business unit. | |||||
| 7:7:8.1.1.1.7.1.86.4 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.4 Production area. | AMS | [66 FR 58356, Nov. 21, 2001] | Production area means the counties of Okanogan, Chelan, Kittitas, Yakima, Klickitat in the State of Washington and all of the counties in Washington lying east thereof. | ||||
| 7:7:8.1.1.1.7.1.86.5 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.5 Cherries. | AMS | Cherries means all varieties of sweet cherries grown in the production area, classified botanically as Prunus avium. | |||||
| 7:7:8.1.1.1.7.1.86.6 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.6 Varieties. | AMS | Varieties means and includes all classifications or subdivisions of Prunus avium. | |||||
| 7:7:8.1.1.1.7.1.86.7 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.7 Fiscal period. | AMS | Fiscal period is synonymous with fiscal year and means the 12-month period ending on March 31 of each year or such other period that may be approved by the Secretary pursuant to recommendations by the committee. | |||||
| 7:7:8.1.1.1.7.1.86.8 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.8 Committee. | AMS | Committee means the Washington Cherry Marketing Committee established pursuant to § 923.20. | |||||
| 7:7:8.1.1.1.7.1.86.9 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.9 Grade. | AMS | Grade means any one of the officially established grades of cherries as defined and set forth in: (a) United States Standards for Sweet Cherries (§§ 51.2646 to 51.2660 of this title) or amendments thereto, or modifications thereof, or variations based thereon; (b) Standards for sweet cherries issued by the State of Washington or amendments thereto, or modifications thereof, or variations based thereon. | |||||
| 7:7:8.1.1.1.7.1.87.18 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.20 Establishment and membership. | AMS | [22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 66 FR 58356, Nov. 21, 2001] | There is hereby established a Washington Cherry Marketing Committee consisting of sixteen members, each of whom shall have an alternate who shall have the same qualifications as the member for whom he is an alternate. Ten of the members and their respective alternates shall be growers or officers or employees of corporate growers. Six of the members and their respective alternates shall be handlers, or officers or employees of handlers. The ten members of the committee who are growers or employees or officers of corporate growers are referred to in this part as “grower members” of the committee; and the six members of the committee who shall be handlers, or officers or employees of handlers, are referred to in this part as “handler members” of the committee. Five of the grower members and their respective alternates shall be producers of cherries in District 1, and five of the grower members and their respective alternates shall be producers of cherries in District 2. Three of the handler members and their respective alternates shall be handlers of cherries in District 1, and three of the handler members and their respective alternates shall be handlers of cherries in District 2. | ||||
| 7:7:8.1.1.1.7.1.87.19 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.21 Term of office. | AMS | [70 FR 44252, Aug. 2, 2005] | The term of office of each member and alternate member of the committee shall be for two years beginning April 1 and ending March 31. Members and alternate members shall serve in such capacities for the portion of the term of office for which they are selected and have qualified and until their respective successors are selected and have qualified. Committee members shall not serve more than three consecutive terms. Members who have served for three consecutive terms must leave the committee for at least one year before becoming eligible to serve again. | ||||
| 7:7:8.1.1.1.7.1.87.20 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.22 Nomination. | AMS | (a) Initial members. Nominations for each of the ten initial grower members and five initial handler members of the committee, together with nominations for the initial alternate members for each position, may be submitted to the Secretary by individual growers and handlers. Such nominations may be made by means of group meetings of the growers and handlers concerned in each district. Such nominations, if made, shall be filed with the Secretary no later than the effective date of this part. In the event nominations for initial members and alternate members of the committee are not filed pursuant to, and within the time specified, in this section, the Secretary may select such initial members and alternate members without regard to nominations, but selections shall be on the basis of the representation provided for in § 923.20. (b) Successor members. (1) The committee shall hold or cause to be held, not later than March 1 of each year, a meeting or meetings of growers and handlers in each district for the purpose of designating nominees for successor members and alternate members of the committee. At each such meeting a chairman and a secretary shall be selected by the growers and handlers eligible to participate therein. The chairman shall announce at the meeting the number of votes cast for each person nominated for member or alternate member and shall submit promptly to the committee a complete report concerning such meeting. The committee shall, in turn, promptly submit a copy of each such report to the Secretary. (2) Only growers, including duly authorized officers or employees of corporate growers, who are present at such nomination meetings may participate in the nomination and election of nominees for grower members and their alternates. Each grower shall be entitled to cast only one vote for each nominee to be elected in the district in which he produces cherries. No grower shall participate in the election of nominees in more than one district in any one fiscal year. If a person is both a grower an… | |||||
| 7:7:8.1.1.1.7.1.87.21 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.23 Selection. | AMS | From the nominations made pursuant to § 923.22, or from other qualified persons, the Secretary shall select the ten grower members of the committee, the five handler members of the committee, and an alternate for each member. | |||||
| 7:7:8.1.1.1.7.1.87.22 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.24 Failure to nominate. | AMS | If nominations are not made within the time and in the manner prescribed in § 923.22, the Secretary may, without regard to nominations, select the members and alternate members of the committee on the basis of the representation provided for in § 923.20. | |||||
