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pdfCoastal Zone Management Act
Section 306A Guidance
November 2019
Office for Coastal Management
National Ocean Service
National Oceanic and Atmospheric Administration
United States Department of Commerce
Table of Contents
1
Introduction ................................................................................................................... 1
1.1 Purpose and Authority .......................................................................................................... 1
2
Section 306A Project Eligibility ........................................................................................ 1
2.1 General Eligibility................................................................................................................... 1
2.2 Objectives .............................................................................................................................. 2
2.2.1
Preservation or Restoration ...................................................................................... 2
2.2.2
Redevelopment ......................................................................................................... 3
2.2.3
Access ........................................................................................................................ 3
2.2.4
Coordination ............................................................................................................. 4
2.3 Allowable Uses ...................................................................................................................... 4
2.3.1
Interest in Land ......................................................................................................... 4
2.3.2
Low-Cost Construction .............................................................................................. 4
2.3.3
Revitalization............................................................................................................. 5
2.3.4
Engineering Designs and Reports ............................................................................. 5
2.3.5
Educational, Interpretive, Management .................................................................. 5
2.4 Public Benefit Standards ....................................................................................................... 6
2.4.1
Publicly-Owned Land ................................................................................................ 6
2.4.2
Private Property Restriction...................................................................................... 6
2.4.3
Open to the Public .................................................................................................... 6
2.4.4
User Fees ................................................................................................................... 6
2.4.5
Non-Discriminatory Access ....................................................................................... 7
2.4.6
Acquisition, Lease, or Easement ............................................................................... 7
2.4.7
Incidental Private Benefits ........................................................................................ 7
2.4.8
Change of Purpose .................................................................................................... 8
2.4.9
Non-Profit Facilitation............................................................................................... 8
2.4.10
New Access ............................................................................................................... 8
2.4.11
Useful Life ................................................................................................................. 8
2.4.12
Environmental Justice ............................................................................................... 9
2.4.13
Accessibility Standards............................................................................................ 10
2.4.14
Environmental Award Terms .................................................................................. 10
2.5 Project Cost ......................................................................................................................... 10
2.6 Project Scale ........................................................................................................................ 11
2.7 Geography ........................................................................................................................... 11
2.8 Criteria for Coastal Restoration Projects, Including Tidal Wetlands and Living Shorelines 12
2.9 Land Acquisition .................................................................................................................. 13
3
National Environmental Policy Act and Environmental Compliance ............................... 13
3.1 NOAA’s NEPA and Environmental Compliance Policies and Procedures ........................... 13
3.1.1
Categorical Exclusion .............................................................................................. 14
3.1.2
Environmental Assessment and Finding of No Significant Impact ......................... 15
3.2 Compliance with Other Environmental Laws...................................................................... 15
3.2.1
Endangered Species Act .......................................................................................... 15
3.2.2
National Historic Preservation Act.......................................................................... 16
3.2.3
Executive Order 13175............................................................................................ 16
3.2.4
Magnuson-Stevens Fishery Conservation and Management Act........................... 17
3.2.5
National Marine Sanctuaries Act ............................................................................ 17
3.2.6
Marine Mammal Protection Act ............................................................................. 17
3.2.7
Executive Order 11990 – Protection of Wetlands and Executive Order 11998 –
Floodplain Management ....................................................................................................... 18
4
3.2.8
Coastal Barrier Resources Act ................................................................................. 18
3.2.9
Additional Environmental Requirements ............................................................... 19
Application Timeline and Procedures ............................................................................ 19
4.1 Application Timeline............................................................................................................ 19
4.2 Information Required in Funding Application..................................................................... 22
4.3 Supporting Documentation for Questionnaire ................................................................... 24
4.3.1
Checklist of Supporting Documentation for Questionnaire ................................... 24
4.3.2
Section 306 Project Questionnaire ......................................................................... 25
4.3.3
Site Location Map ................................................................................................... 25
4.3.4
Site Plan................................................................................................................... 25
4.3.5
Title Opinion or Certification .................................................................................. 25
4.3.6
State/Tribal Historic Preservation Officer (SHPO/THPO) Clearance ...................... 26
4.3.7
Floodplain/Wetlands Notice ................................................................................... 26
5
4.3.8
Copies of Required Permits .................................................................................... 26
4.3.9
Description of Best Management Practices and Management Measures ............. 26
4.3.10
Copies of Third-Party Easements ............................................................................ 26
4.3.11
Appraisal ................................................................................................................. 27
4.3.12
Legal Property Survey ............................................................................................. 27
4.3.13
Copy of Final Deed .................................................................................................. 27
4.3.14
Contract for Purchase, Sale, or Option Agreement ................................................ 27
4.3.15
Willing Seller Letter ................................................................................................. 27
Special Award Conditions ............................................................................................. 28
5.1 Title Encumbrances ............................................................................................................. 28
5.2 Funding Restriction ............................................................................................................. 28
5.3 Project Signs ........................................................................................................................ 28
Appendix I: Section 306a Questionnaire............................................................................... 29
Appendix II: Title Opinion and Certification Examples .......................................................... 30
Appendix III: Willing Seller Letter Examples ......................................................................... 33
Appendix IV: NOAA’s Extraordinary Circumstances for NEPA Review ................................... 34
Appendix V: Example of NOAA’s Use of Categorical Exclusion .............................................. 35
Appendix VI: Definitions ...................................................................................................... 37
Introduction
1.1 Purpose and Authority
This guidance is issued by the Office for Coastal Management (OCM), National Ocean Service,
National Oceanic and Atmospheric Administration (NOAA) to explain how aspects of Section
306A of the Coastal Zone Management Act (CZMA), 16 U.S.C. 1451-66, that are not addressed
elsewhere are implemented.
This guidance describes procedures NOAA will apply to states, commonwealths, and territories
(hereafter referred to as “states”) with federally approved coastal management programs for
developing Section 306A projects and applying for funding, including procedures for states’
negotiation of Section 306A projects with other state, territorial, tribal, and local governments,
regional organizations, and others. The guidance includes descriptions of CZMA Section 306A
eligibility requirements, allowable uses of Section 306A funds, Section 306A application
requirements, data and information necessary to fulfill NOAA’s environmental compliance
requirements, and supporting documentation necessary for NOAA to effectively review and
approve Section 306A projects. This guidance supersedes all previous guidance regarding
Section 306A.
The authority for this guidance is the Coastal Zone Management Act, 16 U.S.C. 1451-66,
implementing regulations at 15 C.F.R. Part 923; 2 C.F.R. 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards, adopted by the
Department of Commerce through 2 C.F.R. 1327.101; and NOAA and National Ocean Service
Environmental Compliance Policies. These sources, along with this guidance and any funding
allocation or funding directives NOAA may periodically provide, are the primary resources for
implementation of Section 306A projects.
State coastal management programs should work with their OCM coastal management
specialist or site liaison for any assistance needed to apply for Section 306A funding, and if
necessary, states can also contact the Communities Program Manager in the Office for Coastal
Management.
