[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: 15CFR923.47]



[Page 210-211]

 

                  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 211]]



    (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.