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REVOLUTION

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SECTION 306

ALLOCATION FORMULA,

COASTAL ZONE

MANAGEMENT PROGRAM

Title 15-Commerce and Foreign Trade
CHAPTER IX-NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION, DE-
PARTMENT OF COMMERCE

PART 927-COASTAL ZONE MANAGE-
MENT PROGRAM, ADMINISTRATIVE
GRANTS, ALLOCATION OF SECTION 306
FUNDS TO STATES

Interim Regulations

Notice is hereby given of the establishment of interim regulations regarding allocation of coastal zone management program administrative grants to State governments pursuant to section 306(a) of the Coastal Zone Management Act of 1972 (Pub. L. 92-583; 86 Stat. 1280).

Under section 306 of the Act, the Secretary of Commerce is authorized to make annual grants to any coastal State for the purpose of administering the State's coastal zone management program if he approves such program in accordance with section 306 of the Act. Such grants shall not exceed 66% percent of the costs of administering the program in any one year. Federal funds received from other sources shall not be used to pay the State's share of costs. No annual administrative grants made under section 306 shall exceed $2,000,000 for fiscal year 1975, $2,500,000 for fiscal year 1976, or $3,000,000 for fiscal year 1977. In addition, no such grant may be awarded for less than one percent of the amount so appropriated, except upon a request of a waiver of such provision by a coastal State.

Section 306(b) states in part:

Such grants shall be allocated to the States with approved programs based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area of the plan, population of the area and other relevant factors...

The interim regulations set forth below establish the procedure for allocating funds under section 306 to the coastal States and are intended to fulfill the above requirements of section 306(b). Such interim regulations are intended for allocation of funds made available for grants under section 306 in Fiscal

FEDERAL REGISTER, VOL. 40, NO. 104—THURSDAY, MAY 29, 1975

Year 1975 only. Allocation to States of such grant funds in subsequent fiscal years may reflect changes in these regulations; such changes, if made, will be duly published.

Comments upon these regulations are invited through June 30, 1975. Comments should be addressed to the Administrator, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Washington, D.C. 20230. Following the close of this 30 day period any comments received will be reviewed. In the discretion of the Administrator, these interim regulations will be amended so as to reflect any such comments. The Administrator shall then publish final regulations in the FEDERAL REGISTER. As authorized by USC section 553 (d) (3), these interim regulations are effective in order to allocate such funds to the States until final regulations become effective.

Part 927 is added as set forth below:

Sec.

927.1

927.2

927.3

Purpose of rules and regulations.
Basis of allocation.

Allocation of non-distributed funds. 927.4 Duration of allocation.

AUTHORITY: Pub. L. 92-583; 86 Stat. 1280. § 927.1 Purpose of rules and regulations. Twelve million dollars has been appropriated by the Congress for Fiscal Year 1975 to implement the Coastal Zone Management Act of 1972 (Pub. L. 92-583; 86 Stat. 1280). Of this amount, $2.1 million has been made available for coastal zone management program administrative grants-in-aid to those coastal States and territories which have had coastal zone management programs approved by the Secretary of Commerce, pursuant to section 306(b) of the Act. It is the purpose of this part to establish the rules and regulations for allocation of grant

in-aid funds under section 306 of the Coastal Zone Management Act of 1972 pursuant to the requirements of section 306(b) which states:

Such grants shall be allocated to the states with approved program based on rules and regulations promulgated by the Secretary which shall take into account the extent and nature of the shoreline and area covered by the plan, population of the area, and other relevant factors: PROVIDED, That no annual grant made under this section shall be in excess of $2,000,000 for Fiscal Year 1975, in excess of $2,500,000 for Fiscal Year 1976, nor in excess of $3,000,000 for Fiscal Year 1977: Provided further, That no annual grant made under this section shall be less than 1 per centum of the total amount appropriated to carry out the purposes of this section: And provided further, That the Secretary shall waive the application of the 1 per centum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver. § 972.2 Basis of allocation.

Coastal zone management program administrative grants under Section 306 may be awarded only to States whose

coastal zone management programs have been approved by the Secretary of Commerce, pursuant to requirements and standards set forth in various sections of the Act and subsequent administrative rules and regulations (see 15 CFR Part 923). To date, no coastal State has received such approval. NOAA's Office of Coastal Zone Management (OCZM), which has responsibility for administering the Act, has determined that limited number of States are in a position to request such approval for all or a segment of their coastal zone, and further that, of this number, a maximum of two programs can be processed and approved in Fiscal Year 1975. Thus, with the prospect of approving only two, one, or no such management programs in Fiscal Year 1975, there does not appear to be a reasonable rationale for developing a formula allocation of section 306 administrative grant funds to all coastal States, to all States likely to apply for approval, or to those States actually applying. Therefore, for Fiscal Year 1975 only, OCZM will review applications from States with approved programs or which are deemed likely to receive such approval within that fiscal year, and will award administrative grants to States actually receiving approval in the fiscal year in amounts which take into account and bear reasonable relationship to the extent and nature of the shoreline and area covered by the plan, population of the area, and other relevant factors. § 927.3 Allocation of non-distributed

funds.

Funds appropriated in order to make coastal zone management program administrative grants under section 306 remain available until expended, pursuant to section 315(a) (2) of the Act. Such funds not obligated during Fiscal Year

1975 will be carried over into Fiscal Year 1976 and added to such funds appropriated for that year.

§ 927.4 Duration of allocation.

The allocations as contained herein are published for the distribution of coastal zone management program administrative grants during Fiscal Year 1975, which is the first year for which these funds are available. Assessments regarding the relative needs of States for such grants may lead to alterations in the method of allocation for fiscal years subsequent to Fiscal Year 1975. Such revisions will be duly published.

ROBERT L. CARNAHAN, Deputy Assistant Administrator for Administration.

[FR Doc.75-14056 Filed 5-28-75;8:45 am)

FEDERAL REGISTER, VOL. 40, NO. 104 THURSDAY, MAY 29, 1975

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