the case of a program submitted for preliminary approval. (b) Comment. Statutory citation: Section 306 (c) (4): Prior to granting approval of a management program submitted by a coastal State, the Secretary shall find that the management program and any changes thereto have been reviewed and approved by the Governor. This requirement is self-explanatory. § 923.43 Segmentation. (a) Requirement. If the State intends to develop and adopt its management program in two or more segments, it shall advise the Secretary as early as practicable stating the reasons why segmentation is appropriate and requesting his approval. Each segment of a management program developed by segments must show evidence (1) that the State will exercise policy control over each of the segmented management programs prior to, and following their integration into a complete State management program, such evidence to include completion of the requirements of § 923.11 (Boundaries of the coastal zone) and 923.15 (National interest in the siting of facilities) for the State's entire coastal zone, (2) that the segment submitted for approval includes a geographic area on both sides of the coastal land-water interface, and (3) that a timetable and budget have been established for the timely completion of the remaining segments or segment. (b) Comment. Statutory citation: Section 306(h): At the discretion of the State and with the approval of the Secretary, a management program may be developed and adopted in segments so that immediate attention may be devoted to those areas within the coastal zone which most urgently need management programs: Provided, That, the State adequately provides for the ultimate coordination of the various segments of the management program into a single, unified program, and that the unified program will be completed as soon as reasonably practicable. (1) This section of the Act reflects a recognition that it may be desirable for a State to develop and adopt its management program in segments rather than all at once because of a relatively long coastline, developmental pressures or public support in specific areas, or earlier regional management programs developed and adopted. It is important to note, however, that the ultimate objective of segmentation is completion of a management program for the coastal zone of the entire State in a timely fashion. Segmentation is at the State's option, but requires the approval of the Secretary. States should notify the Secretary at as early a date as possible regarding intention to prepare a management program in segments. (2) Continuing involvement at the State as well as local level in the development and implementation of segmented programs is essential. This emphasis on State participation and coordination with the program as a whole should be reflected in the individual seg RULES AND REGULATIONS ments of a management program. Re- (3) The Act's intent of encouraging (4) One of the distinguishing features (5) Segmented management programs submitted for approval will be reviewed and approved in exactly the same manner as programs for complete coastal zones, utilizing the same approval criteria, plus those of this section. § 923.44 Applicability of air and water pollution control requirements. (a) Requirement. In order to fulfi the requirements contained in Section 307(f) of the Act the management program must be developed in close coordination with the planning and regulatory systems being implemented under the Federal Water Pollution Control Act and Clean Air Act, as amended, and be consistent with applicable State or Federal water and air pollution control standards in the coastal zone. Documentation by the official or officials responsible for State implementation of air and water pollution control activities that those requirements have been incorporated into the body of the coastal zone management program should accompany submission of the management program. (b) Comment: Section 307(f): Statutory citation: Notwithstanding any other provision of this title, nothing in this title shall in any way affect any requirement (1) established by the Federal Water Pollution Control Act, as amended, or the Clean Air Act, as amended, or (2) established by the Federal government, or any State or local government pursuant to such Acts. Such requirements shall be incorporated in any program developed pursuant to this title, and shall be the water pollution control requirements and air pollution control requirements applicable to such program. (1) The basic purpose of this requirement is to ensure that the management program does not conflict with the national and State policies, plans and regulations mandated by the Federal Water Pollution Control Act, as amended, and the Clean Air Act as amended. The policies and standards adopted pursuant to these Acts should be considered essential baselines against which the overall management program is developed. This is a specific statutory requirement that reflects the overall coastal zone management objective of unified state management of environmental laws, regulations and applicable standards. To this end, management programs should provide for continuing coordination and cooperation with air and water programs during subsequent administration of the approved management program. (2) There are