Section 306A Project Eligibility
2.1 General Eligibility
Section 306A of the Coastal Zone Management Act provides state coastal management
programs with federal funds to obtain on-the-ground results from state coastal management
activities. Section 306A projects must be directly linked to a state coastal management
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program. To accomplish this linkage, OCM strongly encourages states to educate coastal
management program partners on this Section 306A guidance and the coastal management
program’s own priorities either through directed outreach and training and/or in the form of
Request for Proposals for purposes of project solicitation from local, regional, and other
governmental partners. To the extent that others are involved in Section 306A project selection
(e.g., state advisory council), those entities should also be familiarized with the guidance and
coastal management program priorities. A single state agency shall administer both CZMA
Sections 306 and 306A in order to plan activities and projects that complement each other and
result in the advancement of a state’s coastal management program goals.
Generally, states are eligible for Section 306A funds if the state has a federally approved coastal
management program and the state coastal management program is making satisfactory
progress in implementing its NOAA-approved program. If OCM determines that a state coastal
management program is not making satisfactory progress, OCM will use its discretion to
suspend or terminate Section 306A eligibility until the problems are remedied, consistent with
due process requirements in 15 C.F.R. 923 and 2 C.F.R. 200. A Section 306A project must also
meet one of the section 306A objectives, and the funds must be used for one of the Section
306A allowable uses, as described in this guidance.
The amount of funds spent on any single Section 306A project, and the amount spent on all
Section 306A projects from a particular CZMA Section 306/306A grant, is negotiated with OCM.
OCM approval depends on the requirements of this guidance and other state coastal
management program needs, including, for example, state coastal management program
Section 306 implementation needs and CZMA Section 312 evaluation necessary actions and
recommendations. The CZMA restricts a state coastal management program from using more
than 50 percent of its Section 306/306A grant for Section 306A low-cost construction projects.
CZMA § 306A(c)(2)(B).
NOAA requires state applicants for funding to submit a 306A questionnaire and other
supporting documentation described in this guidance to assure compliance with program
requirements, as described throughout this guidance.
2.2 Objectives
The CZMA requires a Section 306A project to meet one or more of the following objectives:
2.2.1
Preservation or Restoration
Preservation or restoration of specific areas that (a) are designated under a state’s
coastal management program as required by CZMA Section 306(d)(9) because of their
conservation, recreational, ecological, or esthetic values, or (b) contain one or more
coastal resources of national significance, or (c) for the purpose of restoring and
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enhancing shellfish production by the purchase and distribution of cultch material on
publicly owned reef tracts. CZMA § 306A(b) (1).
For projects not clearly meeting the criteria in (a)-(c) above, OCM recognizes the
importance of the entire coastal zone. Most state coastal programs (inclusive of their
networked partners) have developed plans and strategies to address specific areas for
particular management needs. OCM will consider such plans and strategies to
determine if the proposed project is in fact addressing conservation, recreational,
ecological, or esthetic values. For purposes of Section 306A projects, OCM encourages
the coastal management program to consider areas and specific properties identified in
NOAA approved Coastal and Estuarine Land Conservation Program Plans (CZMA Section
307a) or other state and regional plans.
2.2.2
Redevelopment
Redevelopment of deteriorating and underutilized urban waterfronts and ports that are
designated under Section 306(d)(2)(C) in the state’s management program as areas of
particular concern. CZMA § 306A(b)(2).
For purposes of Section 306A projects, in addition to those areas explicitly identified in a
state’s program as “areas of particular concern,” OCM interprets “urban waterfronts
and ports” to include any waterfront areas, such as working waterfronts, identified by
state coastal management programs for planning, management, or other support,
including expenditures consistent with this guidance because of their coastal-related
values or characteristics, or because they may face pressures which require detailed
attention beyond the general planning and regulatory system which is part of the state
coastal management program. These may be areas requiring or benefitting from new
strategies or regulatory approaches applicable only to the area of particular concern, or
areas needing increased intergovernmental coordination, technical or planning
assistance, enhanced public expenditures, or additional public services and
maintenance. See Special Management Areas, Coastal Zone Management Program
Regulations, 15 C.F.R. Sec. 923.20-923.25.
2.2.3
Access
Provision of access to public beaches and other coastal area and coastal waters in
accordance with the planning process required under Section 306(d)(2)(G). CZMA §
306A(b)(3).
Generally “other coastal areas” includes all areas within a state’s coastal zone boundary.
In very limited circumstances, projects outside of the CZ boundary may be considered
for Section 306A funds (see Section 2.4 of this Guidance, under “Geography”).
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2.2.4
Coordination
The development of a coordinated process among state agencies to regulate and issue
permits for aquaculture facilities in the coastal zone. CZMA § 306A(b)(4).
This provision was added in 1996 for aquaculture planning and regulation processes.
The section does not authorize the use of Section 306A funds for the construction of
aquaculture projects.
While Section 306A of the CZMA clearly authorizes the use of funds for aquaculture
regulatory process development, such projects may also be eligible for funding under
other CZMA Sections (i.e., 306, 309, and 310).
2.3 Allowable Uses
The use of Section 306A funds is limited to:
2.3.1
Interest in Land
The acquisition of fee simple or other interests in land, e.g., purchasing an easement for
a public right-of-way to the beach or purchasing an ecologically important area to
preserve as an area of particular concern. CZMA § 306A(c)(2)(A).
306A funds may be used to acquire land, or interests in land, that support the goals of
the coastal management program and otherwise meet NOAA’s requirements for land
conservation. Coastal habitat, public access sites, or parkland holdings are examples of
target properties that may be supported by Section 306A funds.
2.3.2
Low-Cost Construction
Low-cost construction projects consistent with the purposes of CZMA § 306A, including
but not limited to paths, walkways, fences, fishing piers, beach walkovers, boardwalks,
boat ramps, Americans with Disabilities Act improvements to public access facilities,
viewing platforms, coastal habitat restoration, invasive species removal, living
shorelines designed to increase resilience and enhance ecological integrity (as defined
further in Section 2.8 of this guidance), and the rehabilitation of historic buildings and
structures. CZMA § 306A(c)(2)(B).
Not all low-cost construction projects designed to enhance public access to coastal
zones or restore coastal resources will be eligible for funding under this section. For
example, habitat restoration projects that rely primary on hard structure elements
would not be eligible for funding.
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2.3.3 Revitalization
The revitalization of deteriorating or underutilized working and urban waterfront ports
for:
i. the rehabilitation or acquisition of piers for public use, including compatible
commercial activity;
ii. the establishment of shoreline stabilization measures including the installation
or rehabilitation of bulkheads for the purpose of public safety, or increased
public access and use of urban waterfront areas; and
iii. the removal or replacement of pilings where such action will provide increased
recreational use of urban waterfront areas. CZMA § 306A(c)(2)(C).
2.3.4
Engineering Designs and Reports
Engineering designs, specifications, and other appropriate reports related to the above
(including aquaculture processes). CZMA § 306A(c)(2)(D).
Section 306A funds may be used to develop engineering designs, specifications, or other
site assessments needed to scope and implement low-cost construction projects. In
some cases, these activities may be supported by funds from Sections 306 (e.g.,
engineering activities that do not have an earth-moving component) or 309 (e.g.,
development of aquaculture strategies or processes). In instances where the coastal
management program is very likely to participate in the implementation of the design,
coastal management programs should submit engineering and other design-focused
tasks as 306A projects. This may lead to efficiencies in approval of later project stages.
