[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: 15CFR923.92]



[Page 220]

 

                  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 I_Applications for Program Development or Implementation Grants

 

Sec. 923.92  Allocation.



    (a) Subsections 303(4), 306(d)(3)(B) and 306(d)(10) of the Act 

foster intergovernmental cooperation in that a state, in accordance with 

its coastal zone management program, may allocate some of its coastal 

zone management responsibilities to several agencies, including local 

governments, areawide agencies, regional agencies and interstate 

agencies. Such allocations provide for continuing consultation and more 

effective participation and cooperation among state and local 

governments, interstate, regional and areawide agencies.

    (b) A State may allocate a portion or portions of its grant to other 

State agencies, local governments, areawide or regional agencies, 

interstate entities, or Indian tribes, if the work to result from such 

allocation(s) will contribute to the effective development or 

implementation of the State's management program.

    (1) Local governments. Should a State desire to allocate a portion 

of its grant to a local government, units of general-purpose local 

government are preferred over special-purpose units of local government. 

Where a State will be relying on direct State controls as provided for 

in subsection 306(d)(11)(B) of the Act, pass-throughs to local 

governments for local planning, regulatory or administrative efforts 

under a section 306 grant cannot be made, unless they are subject to 

adequate State overview and are part of the approved management program. 

Where the approved management program provides for other specified local 

activities or one-time projects, again subject to adequate State 

overview, then a portion of administrative grant funds may be allocated 

to local governments.

    (2) Indian Tribes. Tribal participation in coastal management 

efforts may be supported and encouraged through a State's program. 

Individual tribes or groups of tribes may be considered regional 

agencies and may be allocated a portion of a State's grant for the 

development of independent tribal coastal management programs or the 

implementation of specific management projects provided that:

    (i) The State certifies that such tribal programs or projects are 

compatible with its approved coastal management policies; and

    (ii) On excluded tribal lands, the State demonstrates that the 

tribal program or project would or could directly affect the State's 

coastal zone.



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