[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: 15CFR923.40]



[Page 205-206]

 

                  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 206]]



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.