19928 private funds will be available for research in estuarine sanctuaries. (d) Initial applications should the following information: (1) Description of the proposed sary incinde location, boundaries, and cost of acquisition, operation and development. A map should be included, 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 biologicsi characteristics and resources of the proposed sanctuary. (4) Identication of ownership pat terns: proportion of land already in the public domati. (3) Descripcion of intended research 1386, potential research organizations or agencies and beats is the overall coastal zone manages and program. (6) Demanet Lion of DELHIY thority to acquire or costtrai and the sanctuary. (?) Description of proposed management techniques, inniar'ing the manageMEAS &MERCY, prinsipler and proposed budget including both State and, Fedesal shares. Description of existing any potr tisi uses of 2nd conflicts within the if it were not declared an EE DE tuary; potential use, vise restrictions onflicts if the sanctuary is establisi Assessment of the environment. economic impacts of decları.. stuarine sanctuary, 'meind. impact of such a desig (9) the surrounding bases. sscription of planned or sub pated land and water use and controls for contiguous lands surrounding the proposed sanctuary (including if appropriste an analysis of the desirability of creating a marine sanctuary in adjacent sreas). (10) List of protected sites, either within the estuarine sanctuaries progra or within other Federal, State or privats programs, which are located in the regionsi or biogeographic classification (1). It is essential that the opportu be provided for public involvement impus in the development of the same ary proposal and application. Where application is controversial or where controversial issues are addressed, the State should provide adequate means to ensure that all interested parties have the opportunity to present their views. This may be in the form of an adequataly advertised public hearing. (11) During the development of estuarine sanctuary application, ail landowners within the proposed boundaries should be informed in writing of the proposed grant application. (119) The application should indicate inner in which the State solicitad views of all interested pardes prior actual submission of the appil (a) in order to develop a truly representative scheme of estuarine sanctu RULES AND REGULATIONS aries, the States should sttempt to coor- (D) Discussion, ineinding cost § 921.12 Application for subsequent velopment and operation grants. (a) Although the initial grant appli- (b) After the creation of an estuarine (1) Identidestion of the boundary. (3) Detailed budget. . (4) Discussion of recent and projected use of the sanctuary. (5) Perceived threats to the integrity of the sanctuary. 921.13 Federally owned lands. (a) Where Federally owned lands are a part of or adjacent to the area pro posed for designation as an estuarine nctuary, or where the control of land ster 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 proBuch lands and State request, and the viding coordinated management policies. Federal agency response, should be identied and conveyed to the Omics of Coastal Zone Management. (b) Where such proposed use or control of Federally owned lands would not lands, such cooperation and coordination conflict with the Federal use of their 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. Subpart C-Selection Criteria 1921.20 Criteria for selection. Applications for grants to establish estuarine sanctuaries will be reviewed and judged on criteria including: (a) Benedt to the coastal zone management program. Applications should demonstrate the beneft of the proposal to the development or operations of the overall coastal zone management proits into the national program of repregram, including how well the proposal sentative estuarine types; the national or regional benedts; and the usefulness in research. (b) The ecological characteristics of the ecosystem, including its biological productivity, diversity and representanatural system, its ability to remain tiveness. Extent of alteration of the viable and healthy system in view of the present and possible development of external stresses. (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 sanetuary to 12,000,000, it is anticipated that in practice the average grant will be substantially less than this. (e) Enhancement of non-competitive (1) Proximity and acea research facilities. existing sites already protected which mighí competing uses. posed land and water use in contiguous areas. If the initial review demonstrates the feasibility of the application, an environmental impact statement will be preagement in accordance with the National pared by the Office of Coastal Zone ManEnvironmental Policy Act of 1969 and implementing CEQ guidelines. § 921.21 Public participation. Public participation will be an essensanctuaries. In addition to the participatial factor in the selection of estuarine tion during the application development process († 921.11(e)), public participation will be ensured at the Federal level by the NEPA process and by public bearings 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 FEDERAL REGISTER, VOL. 39, NO. 108TUESDAY, JUNE 4, 1974 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 Omce 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 (a) Defne the intended research pur- (c) Include a provision for monitoring (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. 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 it«‹self is scientiacally sound: The key to the success of the estuarine sanctuaries prosim is to assure that the results of the studies and research conducted in these anctuaries are available in a tras timely. fashion so that the States can intent to enforce management policy aplise programs for the coastal zone. Ac(h) Provide adequate authority and develop and administer land and water (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. use restrictions. § 921.31 Changes in the sanctuar (a) The approved sanctuary boundar. . cordingly. PEDERAL REGISTER, VOL. 39, NO. 108 TUESDAY, JUNE 4, 1974 ACTION: Proposed rule. SUMMARY: This proposed rule will allow the National Oceanic and Atmospheric Administration to make a pre liminary 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 pursuant to Section 315 of the Coastal Zone Manag ment Act of 1972, as ainended. DATE: Comments must be received on or before October 1, 1977. FOR FURTHER INFORMATION CON- Robert R. Kifer, Physical 3ck itis: 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 assessing 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 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 vironmental impact statement. Proposals made public to date in the form of Environmental Impact Statement (ETS) have been criticized for lack of specificity in these areas. By making a small preliminary 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 manageinent. 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 fle 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 certined 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. estuarine sanctuary research, the pro- NOAA has reviewed these proposed regulations pursuant to the National Environmental Policy Act of 1969 and has determined that promulgation of these regulations will have no significant impact on the environment. Compliance with Executive Order 11821. The economic and inflationary impact of these proposed regulations has been evaluated in accordance with OMB Circular A-107 and it has been determined that no major inflationary impact 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 (a) A grant may be awarded on 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 estu aries and selected one of those most rep resentative. FEDERAL REGISTER, VOL 42, NO. 175FRIDAY, SEPTEMBER 9, 1977 |