administrative grants

administrative grants Sec. 306. (a) The Secretary is authorized to make annual grants to any coastal state for not more than 66% per centum of the costs of administering the state’s management program, if he approves such program in accordance with subsection (c) hereof. Federal funds received from other sources shall not be used to pay the state’s share of costs. (b) 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 covered by the plan, population of the area, and other relevant factors: Provided, however, That no annual administrative grant under this section shall be made in excess of 10 per centum nor less than 1 per centum of the total amount appropriated to carry out the purposes of this section. (c) Prior to granting approval of a management program submitted by a coastal state, the Secretary shall find that: (1) The state has developed and adopted a management program for its coastal zone in accordance with rules and regulations promulgated by the Secretary, after notice, and with the opportunity of full participation by relevant Federal agencies, state agencies, local governments, regional organizations, port authorities, and other interested parties, public and private, which is adequate to carry out the purposes of this title and is consistent with the policy declared in section 303 of this title. (2) The state has: (A) coordinated its program with local, area wide, and inter-state plans applicable to areas within the coastal zone existing on January 1 of the year in which the state’s management program is submitted to the Secretary, which plans have been developed by a local government, an area wide agency designated pursuant to regulations established under section 204 of the Demonstration 86 Stat. 1284Cities and Metropolitan Development Act of 1966, a regional agency, or an interstate agency; and (B) established an effective mechanism for continuing consultation and coordination between the management agency designated pursuant to paragraph (5) of this subsection and with local governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the purposes of this title. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive, and administer the grants for implementing the management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (1) of this subsection. (7) The state has the authorities necessary to implement the program, including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration of the national interest involved in the siting of facilities necessary to meet requirements which are other than local in nature. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate, agencies, has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power— (1) to administer land and water use regulations, control development in order to ensure compliance with the management program, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program. (e) Prior to granting approval, the Secretary shall also find that the program provides: (1) for any one or a combination of the following general techniques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement of compliance; (B) Direct state land and water use planning and regulation; or (C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any state or local authority or private developer, with power to approve or disapprove after public notice and fin opportunity for hearings. 86 Stat. 1285 (2) for a method of assuring that local land and water use regulations within the coastal zone do not unreasonably restrict or exclude land and water uses of regional benefit. (f) With the approval of the Secretary, a state may allocate to a local government, an areawide agency designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1066, a regional agency, or an interstate agency, a portion of the grant under this section for the purpose of carrying out. the provisions of this section: Provided, That such allocation shall not relieve the state of the responsibility for ensuring that any funds so allocated are applied in furtherance of such state’s approved management program. (g) The state shall be authorized to amend the management program. The modification shall be in accordance with the procedures required under subsection (c) of this section. Any amendment or modification of the program must be approved by the Secretary before additional administrative grants are made to the state under the program as amended. (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 is reasonably practicable.