19928

private funds will be available for search in estuarine sanctuaries.

(d) Initial applications should contat the following information:

(1) Description of the proposed sanotuary include location, boundaries, dae and cost of acquisition, operation and development. A map should be included, as well as an aerial photograph, if available. (2) Classification of the proposed sanctuary sccording to the biogeograpists scheme set forth in § 921.4.

(3) Description of the major physical, geographic and biological characteristics and resources of the proposed sanctuary. (4) Idenstication of ownership pat terns: proportion of land already in the public damaba.

(3) Descripden of intended research 2386, potencia! resacral organizations or agence, and belts in the overall coastal zone mapagti ant program.

(6) Demanettion of DEL TIJ thority to acquire or control and manare tia sanctuary.

(7) Description of proposed management techniques, imebag'ing the manageMEAS STERGY, prinsipler and · proposad budget including both State and Fedzial shares.

(3) Description of existia ann po tial uses of and coullets within the if it were not declared an eiUE NE tuary; potential use, vse restrictions partiets if the sanctuary is established

sment of the environment. sio-economic impacts of declark. an estuarine sanctuary, ine scononnic impact of such a d on the surrounding commun

(10) List of protected sites, eithe within the estuarine sanctuaries progra or within other Federal, State or priva programs, which are located in the regional or biogeographic classificatio

(1) It is essential that the opportu be provided for public involvement impus in the development of the sang ary proposal and application. Where the application is controversial or whes controversial issues are addressed,

should provide adequate means

that all interested parties hav opportunity to present their views. "This may be in the form of an adequataly advertised public hearing.

(ii) During the development of estuarine sanctuary application, ail landowners within the proposed boundaries should be informed in writing of the pro posed grant application.

(111) The application should indicate anner in which the State solicited views of all interested parties prior setual submission of the appli

cation (a) in order to develop a truly representative scheme of estuarine sanctu

66

RULES AND REGULATIONS

sries, the States should sitempt to coordinate their activities. This will help to miniming the possibility of similar esturine types being proposed for designstion in the same region. The application should indicate the extent to which neighboring States were consulted.

(D) Discussion, ineinding cost feasibility, of alternative methods for acquisition, control and protection of the res to provide similar uses. Use of the Marine Banctuary authority and funds from the Land and Water Conservation Fund Act should be specifically addressed.

§ 921.12 Application for subsequent

velopment and operation grants.

Subpart C-Selection Criteria 921.20 Criteria for selecties.

Applications for grants to establish estuarine sanctuaries will be reviewed and judged on criteria including:

(a) Benent to the coastal zone management program. Applications should demonstrate the benent of the proposal to the development or operations of the overall coastal zone management program, including how well the proposal its into the national program of representative estuarine types; the national or regional benedts; and the usefulness in research.

(b) The ecological characteristics of the ecosystem, including its biological (a) Although the initial grant appli- productivity, diversity and representacation for creation of an estuarine sanctiveness. Extent of alteration of the tussy should include initial development natural system, its ability to remain and operation costs, subsequent appil- viable and healthy system in view of the cations may be submitted following sc- present and possible development of exquisition and establishment of an estua ternal stresses. Line sanctuary for additional development and operation funds. As indicated in i 231.11, these costs may include adudnistrative costs necessary to monitor sanctuary and to protect the interof the ecosystem. Extensive manageprograms, capital expenses, or research will not normally be funded by section 313 grants.

(b) After the creation of an estuaring mactuszy established under this pro

12, applications for such development and operation grants should include at mst the following information:

(1) Identification of the boundary.

Specifications of the management gram, including managing agency and schniques.

(3) Detailed budget. .

(4) Discussion of recent and projected of the sanctuary.

(5) Perceived threats to the integrity of the sanctuary.

§ 921.13 · Fedérally owned lands.

(a) Where Federally owned lands are a part of or adjacent to the area proposed for designation as an estuarine ary, or where the control of land

ater uses on such lands is necesprotect the natural system within sanctuary, the State should contact Federal agency maintaining control the land to request cooperation in providing coordinated management policies. Buch lands and State request, and the Federal agency response, should be identided and conveyed to the Omics of Coastal Zone Management.

(b) Where such proposed use or contrai of Federally owned lands would not condict with the Federal use of their lands, such cooperation and coordination is encouraged to the maximum extent feasible.

(c) Section 312 grants may not be swarded to Federal agencies for creation of estuarine sanctuaries in Federally owned lands; however, a similar status may be provided on a voluntary basis for Federally owned lands under the provisions of the Federal Committee on Ecological Preserves program.

(c) Size and choice of boundaries. To the extent feasible, estuarine sanctuaries should approximate a natural ecological unit. The minimal acceptable size will vary greatly and will depend on the nature of the ecosystem.

(d) Cost. Although the Act limits the Federal share of the cost for each sanctuary to 12.000.000, it is anticipated that in practice the average grant will be substantially less than this.

