[Code of Federal Regulations] [Title 15, Volume 3] [Revised as of January 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 15CFR923.1] [Page 197-199] 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 A_General Sec. 923.1 Purpose and scope. Subpart A_General Sec. 923.1 Purpose and scope. 923.2 Definitions. 923.3 General requirements. Subpart B_Uses Subject to Management 923.10 General. 923.11 Uses subject to management. 923.12 Uses of regional benefit. 923.13 Energy facility planning process. Subpart C_Special Management Areas 923.20 General. 923.21 Areas of particular concern. 923.22 Areas for preservation or restoration. 923.23 Other areas of particular concern. 923.24 Shorefront access and protection planning. 923.25 Shoreline erosion/mitigation planning. Subpart D_Boundaries 923.30 General. 923.31 Inland boundary. 923.32 Lakeward or seaward boundary. 923.33 Excluded lands. 923.34 Interstate boundary. Subpart E_Authorities and Organization 923.40 General. 923.41 Identification of authorities. 923.42 State establishment of criteria and standards for local implementation--Technique A. 923.43 Direct State land and water use planning and regulation-- Technique B. 923.44 State review on a case-by-case basis of actions affecting land and water uses subject to the management program--Technique C. 923.45 Air and water pollution control requirements. 923.46 Organizational structure. 923.47 Designated State agency. 923.48 Documentation. Subpart F_Coordination, Public Involvement and National Interest 923.50 General. 923.51 Federal-State consultation. 923.52 Consideration of the national interest in facilities. 923.53 Federal consistency procedures. 923.54 Mediation. 923.55 Full participation by State and local governments, interested parties, and the general public. 923.56 Plan coordination. 923.57 Continuing consultation. 923.58 Public hearings. [[Page 198]] Subpart G_Review/Approval Procedures 923.60 Review/approval procedures. Subpart H_Amendments to and Termination of Approved Management Programs 923.80 General. 923.81 Requests for amendments. 923.82 Amendment review/approval procedures. 923.83 Mediation of amendments. 923.84 Routine program changes. Subpart I_Applications for Program Development of Implementation Grants 923.90 General. 923.91 State responsibility. 923.92 Allocation. 923.93 Eligible implementation costs. 923.94 Application for program development or implementation grants. 923.95 Approval of applications. 923.96 Grant amendments. Subpart J_Allocation of Section 306 Program Administration Grants 923.110 Allocation formula. Subpart K_Coastal Zone Enhancement Grants Program 923.121 General. 923.122 Objectives. 923.123 Definitions. 923.124 Allocation of section 309 funds. 923.125 Criteria for section 309 project selection. 923.126 Pre-application procedures. 923.127 Formal application for financial assistance and application review and approval procedures. 923.128 Revisions to assessments and strategies. Subpart L_Review of Performance 923.131 General. 923.132 Definitions. 923.133 Procedure for conducting continuing reviews of approved State CZM programs. 923.134 Public participation. 923.135 Enforcement. Authority: 16 U.S.C. 1451 et seq.; 31 U.S.C. 6506; 42 U.S.C. 3334; Sections 923.92 and 923.94 are also issued under E.O. 12372, July 14, 1982, 3 CFR 1982 Comp. p. 197, as amended by E.O. 12416, April 8, 1983, 3 CFR 1983 Comp. p. 186. Source: 44 FR 18595, Mar. 28, 1979, unless otherwise noted. Source: 61 FR 33805, June 28, 1996, unless otherwise noted. (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 [[Page 199]] 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 general public, special interest groups, local governments, and regional, State, interstate, and Federal agencies; (7) Provides for public participation in permitting processes, consistency determinations, and other similar decisions; (8) Provides a mechanism to ensure that all state agencies will adhere to the program; and (9) Contains enforceable policies and mechanisms to implement the applicable requirements of the Coastal Nonpoint Pollution Control Program of the state required by section 6217 of the Coastal Zone Act Reauthorization Amendments of 1990.