| 7:7:8.1.1.1.7.1.87.23 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.25 Acceptance. | AMS | [66 FR 58356, Nov. 21, 2001] | Any person prior to selection as a member or an alternate member of the committee shall qualify by filing with USDA a written acceptance of willingness to serve on the committee. | ||||
| 7:7:8.1.1.1.7.1.87.24 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.26 Vacancies. | AMS | To fill any vacancy occasioned by the failure of any person selected as a member or as an alternate member of the committee to qualify, or in the event of the death, removal, resignation, or disqualification of any member or alternate member of the committee, a successor for the unexpired term of such member or alternate member of the committee shall be nominated and selected in the manner specified in §§ 923.22 and 923.23. If the names of nominees to fill any such vacancy are not made available to the Secretary within a reasonable time after such vacancy occurs, the Secretary may fill such vacancy without regard to nominations, which selection shall be made on the basis of representation provided for in § 923.20. | |||||
| 7:7:8.1.1.1.7.1.87.25 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.27 Alternate members. | AMS | An alternate member of the committee, during the absence or at the request of the member for whom he is an alternate, shall act in the place and stead of such member and perform such other duties as assigned. In the event of the death, removal, resignation, or disqualification of a member, his alternate shall act for him until a successor for such member is selected and has qualified. In the event both a member of the committee and his alternate are unable to attend a committee meeting, the member of the committee may designate any other alternate member from the same district and group (handler or grower) to serve in such member's place and stead. | |||||
| 7:7:8.1.1.1.7.1.87.26 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.30 Powers. | AMS | The committee shall have the following powers: (a) To administer the provisions of this part in accordance with its terms; (b) To receive, investigate, and report to the Secretary complaints of violations of the provisions of this part; (c) To make and adopt rules and regulations to effectuate the terms and provisions of this part; and (d) To recommend to the Secretary amendments to this part. | |||||
| 7:7:8.1.1.1.7.1.87.27 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.31 Duties. | AMS | The committee shall have, among others, the following duties: (a) To select a chairman and such other officers as may be necessary, and to define the duties of such officers; (b) To appoint such employees, agents, and representatives as it may deem necessary, and to determine the compensation and to define the duties of each; (c) To submit to the Secretary as soon as practicable after the beginning of each fiscal period a budget for such fiscal period, including a report in explanation of the items appearing therein and a recommendation as to the rate of assessment for such period; (d) To keep minutes, books, and records which will reflect all of the acts and transactions of the committee and which shall be subject to examination by the Secretary; (e) To prepare periodic statements of the financial operations of the committee and to make copies of each such statement available to growers and handlers for examination at the office of the committee; (f) To cause its books to be audited by a competent accountant at least once each fiscal year and at such time as the Secretary may request; (g) To act as intermediary between the Secretary and any grower or handler; (h) To investigate and assemble data on the growing, handling, and marketing conditions with respect to cherries; (i) To submit to the Secretary such available information as he may request; (j) To notify producers and handlers of all meetings of the committee to consider recommendations for regulations; (k) To give the Secretary the same notice of meetings of the committee as is given to its members; (l) To investigate compliance with the provisions of this part; (m) With the approval of the Secretary, to redefine the districts into which the production area is divided, and to reapportion the representation of any district on the committee: Provided, That any such changes shall reflect, insofar as practicable, shifts in cherry production within the districts and the production area. | |||||
| 7:7:8.1.1.1.7.1.87.28 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.32 Procedure. | AMS | (a) Twelve members of the committee, including alternates acting for members, shall constitute a quorum; and any action of the committee shall require the concurring vote of at least nine members. (b) The committee may provide for simultaneous meetings of groups of its members assembled at two or more designated places: Provided, That such meetings shall be subject to the establishment of communication between all such groups and the availability of loud speaker receivers for each group so that each member may participate in the discussions and other actions the same as if the committee were assembled in one place. Any such meeting shall be considered as an assembled meeting. (c) The committee may vote by telegraph, telephone, or other means of communication, and any votes so cast shall be confirmed promptly in writing: Provided, That if an assembled meeting is held, all votes shall be cast in person. | |||||
| 7:7:8.1.1.1.7.1.87.29 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.33 Expenses and compensation. | AMS | The members of the committee, and alternates when acting as members, shall be reimbursed for expenses necessarily incurred by them in the performance of their duties under this part and may also receive compensation, as determined by the committee, which shall not exceed $10 per day or portion thereof spent in performing such duties: Provided, That at its discretion the committee may request the attendance of one or more alternates at any or all meetings, notwithstanding the expected or actual presence of the respective members, and may pay expenses and compensation, as aforesaid. | |||||
| 7:7:8.1.1.1.7.1.87.30 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.34 Annual report. | AMS | The committee shall, prior to the last day of each fiscal period, prepare and mail an annual report to the Secretary and make a copy available to each handler and grower who requests a copy of the report. This annual report shall contain at least: (a) A complete review of the regulatory operations during the fiscal period; (b) an appraisal of the effect of such regulatory operations upon the cherry industry; and (c) any recommendations for changes in the program. | |||||