(e) Enhancement of non-competitive to existing

(1) Proximity and research facilities.

(g) Availability of suitable alternative sites already protected which might be capable of providing the same use benedt. Unnecessary duplication

isting activities under other progran should be avoided. However, estuarine sanctuaries might be established adjacent to existing preserved lands where mutual enhancement or benent of each might occur.

(h) Condict with existing or potential competing uses.

posed land and water use in contiguous (1) Compatibility with existing or pro

areas.

If the initial review demonstrates the feasibility of the application, an environmental impact statement will be prepared by the Office of Coastal Zone Management in accordance with the National Environmental Policy Act of 1969 and implementing CEQ guidelines.

§ 921.21 Public participation.

Public participation will be an essental factor in the selection of estuarine sanctuaries. In addition to the participstion during the application development process († 921.11(e)), public participation will be ensured at the Federal level by the NEPA process and by public hearings where desirable subsequent to NEPA. Such public hearings shall be held by the Omice of Coastal Zone Management in the area to be affected by the proposed sanctuary no sooner than 30 days after it issues a draft environmental impact

statement on the sanctuary proposal. It will be the responsibility of the Omce of Coastal Zone Management, with the assistance of the applicant State, to issue adequate public notice of its intention to hold a public hearing. Such public notice shall be distributed widely, especially in the area of the proposed sanctuary: affected property owners and those agencies, organizations or individuals with an identified interest in the area or estuarine sanctuary program shall be notified of the public hearing. The public notice shall contain the name, address and phone number of the appropriate Federal and State oficials to contact for additional information about the proposal.

Subpart D-Operation

§ 921.30 General.

Management of estuarine sanctuaries❤ shall be the responsibility of the applicant State or its agent. However, the research uses and management program must be in conformance with these guidelines and regulations, and others implemented by the provisions of individual grants. It is suggested that prior to the grant award, representatives of the proposed sanctuary management team and the Office of Coastal Zone Management meet to discuss management policy and standards. It is anticipated that the grant provisions will vary with individual circumstances and will be mutually agreed to by the applicant and

RULES AND REGULATIONS

the granting agency. As a minimum, the grant document for each sanctuary shall:

(a) Defne the intended research purposes of the estuarine sanctuary. (b) Define permitted, compatible, restricted and prohibited uses of the sanctuary.

(c) Include a provision for monitoring the uses of the sanctuary, to ensure compliance with the intended uses.

(d) Ensure ready access to land use of the sanctuary by scientists, students and the general public as desirable and permissible for coordinated research and education uses, as well as for other compatible purposes.

(e) Ensure public availability and reasonable distribution of research results for timely use in the development of coastal zone management programs.

(f) Provide a basis for annual review of the status of the sanctuary, its value to the coastal zone program.

(g) Specify how the integrity of the system which the sanctuary represents will be maintained.

intent to enforce management policy and (h) Provide adequate authority and

use restrictions.

§ 921.31 Changes in the sanctuar boundary, management policy research program.

. (a) The approved sanctuary boundar. les; management policy, including per missible and prohibited uses; and n

19927

search program may only be changed after public notice and the opportunity of public review and participation such as outlined in § 921.21.

(b) Individuals or organizations which are concerned about possible improper use or restriction of use of estuarine sanctuaries may petition the State management agency and the Office of Coastal Zone Management directly for review of the management program. § 921.32 Program review.

It is anticipated that reports will be required from the applicant State on a regular basis, no more frequently than annually, on the status of each estuarine sanctuary.

The estuarine sanctuary program will be regularly reviewed to ensure that the objectives of the program are being met and that the program itself is scientifically sound: The key to the success of the estuarine sanctuaries pruim is to assure that the results of the studies and research conducted in these angtuaries are available in a timely fashion so that the States can ise programs for the coastal zone. Acdevelop and administer land and water cordingly, all information and reports, including annual reports, relating to estrarins sanctuaries shall be part of the public record and available at all times for inspection by the public. [FB Dos.74-12775 Filed 5-31-74;9:57 am]

45522

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration

[15 CFR Part 921] ESTUARINE SANCTUARY GUIDELINES Policies and Procedures for Selection

Acquisition and Management AGENCY: Nations! Oceanic and Atmos pheric Administration, Department of Commerce.

ACTION: Proposed rule.

69

PROPOSED RULES

exceed 50 percent of the acquisition costs involved. Any State receiving an initial grant shall be obligated to repay it if, due to any fault of the State, the sanctuary is not established.

As a result of this new grant procedure, much more information relating to costs, values, management procedures, and research programs will be available at the time of the publication of a draft environmental impact statement. Proposals made public to date in the form of an Environmental Impact Statement (EIS) have been criticized for lack of specificity

allow the National Oceanic and Atmospheric Administration to make a preliminary acquisition grant to a State to undertake a fair market value appraisal. and to develop a uniform relocation act plan, a detailed management plan and a research framework for a proposed est arine sanctuary, developed purscant to Section 315 of the Coastr Zone'Manage» ment Act of 1972, as amended.org DATE: Comments must be réceived on or before October 1, 1977.

liminary acquisition grant to a State. the estuarine sanctuary proposal can be more fully developed and the public can become more aware of the costs and the exact nature of the long-term manage

inent.

