agency in addition to those listed above. He shall provide each state agency with the name, street address and telephone number of the appropriate office of each Federal agency listed above, and of each Federal agency which additionally he determines to be relevant. (b) Early in the development of its state program, each state agency should contact the office of each relevant Federal agency, listed or determined pursuant to paragraph (a) of this section, for the purpose of arranging for the participation of that Federal agency in the development of the state program. Such Federal agency shall advise the state agency as to procedures to be followed in dealing with the Federal agency in relation to the development of the state program; and the state agency shall comply with these procedures. If any state agency has any question with regard to (1) any aspect of its work with a given Federal agency in the development of its state program, or (2) with regard to the appropriate office of a Federal agency with which it should work, such agency should call or write the Administrator for his advice (ATTN: OCZM). § 925.4 Federal-State cooperation. A state agency and a relevant Federal agency shall establish, and shall maintain throughout the development of the state program, such relationships and communications with one another as will enable each to be fully informed of the other's views in relation to the program as it is developed. A state program is in the development stage until it has been approved. In order to be considered by the Administrator, a state program must contain a list of the Federal agencies with which the state agency has worked in developing the state program, including the names of the principal contacts in each Federal agency, and an entry in regard to each such agency as to its principal views. § 925.5 Review and approval of a State program. (a) The state agency shall submit the state program to the Administrator. The Administrator shall review the program for compliance with the criteria prescribed in section 306 of the Act and the implementing regulations (15 CFR Part 923). If the Administrator deter mines that the program appears to comply with these criteria, he shall prepare a draft environmental impact statement. He shall send a copy of such statement and a copy of the state program concurrently to, among other persons or entities, each relevant Federal agency for that agency's review and comment. (b) Each receiving Federal agency, or other person or entity, shall provide its comments, if any, on the state program and/or on the draft environmental impact statement to the Administrator within 45 days of the date upon which each of these documents was received by such agency, or other person or entity. (c) Paragraphs (a) and (b) of this section shall apply to the initial submis sion to the Administrator of a state program by a state agency, whether such submission is for preliminary or final approval (as authorized by 15 CFR 923.3 (a) and (b)). If the initial submission by the state agency was for preliminary approval, then, upon receipt of a state program submitted for final approval, the Administrator shall review any new material in such program for compliance with the criteria prescribed in section 306 of the Act and the implementing regulations. If the Administrator determines that such program appears to comply with these criteria, he shall send a copy of any new material in such program to each Federal agency which received a copy of the state program as submitted for preliminary approval for that agency's review and comment. If, in the Administrator's view, a state program submitted for final approval contains substantial changes from the program as initially submitted for preliminary approval, or contains significant new information, the Administrator shall amend or supplement the draft or final environmental impact statement, as the case may be, pertaining to the state program so as to reflect such changes or new information. He shall consult with the Council on Environmental Quality with respect to the possible need or desirability of recirculating the statement for the appropriate period. Concurrently with his sending any new material to Federal agencies as required above, the Administrator shall send such amended or supplemented environmental impact statement to, among other persons or entities, each such Federal agency. Each receiving Federal agency shall provide its comments, if any, on the new material within 30 days of its re ceipt of that material. Each receiving Federal agency, or other person or entity, shall provide its comments, if any, on the amended or supplemented environmental impact statement within the number of days prescribed for such comment by the Administrator. The Administrator's instructions in this regard shall reflect his consultation with the Council on Environmental Quality as required above. (d) After receiving and considering comments on the draft environmental impact statement pertaining to a state program, the Administrator shall prement pertaining to that program, and pare a final environmental impact stateshall send a copy of such statement to each relevant Federal agency, and other person or entity, which received a copy of the draft statement for review and comment. Each receiving agency, person or entity shall provide its comments, if any, on the final environmental impact statement within 30 days from the date of its receipt of that statement. (e) After receiving and considering comments on both the state program and the final environmental impact statement pertaining to that program, the Administrator shall approve or disapprove the state program. He shall pub lish his decision in this regard in the FEDERAL REGISTER. (f) This section shall apply to any submission by a state agency which seeks approval of a modification of a state program which already has been approved by the Administrator. § 925.6 Mediation of Federal-State