2.3.5
Educational, Interpretive, Management
Educational, interpretive, and other management costs (including aquaculture
processes and signage). CZMA § 306A(c)(2)(E).
Section 306A funds may be used to support educational, interpretive, and management
costs, including those that are ancillary to new low-cost construction projects.
Replacement signage or signage on existing non-historic structures previously funded by
NOAA may be eligible for Section 306 project funds; however, new signage that is to be
erected in a new location should be submitted as 306A work. As is noted in 15 C.F.R.
923.93(c), when in doubt as to the appropriate section of the CZMA under which to
request funding, states should consult with OCM. Other educational, interpretive, and
management costs that are not associated or otherwise bundled with Section 306A
projects may be submitted as Section 306 projects.
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2.4 Public Benefit Standards
Public benefit requirements for Section 306A projects are:
2.4.1
Publicly-Owned Land
Section 306A funds should only be used for projects on publicly owned or leased land,
or land for which an easement is obtained. For projects that are partially or fully
undertaken in submerged or tidal public trust lands, adjacent uplands should be publicly
held and accessible to the public, in most situations.
2.4.2
Private Property Restriction
Section 306A funds are for public benefit and may not be used to improve private
property or for other private enterprises (including non-profit property or enterprises).
See also Section 2.4.7.
2.4.3
Open to the Public
A Section 306A public access facility must be open to the general public. Facilities that
restrict use to specific persons or residents of a community are not eligible for Section
306A funding. Access may be limited or controlled in an equitable manner at certain
times for safety or resource protection reasons or for other good and reasonable cause
such as: to accommodate special events, educational outings (e.g., a school group), or
for scientific research (e.g., archaeological excavation).
2.4.4
User Fees
In general, user fees are discouraged and should not be charged to access Section 306A
projects. If user fees are necessary, the fee must be described and justified in the
Section 306A Project Questionnaire submitted to OCM and must be used to operate or
maintain the site funded via Section 306A. All user fees, income, or other revenues
derived from a Section 306A project shall revert to the maintenance or management of
either the federally funded Section 306A project or, if the Section 306A project is part of
a larger public project, the larger public project. The above guidance on user fees does
not apply to Section 306A projects that are implemented on properties already subject
to user fees, such as state parks, wildlife management areas, and other public spaces
already subject to daily or annual passes or access fees. OCM will rely on 2 CFR 200.80
and 200.307 to determine if any proposed user fee is program income for purposes of
award administration.
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2.4.5
Non-Discriminatory Access
Rules regarding access to property acquired and/or developed with NOAA assistance
may not discriminate based on residence, such as preferential reservation, membership
or annual permit systems. Reasonable differences in admission and other fees may be
allowed; however, fees charged to nonresidents cannot exceed twice the amount
charged to residents. If there is no charge for residents, nonresident fees cannot exceed
fees charged for residents at comparable state or local public facilities. Reservation,
membership or annual permit systems available to residents must also be available to
nonresidents, and the period of availability must be the same for both residents and
nonresidents. OCM may require additional information on the necessity or
reasonableness of a fee and may deny the use of a user fee.
2.4.6
Acquisition, Lease, or Easement
All land acquisitions should be in perpetuity. All leases and easements should be in
perpetuity. However, for non-acquisition projects, a lease or easement shall at a
minimum be for the expected life of the project (as defined by the coastal management
program in consultation with local partners and OCM, but for a minimum of 20 years).
OCM will review leases and easements conveying property to public entities to ensure
that the public interest is adequate and consistent with Section 306A requirements. For
example, OCM will review and approve reversionary clauses contained in leases or
easements prior to project approval. For land acquisition projects (fee-simple or
easement interest), the recipient must record deed restriction language substantially to
the effect of: “This property has been acquired [in part] with funds from federal
financial assistance award NAxxNOS419xxxx through Section 306A of NOAA’s Coastal
Zone Management Program. Title to the property conveyed by this deed shall vest upon
acquisition in the [name of grant recipient or other appropriate public agency] subject
to the conditions that the property shall be managed consistent with the purposes for
which it was acquired through the Coastal Zone Management Act. The [recipient/public
agency] must not dispose of, exchange, encumber its title or other interests in, or
convert the use of this property without the approval of NOAA or its successor
agencies.”
2.4.7
Incidental Private Benefits
Secondary or incidental benefits to commercial, private, or non-profit entities that
accrue from Section 306A projects may be allowed so long as the secondary or
incidental commercial, private, or non-profit benefits do not interfere with the primary
purpose of the project or requirements of this guidance, and public uses and benefits
are not diminished.
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2.4.8
Change of Purpose
If a construction project ceases to be used for the approved purpose at any time during
the life of the project, NOAA will follow procedures in 2 C.F.R. 200 and the award terms.
For land acquisition projects, if the property ceases to be used for the original purpose,
the state coastal management program must obtain disposition instructions from the
NOAA Grants Officer consistent with 2 C.F.R. 200.311(c) and the terms of the award.
2.4.9
Non-Profit Facilitation
Non-profit organizations can facilitate the implementation of Section 306A projects;
however, Section 306A funds must not be directly allocated to a non-profit organization
as a sub-awardee, and non-profit organizations cannot acquire interests in land with
Section 306A funds. The term “non-profit organization” includes land trusts,
development corporations/quasi-governmental units, and other non-public not-forprofit entities.
A state coastal management program, or other public entity, may enter into a
partnership with a non-profit organization to purchase property, for preservation
purposes only, so long as the federal Section 306A funds are allocated to the public
entity and the public entity retains ownership (title) and control of the property. If a
land trust is involved, the land trust may retain an interest in the property consistent
with the purpose of preserving coastal uses or resources, e.g., a conservation easement,
but not fee simple ownership.
No lands or easements already possessed by a public entity can be funded via Section
306A. So, Section 306A funds may not be used to reimburse public entities for
properties acquired prior to open award periods.
2.4.10 New Access
When Section 306A funds create new access, either through the building of structures
or acquisition of new access sites, the benefits provided by those activities (e.g., new or
enhanced public access opportunities, habitat conservation) should remain in
perpetuity, even if the specific structures or enhancements do not.
2.4.11 Useful Life
OCM recognizes that determining the “useful life” of low-cost construction projects is
highly variable for different types of projects, materials, geographies, and site
exposures. Consistent with past program guidance, OCM recommends that coastal
management programs target at least 20 years, when feasible. When enhancing access
through structural improvements, such as boardwalks, launches, docks, piers, or
8
stairways, the coastal management program has the duty and discretion to ensure that
those improvements are maintained for and, as circumstances and resources allow,
extended beyond their useful life, as defined by the coastal management program
based on local conditions. Coastal management programs are encouraged to seek out
local partners that intend, and have means to maintain low-cost structures built with
Section 306A financial support by providing for operations and maintenance costs. In
the event that Section 306A enhancements become structurally unsound and/or
otherwise unsafe for public use, the coastal management program should work with the
local partners to remove, repair to safe standards, condemn, or otherwise reduce the
risk posed by the structures to the public.
