[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: 15CFR923.40]

[Page 206-207]
 
                  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 E_Authorities and Organization
 
Sec. 923.40  General.

    Source: 61 FR 33809, June 28, 1996, unless otherwise noted.


    (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

[[Page 207]]

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 Sec. 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 Sec. Sec. 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.
    (d) The authorities requirements of the Act dealt with in this 
subpart are those contained in subsections 306(d)(2)(D)--Means of 
Control; 306(d)(10)-Authorities; 306(d)(10)(A)-Control Development and 
Resolve Conflicts; 306(d)(10)(B)-Powers of Acquisition; 306(d)(11)--
Techniques of Control; and 307(f)--Air and Water Quality Control 
Requirements. The organization requirements of the Act dealt with in 
this subpart are those contained in sections 306(d)(2)(F)--
Organizational Structure; 306(d)(6)--Designated State Agency; and 
306(d)(7)--Organization.