also significant opportunities for developing working relationships between air and water quality agencies and coastal zone management programs. These opportunities include such activities as joint development of Section 208 areawide waste treatment management planning and coastal zone management programs; consolidation and/or incorporation of various planning and regulatory elements into these closely related programs; coordination of monitoring and evaluation activities; increased management attention being accorded specifically to the coastal waters; consultation concerning the desirability of adjusting state water quality standards and criteria to complement coastal zone management policies; and designation of areas of particular concern or priority uses. FEDERAL REGISTER, VOL 40, NO. 6-THURSDAY, JANUARY 9, 1975 Subpart F-Applications for Administrative § 923.53 Allocation. § 923.50 Grants General. The primary purpose of administrative grants made under section 306 of the Act is to assist the States to implement coastal zone management programs following their approval by the Secretary of Commerce. The purpose of these guide lines is to define clearly the processes by which grantees apply for and administer grants under the Act. These guidelines shall be used and interpreted in conjunction with the Grants Management Manual for Grants under the Coastal Zone Management Act, hereinafter referred to as the "Manual." This Manual contains procedures and guidelines for the administration of all grants covered under the Coastal Zone Management Act of 1972. It has been designed as a tool for grantees, although it addresses the responsibilities of the National Oceanic and Atmospheric Administration and its Office of Coastal Zone Management, which is responsible for administering programs under the Act. The Manual incorporates a wide range of Federal requirements, including those established by the Office of Management and Budget, the General Services Administration, the Department of the Treasury, the General Accounting Office and the Department of Commerce. In addition to specific policy requirements of these agencies, the Manual includes recommended policies and procedures for grantees to use in submitting a grant application. Inclusion of recommended policies and procedures for grantees does not limit the choice of grantees in selecting those most useful and applicable to local requirements and conditions. § 923.51 Administration of the pro gram. The Congress assigned the responsibility for the administration of the Coastal Zone Management Act of 1972 to the Secretary of Commerce, who has designated the National Oceanic and Atmospheric Administration (NOAA) as the agency in the Department of Commerce to manage the program. NOAA has established the Office of Coastal Zone Management for this purpose. Requests for information on grant applications and the applications themselves should be directed to: Section 306(1) allows a State to allocate a portion of its administrative grant to sub-State or multi-State entities if the work to result from the allocation contributes to the effective implementation of the State's approved coastal zone management program. The requirements for identifying such allocations are set forth in § 923.55(e). § 923.54 Geographical segmentation. Authority is provided in the Act for a State's management program to be developed and adopted in segments. Additional criteria for the approval of a segmented management program are set forth in Subpart E § 923.43. Application procedures for an administrative grant to assist in administering an approved segmented management program will be the same as set forth in this subpart for applications to administer an approved management program for the entire coastal zone of a State. § 923.55 Application for the initial administrative grant. (a) The Form CD-288, Preapplication for Federal Assistance, required only for the initial grant, must be submitted 120 days prior to the beginning date of the requested grant. The preapplication shall include documentation, signed by the Governor, designating the State office, agency or entity to apply for and administer the grant. Copies of the approved management program are not required. The preapplication form may be submitted prior to the Secretary's approval of the applicant's management program provided, after consultation with OCZM, approval is anticipated within 60 days of submittal of the preapplication. (b) All applications are subject to the provisions of OMB Circular A-95 (revised). The Form CD-288, Preapplication for Federal Assistance, will be transmitted to the appropriate clearinghouses at the time it is submitted to the Office of Coastal Zone Management (OCZM). If the application is determined to be Statewide or broader in nature, a statement to that effect shall be attached to the Preapplication form submitted to OCZM. Such a determination does not preclude the State clearinghouse from involving areawide Director. Office of Coastal Zone Management clearinghouses in the review. In any (OCZM) National Oceanic and Atmospheric Administration, US. Department of Commerce § 923.52 State responsibility. (a) The application shall contain a designation by the Governor of a coastal State of a single agency to receive and have fiscal and programmatic responsibility