Structures lost due to natural hazards, such as catastrophic weather events, would not
necessarily be expected to be repaired or replaced to pre-storm conditions; however,
OCM would again encourage that the original benefits for which the project was
pursued be maintained. Recipients should follow the insurance provisions in 2 CFR
200.310, requiring that real property acquired with federal funds have equivalent
insurance coverage to real property acquired with non-federal funds.
E.O. 11988 requires federal agencies to avoid to the extent possible adverse impacts
associated with the modification of floodplains and to avoid direct and indirect support
of floodplain development wherever there is a practicable alternative. When
contemplating repair or replacement of structures lost during severe weather or due to
other coastal hazards (e.g., long-term erosion), recipients should consider whether
replacing “same with same” is consistent with the intent of E.O. 11988 with respect to
avoiding adverse impacts, and with the guidance above to ensure that structures last as
long as intended and are resilient to flooding and other coastal hazards over their useful
life.
2.4.12 Environmental Justice
Executive Order 12898 directed federal agencies to develop environmental justice
strategies to help federal agencies address disproportionately high and adverse human
health or environmental effects of their programs on minority and low-income
populations, and thus NOAA must ensure Section 306A projects will not have
disproportionately adverse economic or environmental impacts on minority groups,
low-income groups, or Native American tribes. A disproportionately adverse effect on a
minority group, low income population, or Native American tribe means the adverse
effect is predominantly borne by such population or is appreciably more severe or
greater in magnitude on the minority group, low-income population, or Native American
tribe than the adverse effect suffered by the general population (i.e., the non-minority,
non-low-income, non-tribal populations). Disproportionate environmental impacts are
factual determinations made on a case by case basis, and, in the case of tribes, are
determined based on government-to-government consultation. The risk of
disproportionate impacts could arise for projects in the vicinity of a minority group, low9
income population, or Native American tribe, such that any effects such as construction
noise, pollution runoff, or obstruction of view sheds could disproportionately impact
these communities. Other examples could include increased vehicular traffic (added
noise, air pollution) directly through a low-income neighborhood to access a newly
created coastal access site or increased noise and activity associated with a publicly
accessible land acquisition adjacent to a sacred tribal site.
2.4.13 Accessibility Standards
All projects that provide access, such as piers, platforms, and trails, must comply with
applicable accessibility standards as required by the guidelines contained here:
https://www.access-board.gov/guidelines-and-standards.
See also Department of Justice information and technical assistance at:
https://www.ada.gov/2010ADAstandards_index.htm.
2.4.14 Environmental Award Terms
Generally applicable environmental requirements related to financial assistance projects
funded by NOAA are described in the Department of Commerce Financial Assistance
Standard Terms and Conditions, Section G.04. (March 2017), and any subsequent
amendments.
2.5 Project Cost
In recognition of the congressional intent to limit Section 306A projects to “low-cost
construction” that is not “capital intensive,” OCM will use the following financial criteria to
inform project eligibility. While limited exceptions may be considered, the vast majority of
approved Section 306A projects will be expected to meet these criteria.
NOAA’s recommended funding amounts for a Section 306A project are up to $200,000 federal
share, with a recommended total project cost up to $400,000, for all project types except land
acquisition. For land acquisition, OCM will exercise greater flexibility, using $500,000 as the
general maximum federal Section 306A funding amount (recommended total project cost not
to exceed $1,000,000). The aforementioned land acquisition dollar thresholds are guidelines,
and the OCM Communities Program Manager may exercise flexibility beyond these thresholds
depending on the particular land acquisition scenario. All dollar thresholds are presented in
2019 current value and will be in effect until adjusted by NOAA and provided to states via the
Coastal Program’s annual funding guidance. Funding criteria adjustments will be made using
the U.S. Department of Labor Consumer Price Index.
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2.6 Project Scale
With regard to Section 306A projects implemented as part of, or to complement a larger
project, such as a major waterfront redevelopment effort or larger, costlier land acquisition for
which Section 306A funds provide a small financial contribution to a sub-component of, or
addition to the overall project, OCM is not proposing a maximum dollar amount for the broader
effort. OCM will exercise discretion to ensure the Section 306A component of larger projects is
low-cost, non-capital intensive construction or otherwise appropriately aligned to projects such
as land acquisitions. These contributions should be discrete and separable from the broader,
longer-range efforts. For example, the purchase of plant material costing $40,000 for a milelong shoreline restoration project costing $2,000,000 that relies heavily on capital equipment is
not an eligible use of Section 306A funds, because the size and scale of the overall project
would be inconsistent with 306A objectives. However, signage or site improvements for past
Coastal and Estuarine Land Conservation Program acquisitions, or the installation of a public
access boat launch within a broader urban waterfront redevelopment project, could be eligible,
provided the specific Section 306A project is consistent with these guidelines.
2.7 Geography
Under very limited circumstances, OCM may consider approval of Section 306A projects that
fall outside of the approved coastal zone boundary of a coastal management program.
Approval of such projects should be viewed as the exception. State coastal management
programs are not encouraged to seek projects outside of their designated state coastal zone
boundaries. However, if proposed, the primary purpose of such “inland” projects must further
the preservation, conservation, management, or use of the state’s coastal zone and address §
306A objectives for the coastal zone. Projects that satisfy this requirement may be considered
if:
i. The project location is both within and outside the state’s coastal zone boundary,
where the portion of the project occurring inland of the coastal zone boundary is
needed to meet or enhance the objective of §306A project in the coastal zone;
ii. There is not a reasonably available location within the coastal zone to provide a
public access point (e.g. a boat ramp or safe harbor for boats during a coastal
storm), but there is an available inland location within that same state that provides
public access to waters of the coastal zone;
iii. Acquiring land inland of the coastal zone for preservation or conservation will
enhance uses or resources of the coastal zone (e.g. protecting anadromous fish
spawning habitat or other species ecologically or economically important for the
coastal zone); or
iv. Redeveloping an urban or working waterfront inland of the coastal zone will provide
access to and from the coastal zone for recreational, commercial, or safety purposes
(e.g., to provide safe harbor or harvest landing opportunities for commercial fishing
vessels operating in the coastal zone).
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2.8 Criteria for Coastal Restoration Projects, Including Tidal Wetlands and Living
Shorelines
Congress declared that Section 306A projects will not be capital intensive, but instead be minor
in scope, and that Section 306A funds will not be used to finance large-scale erosion-prevention
structures (H.R. Rep. No. 1012, 96th Cong., 2d Sess. at 45 (1980) (House Report)). Consistent
with this directive, it is OCM’s policy that Section 306A funds will not be used for beach
renourishment or projects that are predominantly hard structure erosion control projects.
Small-scale shoreline stabilization structures, such as wetlands and living shorelines, consistent
with NOAA’s guidelines for living shorelines and related nature-based infrastructure, may be
eligible for funding.