| 7:7:8.1.1.1.7.1.88.31 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.40 Expenses. | AMS | The committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by the committee to enable it to exercise its powers and perform its duties in accordance with the provisions of this part during each fiscal period. The funds to cover such expenses shall be acquired by the levying of assessments as prescribed in § 923.41. | |||||
| 7:7:8.1.1.1.7.1.88.32 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.41 Assessments. | AMS | [22 FR 3835, June 1, 1957. Redesignated at 26 FR 12751, Dec. 30, 1961, as amended at 66 FR 58356, Nov. 21, 2001.] | (a) Each person who first handles cherries shall, with respect to the cherries so handled by him, pay to the committee upon demand such person's pro rata share of the expenses which the Secretary finds will be incurred by the committee during each fiscal period. Each such person's share of such expenses shall be equal to the ratio between the total quantity of cherries handled by him as the first handler thereof during the applicable fiscal period and the total quantity of cherries so handled by all persons during the same fiscal period. The payment of assessments for the maintenance and functioning of the committee may be required under this part throughout the period it is in effect irrespective of whether particular provisions thereof are suspended or become inoperative. (b) The Secretary shall fix the rate of assessment to be paid by each such person. At any time during or after the fiscal period, the Secretary may increase the rate of assessment in order to secure sufficient funds to cover any later finding by the Secretary relative to the expenses which may be incurred. Such increase shall be applied to all cherries handled during the applicable fiscal period. In order to provide funds for the administration of the provisions of this part during the first part of a fiscal period before sufficient operating income is available from assessments on the current year's shipments, the committee may accept the payment of assessments in advance, and may also borrow money for such purpose. (c) If a handler does not pay any assessment within the time prescribed by the committee, the assessment may be subject to an interest or late payment charge, or both, as may be established by USDA as recommended by the committee. | ||||
| 7:7:8.1.1.1.7.1.88.33 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.42 Accounting. | AMS | (a) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for as follows: (1) Except as provided in paragraph (a)(2) of this section, each person entitled to a proportionate refund of any excess assessment shall be credited with such refund against the operation of the following fiscal period unless such person demands repayment thereof, in which event it shall be paid to him: Provided, That any sum paid by a person in excess of his pro rata share of the expenses during any fiscal period may be applied by the committee at the end of such fiscal period to any outstanding obligations due the committee from such person. (2) The Secretary, upon recommendation of the committee, may determine that it is appropriate for the maintenance and functioning of the committee that the funds remaining at the end of a fiscal period which are in excess of the expenses necessary for committee operations during such period may be carried over into following periods as a reserve. Such reserve may be established at an amount not to exceed approximately one fiscal period's operational expenses; and such reserve may be used to cover the necessary expenses of liquidation, in the event of termination of this part, and to cover the expenses incurred for the maintenance and functioning of the committee during any fiscal period when there is a crop failure, or during any period of suspension of any or all of the provisions of this part. Such reserve may also be used by the committee to finance its operations, during any fiscal period, prior to the time that assessment income is sufficient to cover such expenses; but any of the reserve funds so used shall be returned to the reserve as soon as assessment income is available for this purpose. Upon termination of this part, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate: Provided, That to the extent practical,… | |||||
| 7:7:8.1.1.1.7.1.88.34 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.43 Contributions. | AMS | [70 FR 44252, Aug. 2, 2005] | The committee may accept voluntary contributions but these shall only be used to pay expenses incurred pursuant to § 923.45. Furthermore, such contributions shall be free from any encumbrances by the donor and the committee shall retain complete control of their use. | ||||
| 7:7:8.1.1.1.7.1.89.35 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.45 Marketing research and development. | AMS | The committee, with the approval of the Secretary, may establish or provide for the establishment of marketing research and development projects designed to assist, improve, or promote the marketing, distribution, and consumption of cherries. The expense of such projects shall be paid from funds collected pursuant to § 923.41. | |||||
| 7:7:8.1.1.1.7.1.90.36 | 7 | Agriculture | IX | 923 | PART 923—SWEET CHERRIES GROWN IN DESIGNATED COUNTIES IN WASHINGTON | A | Subpart A—Order Regulating Handling > | § 923.50 Marketing policy. | AMS | (a) Each season prior to making any recommendations pursuant to § 923.51, the committee shall submit to the Secretary a report setting forth its marketing policy for the ensuing season. Such marketing policy report shall contain information relative to: (1) The estimated total production of cherries within the production area; (2) The expected general quality and size of cherries in the production area and in other areas; (3) The expected demand conditions for cherries in different market outlets; (4) The expected shipments of cherries produced in the production area and in areas outside the production area; (5) Supplies of competing commodities; (6) Trend and level of consumer income; (7) Other factors having a bearing on the marketing of cherries; and (8) The type of regulations expected to be recommended during the season. (b) In the event it becomes advisable, because of changes in the supply and demand situation for cherries, to modify substantially such marketing policy, the committee shall submit to the Secretary a revised marketing policy report setting forth the information prescribed in this section. The committee shall publicly announce the contents of each marketing policy report, including each revised marketing policy report, and copies thereof shall be maintained in the office of the committee where they shall be available for examination by growers and handlers. |
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