for administering grants to implement the approved management pro event, whether the application is con- taneously with the distribution of the preapplication form. (c) Costs claimed as charges to the grant project must be beneficial and necessary to the objectives of the grant project. The allowability of costs will be determined in accordance with the provisions of FMC 74–4. Administrative grants made under section 306(a) of the Act are clearly intended to assist the States in administering their approved management programs. Such intent precludes tasks and related costs for long range research and studies. Nevertheless it is recognized that the coastal zone and its management is a dynamic and evolving process wherein experience may reveal the need for specially focused, short-term studies, leading to improved management processes and techniques. The OCZM will consider such tasks and their costs, based upon demonstrated need and expected contribution to more effective management programs. (d) The Form CD-292, Application for Federal Assistance (Non-Construction Programs), constitutes the formal application and must be submitted 60 days prior to the desired grant beginning date. The application must be accompanied by evidence of compliance with A-95 requirements including the resolution of any problems raised by the proposed project. The OCZM will not accept applications substantially deficient in adherence to A--95 requirements. (e) The State's work program implementing the approved management program is to be set forth in Part IV, Program Narrative, of the Form CD-292 and must describe the work to be accomplished during the grant period. The work program should include: (1) An identification of those elements of the approved management program that are to be supported all or in part by the grant and the matching share, hereinafter called the grant project. In any event, activities related to the establishment and Implementation of State responsibilities pursuant to Section 307 (c) (3) and Section 307(d) of the Act, are to be included in the grant project. (2) A precise statement of the major tasks required to implement each element. (3) For each task, the following should be specified: (1) A concise statement of how each task will accomplish all or part of the program element to which it is related. Identify any other State, areawide, regional or interstate agencies or local governments that will be allocated respon sibility for carrying out all or portions of the task. Indicate the estimated cost of the subcontract/grant for each allocation. (11) For each task indicate the esti mated total cost. Also indicate the estimated total man-months, if any, allocated to the task from the applicant's in-house staff. (lii) For each task, list the estimated cost using the object class categories 6.a. through k., Part III, Section B-Budget Categories of Form CD-292. FEDERAL REGISTER, VOL. 40, NO. 6-THURSDAY, JANUARY 9, 1975 (4) The sum of all the task costs in sub-paragraph (3) of this paragraph should equal the total estimated grans project costs. (5) Using two categories, Professional and Clerical, indicate the total number of personnel in each category on the applicant's in-house staff, that will be assigned to the grant project. Additionally indicate the number assigned full time and the number assigned less than full time in the two categories. (6) An identification of those management program elements, if any, that will not be supported by the grant project, and how they will be implemented. § 923.56 Approval of applications. (a) The application for an adminis trative grant of any coastal State with a management program approved by the Secretary of Commerce, which complies with the policies and requirements of the Act and these guidelines, shall be approved by OCZM, assuming available funding. (b) Should an application be found deficient, OCZM will notify the applicant in writing, setting forth in detail the manner in which the application fails to conform to the requirements of the Act or this subpart. Conferences may be held on these matters. Corrections or adjustments to the application will provide the basis for resubmittal of the application for further consideration and review. (c) OCZM may, upon finding of extenuating circumstar.ces relating to applications for assistance, waive appropriate administrative requirements contained herein. § 923.57 Amendments. Amendments to an approved application must be submitted to, and approved by, the Secretary prior to initiation of the change contemplated. Requests for substantial changes should be discussed with OCZM well in advance. It is recognized that, while all amendments must be approved by OCZM, most such requests will be relatively minor in scope; therefore, approval may be presumed for minor amendments if the State has not been notified of objections within 30 working days of date of postmark of the request. § 923.58 Applications for second and subsequent year grants. (a) Second and subsequent year applications will follow the procedures set forth in this subpart, with the following exceptions: (1) The preapplication form may be used at the option of the applicant. If used, the procedures set forth in § 923.55 (b) will be followed and the preapplication is to be submitted 120 days prior to the