With very limited exceptions, all proposed wetlands and living shorelines projects should be
designed to qualify for a United States Army Corps of Engineers (USACE) Nationwide Permit
(NWP 27 for wetlands and 54 for living shorelines) or approved State Programmatic General
Permit by the USACE, including any regional conditions imposed by individual district. Note that
particular USACE districts may modify, suspend, or revoke one or more NWPs in a particular
region. With regard to wetlands projects, in addition to qualifying for a Nationwide/General
Permit issued by the USACE, projects must meet the scope and scale criteria described in
Section 2.2 below. For living shorelines, exceptions for projects not qualifying for a
Nationwide/General Permit, at OCM’s discretion, will only be considered when a project meets
all state criteria used to define a living shoreline, including any necessary state-specific permit
requirements, and meets all other relevant project criteria contained in this guidance including
size and scale criteria. OCM recognizes that some projects may require multiple USACE
authorizations.
Note that while USACE has conducted an environmental assessment and cumulative effects
analysis to meet its own National Environmental Policy Act (NEPA) obligations for the
Nationwide Permits, NOAA must still conduct its own environmental compliance reviews to
fulfill its own statutory and regulatory compliance obligations.
Additional information on the USACE’s NWPs may be found here:
http://www.usace.army.mil/Missions/Civil-Works/Regulatory-Program-andPermits/Nationwide-Permits/
OCM will also apply the following criteria in assessing wetland and living shorelines projects or
associated planning and design activities: the project is on public land; the state coastal
management program can show a substantial public benefit (e.g., the structure protects public
investment that cannot be feasibly or technically relocated, protection of a historic structure or
other important coastal resources); these benefits substantially outweigh the costs; the project
is not designed to be temporary in nature; the project is designed to last in perpetuity or for a
minimum of 20 years (as further defined in this guidance); and the project meets other Section
306A requirements.
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NOAA discourages the use of Section 306A funds for projects that are devised and implemented
in response to regulatory and/or permit requirements if they are not planned and designed to
also meet a coastal program goal. However, such projects are not prohibited as long as they
also meet the Section 306A criteria included in this guidance.
2.9 Land Acquisition
Land acquisition projects must include a complete, self-contained appraisal prepared to federal
appraisal standards (i.e., consistent with Standards 1 & 2 of the Uniform Standards of
Professional Appraisal Practice (USPAP)); evidence of title for each proposed acquisition; a legal
survey of the property; contract for purchase, sale, or option agreement; a willing seller letter;
and copies of any easements or other use agreements to be placed on the property. Appraisals
and title evidence should be current, meaning no more than one year old. OCM may require
more rigorous review appraisals for complex or larger acquisitions, or those that exceed the
monetary threshold noted in Section 2.5.
National Environmental Policy Act and Environmental Compliance
3.1 NOAA’s NEPA and Environmental Compliance Policies and Procedures
The National Environmental Policy Act (NEPA), signed into law on January 1, 1970, 42 U.S.C.
4321, et seq. established a national policy requiring all federal agencies to effectively consider
the environmental impacts of their actions prior to making a decision. The range of actions
covered by NEPA is broad and includes projects or programs that are entirely or partially
funded, assisted, regulated, conducted, approved, or permitted by a federal agency. The NEPA
process to be followed by all federal agencies is specified in the Council on Environmental
Quality regulations at 40 CFR 1500-1508. These regulations also require each federal agency to
develop their own NEPA policies and procedures.
NOAA’s environmental review must also comply with several executive orders, including
“Compliance with the National Environmental Policy Act, Executive Orders 12114,
Environmental Effects Abroad of Major Federal Actions; 11988 Floodplain Management; and
11990, Protection of Wetlands.”
NOAA’s NEPA policies and procedures are contained in NOAA Administrative Order 216-6A
(NAO 216-6A), and this order’s authorized companion manual, available at:
www.nepa.noaa.gov. In addition, NOAA’s National Ocean Service (NOS) finalized its
Environmental Compliance Policy in May 2016, and OCM finalized its Environmental
Compliance Program Policy in September 2016. These policies established a compliance
program for NOS and program offices, defined specific roles and responsibilities for leadership
and staff, and defined the requirements NOS program offices are expected to meet for greater
accountability and consistency.
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For Section 306A projects, funding preference will be given to those projects for which NOAA’s
NEPA review results in a categorical exclusion (CE), or in very limited circumstances an
Environmental Assessment (EA)/Finding of No Significant Impact.
3.1.1
Categorical Exclusion
A categorical exclusion (CE) is a category of actions particular to individual agencies that
the agency has determined does not individually or cumulatively have a significant
effect on the quality of the human environment. A CE is a form of NEPA compliance,
without the detailed analysis that occurs in an Environmental Assessment (EA) or
Environmental Impact Statement (EIS). A CE may only be applied to a proposed action
when:
i. The proposed action falls within one of the CE categories listed in Appendix E
of NOAA’s Final Companion Manual: “Policy and Procedures for Compliance
with the National Environmental Policy Act and Related Authorities”
(http://www.nepa.noaa.gov);
ii. The proposed action is not part of a larger action, and can therefore be
reviewed independently from other actions under NEPA; and
iii. There are no extraordinary circumstances that may require further analysis
in an EA or EIS. Extraordinary circumstances are situations for which NOAA
has determined further NEPA analysis may be required because they are
circumstances in which a normally excluded action may have significant
effects (see Appendix IV). The mere presence of one or more extraordinary
circumstances does not preclude the use of a CE. A review of extraordinary
circumstances focuses on the action’s potential effects and considers the
significance of those effects in terms of both context (consideration of the
affected region, interests, and resources) and intensity (severity of impacts).
A full list of NOAA’s CEs can be found in Appendix E of NOAA’s Companion Manual. Only
CEs found in the Companion Manual may be applied to a project activity. This document
also includes a range of information regarding NOAA’s NEPA agency-wide guidance and
implementation. Appendix IV provides an example of how NOAA evaluates whether a
CE could be applied for particular project.
If NOAA determines that the use of a CE is appropriate, this is documented in a
memorandum that is signed by the Office Director, or delegated to the Deputy Director,
for the original award. Environmental compliance review memos are developed for
subsequent award action requests and can be signed by the OCM NEPA/Environmental
Compliance Coordinator, as required by the NOS and OCM policies. The CE memo and
subsequent compliance review memos must also document the status of compliance
efforts for all applicable regulations, Executive Orders, and policies.
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3.1.2
Environmental Assessment and Finding of No Significant Impact
If a CE is not applicable, NOAA must prepare either an EA or an EIS for the proposed
action. An EA is appropriate to analyze actions that are not subject to CEs, not covered
in an existing environmental document, and are not normally subject to an EIS. An EA is
used to determine if the action would have significant effects; if so, an EIS must be
prepared. Significance depends on the context (e.g., location, time of year, species
present, etc.) and intensity (e.g., size of project, effects on species) of the action. If the
agency determines that the action will not have significant environmental impacts, the
agency will issue a Finding of No Significant Impact (FONSI).
NOAA may adopt all or portions (e.g., specific analyses, appendices, or specific sections)
of an EA or EIS prepared by another federal agency if the action addressed in the
adopted document (or portion) is substantively the same as that being considered or
proposed by NOAA and if NOAA determines that the document (or portion) meets all
NEPA requirements. In order to adopt another agency’s document, NOAA must
determine that the other agency’s EA or EIS (or portion thereof) fully covers the scope
of NOAA’s proposed action and alternatives and environmental impacts. If NOAA elects
to adopt another agency’s EA or EIS, it must prepare and sign its own FONSI or record of
decision (ROD).