dis putes. them. (a) It is important that, in the development of a state program, the state and Federal agencies involved seek early identification of any point of relatively serious disagreement between Whenever such a disagreement is identified, the Federal and state agencies shall inform OCZM in writing, stating the point(s) of disagreement and the reason(s) therefore. Upon being so informed, OCZM shall endeavor, by appropriate means, to reconcile the disagreement. (b) A disagreement between a state agency and a relevant Federal agency as to a developing state program which persists to that point at which the state and Federal agencies concerned, after having been informally assisted by OCZM as provided above, still are in disagreement, shall be considered a "serious" disagreement for the purposes of section 307(b) of the Act. (c) Upon becoming informed of such a disagreement, the Administrator shall request from each disagreeing agency a statement of the disagreement. its history-including any efforts made to resolve or reduce it and the reason(s) for the position(s) taken. After receiving and reviewing the statements, and after receiving and reviewing any additional information which the Administrator shall request from any agency (which information the agency shall provide), the Administrator shall arrive at a recommended resolution of the disagreement, based upon the policies and provisions of the Act. He shall forward his recommendation, and the reason(s) therefor, to the parties to the disagreement for their review and comment. Concurrently, he shall inform OMB in writing of the fact of the disagreement, including necessary background infortion. The parties to the disagreement mation, and of his recommended resolushall comment to the Administrator on his recommendation in writing within 30 days of their individual receipts of that recommendation. do not accept the Administrator's recom(d) If the parties to the disagreement mendation, in whole or in part, the Administrator shall so inform OMB, and shall provide OMB with any additional comment or recommendation(s) which he may have. After considering any comment or additional recommendation(s) of the Administrator, and after considering the comment of the disagreeing parties, OMB shall inform the Administrator that it agrees with his recommendation, or shall propose 8 different resolution. (e) The Administrator shall send his recommended resolution, or the recommended resolution of OMB, as the case FEDERAL REGISTER, VOL. 40, NO. 41-FRIDAY, FEBRUARY 28, 1975 may be, along with the reason(s) therefore, to the agency parties to the disagreement. If the recommended resolution does not resolve the disagreement, the Administrator shall determine the extent to which the inclusion in the state program of the state agency's position in the disagreement would affect his ability to approve the state program. He shall communicate his determination in writing, with the reason(s) therefore, to the parties to the disagreement. (f) The foregoing does not preclude the simultaneous use of such informal means for the resolution of a serious disagreement as, in the view of the Administrator and/or OMB, may seem appropriate. ROBERT M. WHITE, Administrator. [FR Doc.75-5370 Filed 2-27-75;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 41-FRIDAY, FEBRUARY 28, 1975 Title 15-Commerce and Foreign Trade for the purpose of assisting in the de- Section 305(e) of the Act states in Grants under this section shall be allocated to States based upon rules and regulations promulgated by the Secretary ⚫ The rules and regulations set forth below establish the policy and means of allocating grant funds under section 305 to the coastal States and are to fulfill the above requirements of section 305(e). Such rules and regulations are intended primarily for allocation of funds made available for grants under section 305 in Fiscal Year 1975. Allocations to States in subsequent fiscal years may reflect changes in these rules and regulations; such changes, if made, will be duly published. Twelve million dollars has been appropriated by the Congress for Fiscal Year 1975 to implement the Coastal Zone Management Act of 1972 (Pub. L. 92583) as amended. Of this amount $9 million has been made available for coastal zone management program development grants-in-aid to the 34 coastal States and territories under section 305 of that Act. It is the purpose of this part to establish the rules and regulations for allocation of grant-in-aid funds under section 305 of the Coastal Zone Management Act of 1972, as amended (Pub. L. 92-583; 86 Stat. 1280; and Pub. L. 93612; 88 Stat. 1974) pursuant to the requirements of section 305(e) which states: tion: And provided further, That the Secretary shall waive the application of the 1 percentum minimum requirement as to any grant under this section, when the coastal State involved requests such a waiver. § 926.2 Definitions. As used in this part, the following terms shall have the meanings indicated below: (a) The term "Act" means the Coastal Zone Management Act of 1972, Pub L. 92-583, 86 Stat. 1280, as amended by Pub. L. 93-612, 88 Stat. 1974. (b) "Secretary" means the Secretary of Commerce or his designee. (c) "Coastal State" means a State of the United States in, or bordering on, the Atlantic, Pacific or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the Great Lakes. The term also includes specifically Puerto Rico, the Virgin Islands, Guam and American Samoa. This definition is interpreted as including the following States and territories: (d) "Shoreline" means, in tidal waters, the length of "tidal shoreline" as defined by the National Ocean Survey, National Oceanic and Atmospheric Administration (NOAA), U.S. Department of Combrochure, "The Coastline of the United merce, and published in that agency's States." For purposes of computation of the nation's total "tidal shoreline", figures for the Canal Zone, Navassa, Swan Islands, and