In response to State questións about estuarine sanctuary research, the proposed regulations provide that such research can be funded if it can be shown to be related to program administration.

NOAA has reviewed these proposed regulations pursuant to the National En

Robert R. Kifer, Physical Sck stist, Policy and Programs Development Of</ ace. Once of Coastal Zone Ma" ment, 3300 Whitehaven Parkway, Page One Building, Washington, D.C. 20235 (202-634-4241).

SUPPLEMENTARY INFORMATION: On June 4, 1974. The National Oceanic and Atmospheric Administration (NOAA) published 15 CFR Part 921 entitled, "Estuarine Sanctuary Guidelines” pursuant to then section 312 of the Coastal Zone Management Act of 1972. as amended, for the purpose of establishing policy and procedures for the selection, acquisition, and management of estuarine sanctuaries.

Under new subsection 315(1) of the Act, the Secretary of Commerce is authorized to make available to coastal States grants of up to 50 per centum of the cost of acquisition, development, and operation of estuarine sanctuaries. In general, subsection 315(1) provides that grants may be awarded to States on a matching basis to acquire, develop, and operate natural areas as estuarine sanctuaries in order that scientists and students may be provided the opportunity to examine over a period of time ecological relationships within the area. The purpose of these guidelines is to implement this program.

As a result of two years of program implementation, the regulations are proposed to be modified to specifically authorize the granting of acquisition money to States in two stages:

(1) An initial grant for such prelimi.nary purposes, as surveying and asseEIZing the land to be acquired, and the development of management procedures and research programs; and

(ii) A second grant for the actual acquisition of the land. The Federal share of the sum of the two grants shall not

determined that promulgation of these ́regulations will have no significant impact on the environment.

Compliance with Executive Order 11821. The economic and indationary impact of these proposed regulations has been evaluated in accordance with OMB Circular A-107 and it has been determined that no major inflationary im pact will result.

Dated: August 26, 1977.

T. P. GLEITER, Assistant Administrator for Administration.

It is proposed to amend 15 CFR Part 921 as follows:

(1) By revising the table of contents and authority citation to read as follows: Subpart A General

Sec. 921.1

9212

921.3

921.4

921.5

931.6

921.10 921.11 921.12

Policy and objectives.
Definitions.

Objectives and implementation of
the program.

Biogeographic classification.
Multiple use.

Relationship to other provisions of
the Act and to marine sanctuaries.
Subpart B-Application for Grants
General.

Application for preliminary acquisiApplication for land acquisition tion grants.

grants. 921.13 Application for operational grants. 921.14 Federally-owned lands.

(2) By revising Subpart B-Application for Grants as follows:

Subpart B-Application for Grants § 921.10 General.

Section 315 authorizes Federal grants to coastal States so that the States may establish sanctuaries according to regulations promulgated by the Secretary. Coastal States may Ale applications for grants with the Associate Administrator for Coastal Zone Management (OCZM), Office of Coastal Zone Management. Page 1, 3300 Whitehaven Parkway NW, Washington. D.C. 20235. That agency which has been certifed to the Office of Coastal Zone Management as the entity responsible for administration of the State coastal zone management program may either submit an application directly, or must endorse and approve applications submitted by other agencies within the State.

§ 921.11 Application for preliminary acquisition grants.

(a) A grant may be awarded on a matching basis to cover costs necessary to preliminary actual acquisition of land. As match to the Federal grant, a State may use money, the cost of necessary services, the value of foregone revenue, and/or the value of land either already in its possession or acquired by the State specifically for use in the sanctuary. If the land to be used as match already is in the State's possession and is in a protected status, the State may use such land as match only to the extent of any revenue from the land foregone by the State in order to include it in the sanctuary. Application for a preliminary acquisition grant shall be made on form SP 424 application for Federal assistance (non-construction programs).

(b) A preliminary acquisition grant may be made for the defrayal of the cast of:

(1) An appraisal of the land, or of the value of any foregone use of the land, to be used in the sanctuary:

(2) The development of a Uniform Relocation Assistance and Real Property Acquisition Policies Act plan;

(3) The development of a sanctuary management plan;

(4) The development of a research and educational program; and/or,

(5) Such other activity of a preliminary nature as may be approved in writing by OCZM. Any grant made pursuant to this subsection shall be refunded by the State to whatever extent it has spent in relation to land not acquired for the sanctuary, and if OCZM requests such refund.

(c) The application should contain:

(1) Evidence that the State has conducted a scientific evaluation of its estuaries and selected one of those most representative.

(2) Description of the proposed sanctuary including location, proposed boundaries, and size. A map(s) should be included, as well as an aerial photograph if available.