NOAA may incorporate material, including state environmental reports or analysis, into
a NEPA document by reference, so long as doing so does not impede agency and public
review of the proposed action. The incorporated material must be cited, and its content
must be briefly described. The material incorporated by reference must be reasonably
available for inspection by potentially interested parties.
Applicants (i.e., the state coastal management program or a sub-awardee of the
program) or contractors hired by the applicant or NOAA may prepare EAs. However, in
such cases, NOAA must independently evaluate all pertinent environmental issues
through an internal review. The FONSI for an applicant-prepared EA must be prepared
by NOAA and state that this internal review was performed.
3.2 Compliance with Other Environmental Laws
3.2.1
Endangered Species Act
The federal Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. § 1531, et
seq.), aims to protect animal and plant species from extinction and directs all federal
agencies to conserve endangered and threatened species and the ecosystems upon
which they depend. Under the act, NOAA’s National Marine Fisheries Service and the
U.S. Fish and Wildlife Service (collectively, the Services) publish lists of endangered,
threatened, candidate, and other species with special status under the act. The Services
15
also have the discretion to identify critical habitat for endangered or threatened species.
Section 7 of the ESA requires every federal agency to ensure that any action it
authorizes, funds, or carries out is not likely to jeopardize the continued existence of any
endangered or threatened species and that it will not result in the destruction or
adverse modification of critical habitat for those species. When a federal agency action
may affect a protected species or its critical habitat, that agency is required to consult
with the National Marine Fisheries Service and/or the U.S. Fish and Wildlife Service,
depending upon the protected species potentially affected. The act authorizes the
issuance of an incidental take permit if that taking will not jeopardize the continued
existence of a listed species.
3.2.2
National Historic Preservation Act
The National Historic Preservation Act (NHPA) (16 U.S.C. § 470 et seq.), as amended, is
intended to provide for the preservation of historic sites, buildings, objects, and
antiquities of national significance and promote preservation of historical and
archeological resources that might otherwise be lost or destroyed. Under the act and its
implementing regulations, federal agencies undertaking an action that potentially
affects any property with historic, architectural, archaeological or cultural value that is
listed on or eligible for listing on the National Register of Historic Places must comply
with specific procedures for consultation with the appropriate state and/or tribal
Historic Preservation Officers and others. The regulations place an emphasis on
consultation with Indian tribes and Native Hawaiian organizations, in keeping with the
1992 amendments to NHPA. Consultation with an Indian tribe must respect tribal
sovereignty and the government-to-government relationship between the federal
Government and Indian tribes. Even if an Indian tribe has not been certified by the
National Park Service to have a tribal Historic Preservation Officer who can act for the
State/Tribal Historic Preservation Officer (SHPO/THPO) on its lands, it must be consulted
about undertakings on or affecting its lands on the same basis and in addition to the
SHPO. Additionally, NHPA requires consultation with Indian tribes for impacts off of
tribal lands, if a tribe attaches religious and cultural significance to historic properties. In
addition, Traditional Cultural Properties can be eligible for listing on the National
Register. The traditional cultural significance of a historic property is derived from the
role the property plays in the historically rooted beliefs, customs, and practices of a
community or tribe(s).
3.2.3
Executive Order 13175
Executive Order 13175 reaffirms the federal government’s commitment to tribal
sovereignty, self-determination, and self-government. Its purpose is to ensure that all
Executive departments and agencies consult with Indian tribes and respect tribal
sovereignty as they develop policy on issues that impact Indian communities. Executive
Order 13175 (Consultation and Coordination with Indian Tribal Governments) requires
16
each federal agency to establish procedures for meaningful consultation and
coordination with tribal officials in the development of federal policies that have
implications for federally recognized tribes. Procedures for formal government-togovernment consultation are outlined in the “NOAA Procedures for Government-toGovernment Consultation with Federally Recognized Indian Tribes and Alaska Natives”
(also known as the NOAA Tribal Consultation Handbook).
3.2.4
Magnuson-Stevens Fishery Conservation and Management Act
The Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et
seq.), as amended and reauthorized by the Sustainable Fisheries Act (Public Law 104297), established a program to promote the protection of essential fish habitat (EFH) for
federally-managed species in the review of projects conducted under federal permits,
licenses, or other authorities that affect or have the potential to affect such habitat.
After EFH has been described and identified in fishery management plans, federal
agencies are obligated to consult with the National Marine Fisheries Service with
respect to any action authorized, funded, or undertaken, or proposed to be authorized,
funded, or undertaken, by such agency that may adversely affect any EFH. An adverse
effect is defined as any impact that reduces quality or quantity of EFH. Consultation is
not required for actions that will not adversely affect EFH. The vast majority of Section
306A projects that occur in the water or along the shoreline will require EFH
consultation.
3.2.5
National Marine Sanctuaries Act
Under the National Marine Sanctuaries Act (16 U.S.C. 32 § 1431 et seq.), federal agency
actions or private activities authorized by licenses, leases, or permits, that are likely to
destroy, cause the loss of, or injure any National Marine Sanctuary resource are subject
to consultation under the National Marine Sanctuary Act. Each federal agency proposing
such an action must provide a written statement describing the action and its potential
effects on sanctuary resources no later than 45 days before the final approval of the
action. In addition, sanctuary permits are required for any actions that is otherwise
prohibited by a particular sanctuary regulation.
3.2.6
Marine Mammal Protection Act
The primary management objective of the Marine Mammal Protection Act (MMPA) (16
U.S.C. § 1361 et seq.), as amended, is to maintain the health and stability of the marine
ecosystem, with a goal of obtaining an optimum sustainable population of marine
mammals within the carrying capacity of the habitat. The MMPA prohibits the taking of
marine mammals in U.S. waters and by U.S. citizens on the high seas, as well as the
importation of marine mammals and marine mammal products into the U.S. The act is
intended to work in concert with the provisions of the ESA. Agencies may request
17
authorization from the National Marine Fisheries Service for “incidental,” but not
intentional, taking of small numbers of marine mammals by U.S. citizens who engage in
a specified activity (other than commercial fishing or directed research on marine
mammals) within a specified geographic region. Regulations adopted under the MMPA
restrict harassment, including any act of pursuit, torment, or annoyance that has the
potential to injure a marine mammal in the wild by causing disruption of behavioral
patterns, including breathing, breeding, feeding, migration, and sheltering.
3.2.7 Executive Order 11990 – Protection of Wetlands and Executive Order
11998 – Floodplain Management
Executive Order 11990 and Executive Order 11988 require federal agencies to avoid the
adverse impacts associated with the destruction or loss of wetlands, to avoid
construction of facilities or structures in wetlands or floodplains if alternatives exist, and
to develop mitigation measures if adverse impacts are unavoidable. E.O. 11988 further
requires federal agencies to use best-available information in identifying the floodplain.
