[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR921.30]

[Page 104]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 921_NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM REGULATIONS--Table of Contents
 
         Subpart D_Reserve Designation and Subsequent Operation
 
Sec. 921.30  Designation of National Estuarine Research Reserves.


    (a) The Under Secretary may designate an area proposed for 
designation by the Governor of the state in which it is located, as a 
National Esturaine Research Reserve if the Under Secretary finds:
    (1) The area is a representative estuarine ecosystem that is 
suitable for long-term research and contributes to the biogeographical 
and typological balance of the System;
    (2) Key land and water areas of the proposed Reserve, as identified 
in the management plan, are under adequate state control sufficient to 
provide long-term protection for reserve resources to ensure a stable 
environment for research;
    (3) Designation of the area as a Reserve will serve to enhance 
public awareness and understanding of estuarine areas, and provide 
suitable opportunities for public education and interpretation;
    (4) A final management plan has been approved by NOAA;
    (5) An MOU has been signed between the state and NOAA ensuring a 
long-term commitment by the state to the effective operation and 
implementation of the area as a National Estuarine Research Reserve;
    (6) All MOU's necessary for reserve management (i.e., with relevant 
Federal, state, and local agencies and/or private organizations) have 
been signed; and
    (7) The coastal state in which the area is located has complied with 
the requirements of subpart B.
    (b) NOAA will determine whether the designation of a National 
Estuarine Research Reserve in a state with a federally approved coastal 
zone management program directly affects the coastal zone. If the 
designation is found to directly affect the coastal zone, NOAA will make 
a consistency determination pursuant to Sec. 307(c)(1) of the Act, 16 
U.S.C. 1456, and 15 CFR part 930, subpart C. See Sec. 921.4(b). The 
results of this consistency determination will be published in the 
Federal Register when the notice of designation is published. See Sec. 
921.30(c).
    (c) NOAA will publish the notice of designation of a National 
Estuarine Research Reserve in the Federal Register. The state shall be 
responsible for having a similar notice published in the local media.
    (d) The term state control in Sec. 921.30(a)(3) does not 
necessarily require that key land and water areas be owned by the state 
in fee simple. Acquisition of less-than-fee simple interests e.g., 
conservation easements) and utilization of existing state regulatory 
measures are encouraged where the state can demonstrate that these 
interests and measures assure adequate long-term state control 
consistent with the purposes of the research reserve (see also 
Sec. Sec. 921.13(a)(7); 921.21(g)). Should the state later elect to 
purchase an interest in such lands using NOAA funds, adequate 
justification as to the need for such acquisition must be provided to 
NOAA.