Baker, Howland, Jarvis, Johnston, Midway, Palmyra, and Wake Islands shall not be included. "Shoreline", in Great Lakes States, shall mean the length of shoreline as established by the Lake Survey Center, National Ocean Survey, NOAA, U.S. Department of Commerce, and contained in an unpublished manuscript entitled, "Shoreline of the Great Lakes and Connecting Rivers" by Robert Hagen and P. H. Judd, dated 1948, with additions made in 1952 by G. E. Ropes and E. F. Kulp, Jr. The total "shoreline" of the United States shall be the sum of the tidal shoreline and Great Lakes shoreline, as defined above. This document supersedes the previous allocation of coastal zone program development grants to State governments published April 2, 1974, in the FEDERAL REGISTER (15 CFR Part 926). For the purposes of allocating coastal zone program development funds pursuant to section 305(e) of the Coastal Zone Management Act of 1972, as amended (Pub. L. 92-583; 86 Stat. 1280 and Pub. L. 93612; 88 Stat. 1974) for fiscal year 1975, promulgated by the Secretary: Provided, NOAA, to abut upon coastal waters. A this document shall be controlling. Under section 305 of the Act, the Secretary of Commerce is authorized to make annual grants to any coastal State Grants under this section shall be allocated to the States based on rules and regulations however, That no management program de- (e) "Coastal counties" means those counties or parishes which appear, in the judgment of the Assistant Administrator for Coastal Zone Management, listing of such counties is available for inspection at the Office of Coastal Zone Management, NOAA, U.S. Department of Commerce, Rockville, Maryland 20852. FEDERAL REGISTER, VOL. 40, NO. 51-FRIDAY, MARCH 14, 1975 § 926.3 Basis of allocation. (a) Funds available under section 305 will be allotted to the 34 coastal States and territories on the following basis: (1) Uniform allocation. Each State will initially be allotted the legal minimum of 1 percent of funds available, regardless of size, length of coastline, popula tion, or other factors. (2) Variable allocation. The amount remaining after allocation of the uniform amount will be allocated as follows: (1) Shoreline criterion. Forty percent will be allocated to the coastal States and territories on the basis of shoreline. Each State or territory will receive a shoreline allotment equal to the total amount available under this criterion multiplied by a factor equal to the ratio of that State or territorial shoreline divided by the total national shoreline (including Great Lakes). (ii) Population criterion. Forty percent will be allocated to the coastal States and territories on the basis of coastal population. It is the intent of the Office of Coastal Zone Management to include that population which is included within the "coastal zone" as defined in section 304(a) of the Act and as used in the allocation system for grants under section 306 as described in section 306(b). However, since no State or territory has as yet formally identified its "coastal zone" pursuant to the Act, the Office will initially utilize the population of the coastal zone as recorded in the 1970 decennial U.S. Census contained within coastal counties (or parishes) as defined in § 926.2. Since this designation is judgmental, it is subject to change in subsequent fiscal years, based upon the inclusion or exclusion of certain counties, or upon definition of the coastal zone by a State. The coastal population used herein has been increased from that computed for FY 1974 by the inclusion of additional counties in California, Florida, Louisiana, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Ohio, South Carolina, Texas and Virginia. (iii) Needs criterion. Twenty percent will be reserved for additional allocation to the coastal States and territories- at the discretion of the Assistant Administrator for Coastal Zone Management, based upon demonstration of need for such funds in order to assure completion of work designated by the State or territory as necessary to the timely completion of a coastal zone management program. Examples of such need may include, but need not be limited to: (A) States or territories which have a legislative mandate, or express a strong desire to complete development of their programs in less than three years and specifically require such funds. (B) States or territories which contain geographic coastal areas with particularly pressing developmental problems whose resolution in a management program would be materially assisted by additional funds. (C) States or territories which propose particularly creative or innovative ele ments in the management program de- (D) States or territories where special (b) The minimum figure shown for only; it does not include any allocation (1) Choose to participate in the pro- (2) Can provide the necessary matching funds, (3) Submit a satisfactory application and work program pursuant to the conditions set forth in Part 920 of this chapter, and (4) Otherwise meet the applicable re- States need not utilize nor be limited Those funds allocated to coastal States § 926.5 State allocation computation The following computation indicates Basic information: 1 Rounded to nearest $1,000. Includes $42,271 excess over 10 percent limit in Alaska. § 926.7 Duration of allocation. The allocations as determined and computed above are published for the distribution of coastal zone management program development grants during Fiscal Year 1975, which is the second year for which these funds are available. NOAA will monitor the progress of States under this program and make an assessment during Fiscal Year 1975 of the relative financial needs of the States. This assessment may lead to alterations in the method of allocation and the allocation figures for fiscal years subsequent to Fiscal Year 1975. Such revisions will be duly published. [FR Doc.75-6666 Filed 3-13-75;8:45 am] FEDERAL REGISTER, VOL. 40, NO. 51-FRIDAY, MARCH 14, 1975 |