Flood maps produced by the Federal Emergency Management Agency (FEMA) are
commonly available nationwide, showing the current base (1-percent-annual-chance or
100-year) floodplain and, where determined, the 0.2-percent-annual-chance (500-year)
floodplain. FEMA’s flood maps do not depict future floodplains or associated hazards,
but relevant data and mapping are becoming more readily available from NOAA, other
federal agencies, state/local agencies, and research and other nongovernmental
organizations. Recipients must, at a minimum, identify the current 100-year floodplain
in relation to the proposed project, but are encouraged to consider both current and
future coastal hazard risks including flood risks, inundation, erosion, and sea level rise in
planning, evaluating, and implementing proposed actions.
Federal agencies are required to notify the public at the earliest possible time a
proposed action is considered in a floodplain and/or a wetland and involve the affected
and interested public in the decision-making process. This may entail OCM participation
in whatever public process the project proponent or state is leading. OCM will review
and consider all of the public comment/input that is received. Agencies are encouraged
to incorporate public notice with the NEPA process.
3.2.8
Coastal Barrier Resources Act
Projects proposed for funding under section 306A must conform to the requirements of
the Coastal Barrier Resources Act (CBRA) (16 U.S.C. § 3501 et seq.), which prohibits
federal funding and financial assistance for projects that encourage development within
undeveloped coastal barriers identified as units in “Coastal Barrier Resources System
(CBRS).” There are two types of units within the CBRS: System Units and Otherwise
Protected Areas (OPAs). Within OPAs, federal expenditures are permitted except for
18
flood insurance. OPAs are denoted with a “P” at the end of the unit number (e.g., “FL64P”). Thus if a project ends in “P,” no further action is necessary.
If a project is in a System Unit, federal expenditures and financial assistance for projects
under the CZMA may be allowed, only after consultation with the U.S. Fish and Wildlife
Service (USFWS), as long as the expenditure is consistent with the purposes of the act.
The purpose of the act is “to restrict future Federal expenditures and financial
assistance which have the effect of encouraging development of coastal barriers” in
order “to minimize the loss of human life, wasteful expenditure of Federal revenues,
and the damage to fish, wildlife, and other natural resources associated with the coastal
barriers.” (16 U.S.C. 3501(b)).
Early coordination by the applicant with the local USFWS Ecological Services Field Office
is advisable prior to project submission to OCM. While OCM has the authority to make
the final determination if a project is consistent with the purposes of the CZMA and
CBRA, the USFWS opinion will be given deference.
The USFWS has developed an interagency CBRA consultation template to help facilitate
the process. The template is available for download on the CBRA website at:
https://www.fws.gov/cbra/Consultations.html. A CBRS mapper and the official maps of
the CBRS are also available on the CBRA website at:
https://www.fws.gov/cbra/maps/mapper.html.
3.2.9
Additional Environmental Requirements
For more information about other mandates, see Appendix B of the Companion Manual
and the Department of Commerce Financial Assistance Standard Terms and Conditions,
Section G.04. (March 2017).
Application Timeline and Procedures
4.1 Application Timeline
NOAA is responsible for completing NEPA and environmental compliance review. Complete and
detailed project information from state coastal management programs and any other local
project partners is necessary to meet these requirements and to fulfill mutual Coastal Zone
Management mission goals. To manage projects effectively, NOAA will apply award terms with
the following deadlines in cases where the grant recipient was unable to provide complete
information (and receive NOAA approval) at the time of award application.
The deadline for submission of detailed project information, including a complete Section 306A
questionnaire, is 180 days (or six months from the time of start of the award) for all Section
306A projects including land acquisitions and easements; however, submission of project
19
information at or before the time of application submission is strongly encouraged. The exact
date will be included as a National Environmental Policy Act/Environmental Compliance
(NEPA/EC) special award condition incorporated into the NOAA award offer (i.e., CD-450, CD451 documents). The target timeline for NOAA review and NEPA determination of such projects
is 90 days after the required detailed project information is received. This deadline is applicable
for all projects that qualify for a categorical exclusion; however, more time will be necessary for
projects requiring an EA. Projects requiring consultations under other acts that have openended timelines (e.g., Endangered Species Act or Marine Mammal Protection Act) may require
more time to complete the NEPA and environmental compliance determination. The approval
or denial of projects requiring an EA is likely to take between 12 and 18 months after all
necessary information is secured. Thus, it is essential that recipients strive to provide complete
project information as soon as possible, particularly for more complicated construction projects
that may require an EA.
Ensuring all Section 306A guidance requirements are met, especially the provision of
information necessary for environmental compliance review, is a shared responsibility
between NOAA, state coastal programs, and any other project partners. Thus, OCM expects to
work cooperatively with the recipient and all other project partners to meet these timelines,
which reflect uniform administrative requirements for all OCM cooperative agreements. As a
result of the NEPA and environmental compliance reviews, OCM may establish conditions for
using the funds, e.g., a special award condition (SAC) indicating the recipient must follow
requirements identified by other cognizant agencies pursuant to ESA, NHPA, or other mandates.
In addition to the above timelines, recipients requesting award reprogramming (which is always
subject to Grants Officer approval) to change approved Section 306A projects or create new
Section 306A projects (for open awards already extended) must do so with no less than 18
months remaining in the maximum allowable award period. This requirement should provide
sufficient time to complete all required project reviews and approvals for most projects
proposed.
Expected Timeline for Complete Section 306A Projects Submitted with Annual Award
Activity
Timeframe
State submits completed 306A
Questionnaire and all related project
information as part of draft or final annual
CZMA award application.
OCM reviews materials for completeness.
According to OCM final funding guidance
schedule for July 1 and October 1 states.
According to OCM final funding guidance
schedule for July 1 and October 1 states.
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If 306A project is determined to be eligible
for funding, and the NEPA review results in
a CE determination, and all environmental
compliance consultations are complete,
no further actions are required.
If 306A project is determined to be eligible
for funding and the NEPA and
environmental compliance review results
in the need for an EA.
If EA results in FONSI.
If EA does not reach FONSI.
If all environmental compliance consultations
are complete, funds would be available on
award start date.
If EC is not completed, a SAC is placed on the
award to prohibit expenditure of funds on
the task until the consultations are complete,
including potential additional information
needs from the state as questions may arise
during consultations.
12-18 months to complete EA, pending
receipt of data and information required to
complete the document.
Project is approved and implemented by
recipient.
Project is deemed ineligible for 306A funds
and cancelled.
Expected Timeline for Partially Complete Section 306A Projects Submitted with Annual
Award
Activity
Timeframe
State submits partially completed 306A
Questionnaire and related project
information as part of draft or final annual
CZMA award application.
OCM reviews materials for completeness
and finds that additional information is
necessary to determine whether project
can be approved for funding.
If 306A project cannot be approved due to
insufficient information or insufficient
time, OCM will place a SAC on the award
indicating what information is needed by a
specific date. OCM will work cooperatively
with the state and any other partners to
secure needed information and complete
NEPA determination.
According to OCM grants schedule for July 1
and October 1 states.
According to OCM grants schedule for July 1
and October 1 states.
SAC will typically specify that 180 days from
the award start date are allotted to secure
information necessary to complete NEPA and
EC review.
If special circumstances warrant additional
time, OCM will work with the recipient to
devise an appropriate end date for the SAC to
be fulfilled.
