[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR923.110]

[Page 219-220]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 923--COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
   Subpart J--Allocation of Section 306 Program Administration Grants
 
Sec. 923.110  Allocation formula.


    (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.

[[Page 220]]

    (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 programs, plus
    (2) A proportionate share of the remainder to be divided as follows:
    (i) Sixty percent will be allocated based on each eligible State's 
proportionate share of the length of tidal shoreline and/or Great Lake 
shoreline mileage of all participating States based on the most recently 
available data from or accepted by the National Ocean Survey, and
    (ii) Forty percent will be allocated on each eligible State's 
proportionate share of the aggregate population of all coastal counties 
contained in whole or in part within the designated coastal boundary of 
all eligible State coastal programs based on official data or the most 
recent U.S. census.
    (3) Should any State's base allocation exceed the maximum 
established by the Assistant Administrator, the excess amount shall be 
subtracted from the established maximum and redistributed 
proportionately among those eligible States with allocations not 
exceeding the established maximum.
    (d) Use of the allocation formula. The allocation formula shall be 
used to establish base level allocations for each State coastal 
management program eligible to receive Federal funding.
    (e) Adjustment for phase down of Federal funding. The Assistant 
Administrator may adjust base level allocations as necessary to 
implement a phase down of Federal financial support. Any such adjustment 
shall be implemented in a manner which gives some priority to recently 
approved State coastal management programs. Options for implementation 
of a phase down will be submitted to the States for review and comment.
    (f) Calculation of financial assistance award levels. Actual 
financial assistance award levels will be set from base level 
allocations, any adjustments under paragraph (e) above, and in 
accordance with the provisions of Section 312(c) and (d).

(Secs. 306 and 317 of the Coastal Zone Management Act)

[47 FR 21021, May 17, 1982, as amended at 59 FR 27985, May 31, 1994. 
Redesignated at 61 FR 33818, June 28, 1996]