beginning date of the requested grant. If the preapplication form is not used, the A-95 project notification and review procedures established by State and area wide clearinghouses should be followed. (2) The application must contain a statement by the Governor of the coastal State or his designee that the management program as approved earlier by the Secretary of Commeros, with any approved amendments, is operative and has not been materially altered. This statement will provide the basis for an annual OCM certification that the approved management program remains in effect, thus fulfilling, in part, the requirements of section 309 (a) for a continuing review of management programs. (3) The Governor's document designating the applicant agency is not required, unless there has been a change of designation. (4) Copies of the approved management program or approved amendments thereto are not required. [FB Doo.75-788 Filed 1-8-76;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 6—THURSDAY, JANUARY 9, 1975 Title 15-Commerce and Foreign Trade CHAPTER IX-NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE PART 925-STATE COASTAL ZONE Interim Regulations The Coastal Zone Management Act of 1972 requires, as a condition of the approval of a state's coastal zone management program by the Secretary of Commerce (by delegation, the Administrator, National Oceanic and Atmospheric Administration, U.S. Department of Commerce) that, in the development of a state program, there has been "the opportunity of full participation by relevant Federal agencies ⚫ ." (section 306 (c) (1); and that the "views of Federal agencies principally affected by such program have been adequately considered" (section 307(b)). The Act further provides that, in the case of a "serious disagreement between any Federal agency and the state in the development of the program the Secretary, in cooperation with the Executive Office of the President, shall seek to mediate the differences" (section 307 (b)). There are published herewith interim regulations for the implementation of the cited provisions of the Act. Comment on these regulations is invited through March 31, 1975. Comment should be addressed to the Administrator, National Oceanic and At § 925.2 Definitions. In these regulations: (a) "Act" means the Coastal Zone Management Act of 1972, as amended (86 Stat. 1280, 88 Stat. 1974 (1975)). (b) "Administrator" means the Administrator, National Oceanic and Atmospheric Administration, U.S. Department of Commerce, Washington, D.C. 20230; (c) "OMB" means the Office of Management and Budget within the Executive Office of the President; (d) "OCZM" means the Office of Coastal Zone Management, National Oceanic and Atmospheric Administration; (e) "relevant Federal agency" means a Federal agency, the interests of which (1) are "relevant" to a state coastal zone management program within the meaning of Section 306(c) (1) of the Act; and/or (2) are, or could be, "principally affected by" the implementation of a state coastal zone management program within the meaning of section 307(b) of the Act. (f) "state agency" means a unit, or units, of a state government, or of more than one state governments, responsible for the development of a coastal zone management program; and (g) "state program" means a state coastal zone management program mospheric Administration, U.S. Depart- adopted by a coastal state in accordance ment of Commerce, Washington, D.C. 20230. Following the close of the comment period, and after review of comments submitted, the Administrator may amend these regulations so as to reflect such comments. The Administrator shall then publish final regulations in the FEDERAL REGISTER. Pending the issuance of final regulations, these interim regulations are effective. Over eighty percent of the states eligible for state program development grants have received them. Coordination between federal and state agencies in the development of a state program is an essential part of the development process. Therefore, it is desirable to provide the guidance set forth herein as rapidly as possible. These considerations constitute "good cause," within the meaning of that phrase in 5 U.S.C. 553 (d) (3), for making these interim regulations effective pending the issuance of final regulations. 925.1 Authority. 925.2 925.3 925.4 925.5 Washington Level Coordination of a State Program. 925.6 Mediation of Federal-State Disputes. with the provisions of the Act and setting forth objectives, policies and standards to guide public and private uses of lands and waters in the coastal zone. § 925.3 Relevant Federal agencies. (a) The Federal agencies which are relevant to a given state program may vary from state program to state program. However, the Administrator has determined that the Federal agencies listed below are relevant to each state program. Department of Agriculture. Department of Health, Education and Welfare. Department of Housing and Urban Develop ment. Department of Interior. Department of Justice. Department of Transportation. Environmental Protection Agency. Energy Research and Development Administration. Nuclear Regulatory Commission. General Services Administration. The Administrator shall determine, for each state program, any relevant Federal FEDERAL REGISTER, VOL. 40, NO. 41—FRIDAY, FEBRUARY 28, 1975 |