15 C.F.R. Subpart H—Amendments to and Termination of Approved Management Programs
Title 15 - Commerce and Foreign Trade
Source: 61 FR 33815, June 28, 1996, unless otherwise noted.
(a) This subpart establishes the criteria and procedures by which amendments, modifications or other changes to approved management programs may be made. This subpart also establishes the conditions and procedures by which administrative funding may be terminated for programmatic reasons. (b) Any coastal state may amend or modify a management program which it has submitted and which has been approved by the Assistant Administrator under this subsection, subject to the conditions provided for subsection 306(e) of the Act. (c) As required by subsection 312(d) of the Act, the Assistant Administrator shall withdraw approval of the management program of any coastal state and shall withdraw financial assistance available to that state under this title as well as any unexpended portion of such assistance, it the Assistant Administrator determines that the coastal state has failed to take the actions referred to in subsection 312(c)(2)(A) of the Act. (d) For purposes of this subpart, amendments are defined as substantial changes in one or more of the following coastal management program areas: (1) Uses subject to management; (2) Special management areas; (3) Boundaries; (4) Authorities and organization; and (5) Coordination, public involvement and the national interest. (e) OCRM will provide guidance on program changes. The five program management areas identified in §923.80(d) are also discussed in subpart B through F of this part. (a) Requests for amendments shall be submitted to the Assistant Administrator by the Governor of a coastal state with an approved management program or by the head of the state agency (designated pursuant to subsection 306(d)(6) of the Act) if the Governor had delegated this responsibility and such delegation is part of the approved management program. Whenever possible, requests should be submitted prior to final State action to implement the amendment. At least one public hearing must be held on the proposed amendment, pursuant to subsection 306(d)(4) of the Act. Pursuant to section 311 of the Act, notice of such public hearing(s) must be announced at least 30 days prior to the hearing date. At the time of the announcement, relevant agency materials pertinent to the hearing must be made available to the public. (b) Amendment requests must contain the following: (1) A description of the proposed change, including specific pages and text of the management program that will be changed if the amendment is approved by the Assistant Administrator. This description shall also identify any enforceable policies to be added to the management program; (2) An explanation of why the change is necessary and appropriate, including a discussion of the following factors, as relevant; changes in coastal zone needs, problems, issues, or priorities. This discussion also shall identify which findings, if any made by the Assistant Administrator in approving the management program may need to be modified if the amendment is approved; (3) A copy of public notice(s) announcing the public hearing(s) on the proposed amendments; (4) A summary of the hearing(s) comments: (i) Where OCRM is providing Federal agency review concurrent with the notice period for the State's public hearing, this summary of hearing(s) comments may be submitted to the Assistant Administrator within 60 days after the hearing; (ii) Where hearing(s) summaries are submitted as a supplement to the amendment request (as in the case described in paragraph (b)(1) of this section), the Assistant Administrator will not take final action to approve or disapprove an amendment request until the hearing(s) summaries have been received and reviewed; and (5) Documentation of opportunities provided relevant Federal, State, regional and local agencies, port authorities and other interested public and private parties to participate in the development and approval at the State level of the proposed amendment. [61 FR 33815, June 28, 1996; 61 FR 36965, July 15, 1996] (a) Upon submission by a State of its amendment request, OCRM will review the request to determine preliminarily if the management program, if changed according to the amendment request, still will constitute an approvable program. In making this determination, OCRM will determine whether the state has satisfied the applicable program approvability criteria of subsection 306(d) of the Act. (b) If the Assistant Administrator, as a preliminary matter, determines that the management program, if changed, would no longer constitute an approvable program, or if any of the procedural requirements of section 306(d) of the Act have not been met, the Assistant Administrator shall advise the state in writing of the reasons why the amendment request cannot be considered. (c) If the Assistant Administrator, as a preliminary matter, determines that the management program, if changed, would still constitute an approvable program and that the procedural requirements of section 306(d) of the Act have been met, the Assistant Administrator will then determine, pursuant to the National Environmental Policy Act of 1969, as amended, whether an environmental impact statement (EIS) is required. (a) Section 307(h)(2) of the Act provides for mediation of “serious disagreements” between a Federal agency and a coastal State during administration of an approved management program. Accordingly mediation is available to states or federal agencies when a serious disagreement regarding a proposed amendment arises. (b) Mediation may be requested by a Governor or head of a state agency designated pursuant to subsection 306(d)(6) or by the head of a relevant federal agency. Mediation is a voluntary process in which the Secretary of Commerce attempts to mediate between disagreeing parties over major problems. (See §923.54). (a) Further detailing of a State's program that is the result of implementing provisions approved as part of a State's approved management program, that does not result in the type of action described in §923.80(d), will be considered a routine program change. While a routine change is not subject to the amendment procedures contained in §§923.81 through 923.82, it is subject to mediation provisions of §923.83. (b)(1) States must notify OCRM of routine program change actions in order that OCRM may review the action to ensure it does not constitute an amendment. The state notification shall identify any enforceable policies to be added to the management program, and explain why the program change will not result in the type of action described in §923.80(d). (i) States have the option of notifying OCRM of routine changes on a case-by-case basis, periodically throughout the year, or annually. (ii) In determining when and how often to notify OCRM of such actions, States should be aware that Federal consistency will apply only after the notice required by paragraph (b)(4) of this section has been provided. (2) Concurrent with notifying OCRM, States must provide notice to the general public and affected parties, including local governments, other State agencies and regional offices of relevant federal agencies of the notification given OCRM. (i) This notice must: (A) Describe the nature of the routine program change and identify any enforceable policies to be added to the management program if the State's request is approved; (B) Indicate that the State considers it to be a routine program change and has requested OCRM's concurrence in that determination; and (C) Indicate that any comments on whether or not the action does or does not constitute a routine program change may be submitted to OCRM within 3 weeks of the date of issuance of the notice. (ii) Where relevant Federal agencies do not maintain regional offices, notice must be provided to the headquarters office. (3) Within 4 weeks of receipt of notice from a State, OCRM will inform the State whether it concurs that the action constitutes a routine program change. Failure to notify a State in writing within 4 weeks of receipt of notice shall be considered concurrence. (4) Where OCRM concurs, a State then must provide notice of this fact to the general public and affected parties, including local governments, other State agencies and relevant Federal agencies. (i) This notice must: (A) Indicate the date on which the State received concurrence from OCRM that the action constitutes a routine program change; (B) Reference the earlier notice (required in paragraph (b)(2) of this section) for a description of the content of the action; and (C) Indicate if Federal consistency applies as of the date of the notice called for in this paragraph. (ii) Federal consistency shall not be required until this notice has been provided. (5) Where OCRM does not concur, a State will be advised to: (i) submit the action as an amendment, subject to the provisions of §§923.81 through 923.82; or (ii) resubmit the routine program change with additional information requested by OCRM concerning how the program will be changed as a result of the action. [61 FR 33815, June 28, 1996; 61 FR 36965, July 15, 1996]
Title 15: Commerce and Foreign Trade
PART 923—COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS
Subpart H—Amendments to and Termination of Approved Management Programs
§ 923.80 General.
§ 923.81 Requests for amendments.
§ 923.82 Amendment review/approval procedures.
§ 923.83 Mediation of amendments.
§ 923.84 Routine program changes.
