[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: 15CFR923.47]

[Page 211-212]
 
                  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. 923.47  Designated State agency.

    (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 designated State agency will be 
involved in actual program implementation or enforcement. In determining 
the extent to which this agency should be involved in program 
implementation or enforcement, specific factors should be considered, 
such as the manner in which local and regional authorities are involved 
in program implementation, the administrative structure of the State, 
the authorities to be relied upon and the agencies administering such 
authorities. Because the designated State agency may be viewed as the 
best vehicle for increasing the unity and efficiency of a management 
program, the State may want to consider the following in selecting which 
agency to designate:
    (i) Whether the designated State entity has a legislative mandate to 
coordinate other State or local programs, plans and/or policies within 
the coastal zone;

[[Page 212]]

    (ii) To what extent linkages already exist between the entity, other 
agencies, and local governments;
    (iii) To what extent management or regulatory authorities affecting 
the coastal zone presently are administered by the agency; and
    (iv) Whether the agency is equipped to handle monitoring, evaluation 
and enforcement responsibilities.