TITLE 15 - COMMERCE AND FOREIGN TRADE

SUBTITLE B - REGULATIONS RELATING TO COMMERCE AND FOREIGN TRADE

CHAPTER IX - NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE

SUBCHAPTER B - OCEAN AND COASTAL RESOURCE MANAGEMENT

PART 923 - COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS

subpart k - COASTAL ZONE ENHANCEMENT GRANTS PROGRAM

923.124 - Allocation of section 309 funds.

  (a)(1) As required by section 309(e) of the Act, a State will not be required to contribute any portion of the cost of any proposal for which funding is awarded under this section.

  (2) As required by section 309(f) of the Act, beginning in fiscal year 1991, not less than 10 percent and not more than 20 percent of the amounts appropriated to implement sections 306 and 306A of the Act shall be retained by the Secretary for use in implementing this section, up to a maximum of $10,000,000 annually.

  (b) The Assistant Administrator will annually determine the amount of funds to be devoted to section 309, which shall be not less than 10 percent nor more than 20 percent of the total amount appropriated under section 318(a)(2) of the Coastal Zone Management Act, as amended (16 U.S.C. 1464), taking into account the total amount appropriated under section 318(a)(2). The total amount of funds to be devoted to section 309 shall not exceed $10,000,000 annually.

  (c) Of the total amount determined in paragraph (b) of this section, the Assistant Administrator will annually determine the proportion to be awarded to eligible coastal States by weighted formula and the proportion to be awarded to eligible coastal States for projects of special merit. This determination will take into account the total amount appropriated under section 318(a)(2) of the CZMA, as amended.

  (d) Weighted formula funding. (1)(i) A weighted formula funding target will be determined for each State that meets the eligibility requirements at 923.121(b). The weighted formula funding target will be the State base allocation determined by the application of the formula at 923.110(c), multiplied by a weighting factor derived from the Assistant Administrator's evaluation and ranking of the quality of the State's Strategy (as described in (d)(1) of this section), as supported by the State's Assessment.

  (ii) The application of the weighting factor may result in a weighted formula funding target that is higher or lower than the State's base allocation. Each State's weighted formula funding target will be adjusted to reflect the funds available.

  (iii) The Assistant Administrator may establish minimum and maximum weighted formula funding targets under 923.124(d).

  (2) The Assistant Administrator will determine each State's weighting factor based on an evaluation and ranking of the State's Strategy that takes into consideration the following: (i) The scope and value of the proposed program change(s) contained in the Strategy in terms of improved coastal resource management; (ii) The technical merits of the Strategy in terms of project design and cost effectiveness; (iii) The likelihood of success that the State will have in attaining the proposed program change(s), including an evaluation of the State's past performance and support for the Strategy; and, (iv) The fiscal and technical needs of the State.

  (3) Each State will be notified individually of its weighting factor, the reasons for assigning this weighting factor, and any changes thereto. In consultation with the Assistant Administrator, a State may choose to make substantive changes to its approved Assessment and Strategy to improve its weighting factor, in accordance with the procedures at 923.128.

  (e) Funding for projects of special merit. The Assistant Administrator will award the remaining section 309 funds, which are not awarded under 923.124(d), to States based on an annual evaluation and ranking of projects of special merit, as defined in 923.123(d). Funding of projects of special merit will be limited to the highest ranked projects based on the criteria at 923.125(b).

  (f) The Assistant Administrator will notify each State annually of the total amount of funds to be devoted to section 309 pursuant to 923.124(b), the proportion to be awarded by weighted formula pursuant to 923.124(c), the State's weighted formula funding target pursuant to 923.124(d), and the total amount of funds available for funding for projects of special merit pursuant to 923.124(e).

[57 FR 31116, July 14, 1992. Redesignated and amended at 61 FR 33818, 33819, June 28, 1996]