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Upon submission of required information,
OCM will make every effort to alert the
recipient on the project’s eligibility for a
NOAA CE and status of necessary
compliance reviews.
When OCM determines that the project
should be eligible for a CE, OCM will
review the complete project information,
conduct necessary environmental
compliance and reach a NEPA
determination.
If the project is deemed ineligible, OCM
will work with the recipient to determine
if changes can be made to the proposed
activities.
If upon review of additional information,
OCM determines there is a need to
complete an EA, additional time will be
allocated to complete the EA.
If EA results in FONSI.
30 days
If EA does not reach FONSI.
Project is deemed ineligible for 306A funds
and cancelled.
90 days
* Consultations with programs not subject to
specific deadlines may lengthen the amount
of time needed to complete review.
30 days
12-18 months
Project is approved and implemented by
recipient.
4.2 Information Required in Funding Application
A state coastal management program proposing section 306A projects must include a Section
306A section in its combined Section 306/306A grant application. The application must list the
proposed Section 306A projects by name and federal funds for each project or, if individual
projects are not identified in the grant application, show the amount of federal funds to be
allocated for Section 306A projects. In those cases where complete project information cannot
be furnished by the recipient in the original award, as outlined above, OCM will place special
award conditions on the individual Section 306A set asides specifying the necessary information
and due dates to the recipient. State coastal management programs are expected to follow all
NOAA standard award (cooperative agreement) matching requirements. Whenever feasible,
OCM prefers 306A projects to be matched 1 to 1 (federal to state/local partner) to demonstrate
commitment on behalf of project partners.
The coastal management program must also include a sufficient amount of information to
enable OCM to complete its NEPA and environmental compliance review. The information
required is that which is requested in the Section 306A Project Questionnaire. Each coastal
management program must include the associated project details and information in their
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original award application submittal or subsequent project submittal as well as a completed
Section 306A Project Questionnaire, including relevant title information for each proposed
Section 306A project.
In order to complete its environmental compliance analysis, NOAA requires states to provide
detailed information about the project location and environmental conditions, including the
presence (or absence) of wetlands and floodplains, rare, declining, or otherwise exceptional
habitats, threatened or endangered species, and historical, archeological, or tribal resources at
the project site. In addition, NOAA requires information about the time of year, dimensions of
the project, methods and materials, and mitigation measures. This information allows NOAA to
prepare required analysis to comply with all applicable environmental laws.
As indicated in the 306A Questionnaire, states are asked to include in their application available
maps and diagrams of the project site, copies of valid permits and associated conditions,
existing NEPA documents from other agencies, and copies of state level consultations (e.g., ESA,
NHPA, etc.). With more complete information in the project application, NOAA can complete its
NEPA and environmental compliance requirements more quickly and limit duplication of effort.
The inclusion of clear and accurate descriptions of proposed project activities will eliminate
confusion and avoid unnecessary delays. States are asked not to repurpose language from
previous awards unless the planned activities are truly the same. In some cases, this can invite
questions or additional analysis that is not warranted for planned activities in the current
award.
OCM may also request plans, strategies, or other guidance documents that are being used to
identify Section 306A projects. Such documents will be used to determine if cumulative effects
of multiple projects over time should be considered during environmental compliance review.
States may provide such information in whatever manner is most convenient, such as a link to
web-based documents or electronic files.
Proposed projects should provide a description of construction methods, that is, the types of
equipment and methods that will be employed for the project and the level of disturbance
expected at the site. This information helps OCM evaluate potential environmental impacts of
the activity. For example, OCM will need to understand whether a backhoe or heavy dump
truck may be needed to construct a proposed bridge or dune walkover, or the anticipated
method to drive pilings into submerged lands. If detailed information on construction methods
is not available at the time of application, OCM requires the inclusion of a clause in the project
description that states a commitment from the coastal management program, or its subawardee, to use best management practices as needed during project implementation. The
planned use of best management practices is especially important with regard to protected
species, sensitive habitats, artifacts and historic sites in carrying out construction activities.
OCM is also interested in understanding all best management practices that will be used to
avoid introduction of invasive species and to control erosion or other non-point source
pollution on site. States should indicate whether management measures associated with CZMA
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section 6217 (or similar state BMPs) are being used during construction activities. See Question
1(e) of NOAA’s Section 306A Questionnaire.
4.3 Supporting Documentation for Questionnaire
4.3.1
Checklist of Supporting Documentation for Questionnaire
The information provided by the state will vary depending on the type of Section 306A
project. OCM will maintain an administrative record for each Section 306A project,
which will be all of the information and memorandums contained in the NOAA Grants
Online system. The state coastal management program must retain all project-related
information for at least three years after the grant has been closed-out by NOAA as part
of the records it maintains under 2 C.F.R. 200.333. OCM reserves the right to require
submission of any or all of the information listed below for a project if the complexity of
the project or other reasons indicate a need to review the project in more detail. In
addition to any other records necessary for programmatic and financial management of
the project under 2 C.F.R. 200, the state coastal management program should retain in
its files the following information, as applicable (Items (i) through (l) are for land
acquisition projects):
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
A copy of the completed Section 306A project questionnaire.
Site location map.
Site plan.
Title opinion or certification.
All correspondence with federal, state, and tribal fish and wildlife and historic
preservation officials, including clearances and determinations received (e.g.,
state historic preservation officer’s clearance)
Floodplains/Wetlands notice.
Copies of all required local, state, tribal and federal permits.
Explanation of Best Management Practices (BMPs).
Copy of final draft of any conservation easements to be placed on property
by third party entities, such as land trusts or matching funding sources.
Appraisal (for land acquisitions).
Legal property survey.
Copy of final deed or conservation easement containing the required NOAA
deed restriction.
Contract for purchase, sale, or option agreement.
Willing seller letter.
Each of these items is described below.
24
4.3.2 Section 306 Project Questionnaire
The questionnaire is designed to solicit key project related details, including the data
and information necessary for OCM to complete environmental compliance review and
make an approval determination for the project. Submission of the questionnaire to
OCM for review represents an attestation from the state that the information provided
is truthful and accurate based on the latest available information to the state coastal
management program and other involved entities.
4.3.3 Site Location Map
The site location map shows the exact location of the section 306A project. The
information provided must allow for easy identification of the exact address or location,
including the specific boundaries of the project. Acceptable forms of data include, but
are not necessarily limited to: a street address, latitude/longitude coordinates, a United
States Geological Survey (USGS) quadrangle map (1:24,000 scale) with site depicted, a
detailed aerial photo with clear legend and depiction of route to the nearest major road
from the project site, a GIS data layer depicting the overall project location and specific
construction site if applicable. OCM reserves the right to request specific site location
maps if the site location is not readily apparent.
4.3.4 Site Plan
The site plan is a detailed drawing of the proposed construction project (or other
physical alteration or acquisition) on the project site showing the relationship of the
project to other facilities and significant natural features (slope, access points, wetlands,
dunes, floodplains, etc.) of sufficient detail for NOAA to use in NEPA and environmental
compliance review. For compliance with E.O. 11988, applicants should include on site
plans the 100-year and/or 500-year floodplains determined by FEMA or from other
best-available data (e.g., 100-year flood hazard analyses developed by other federal
agencies; future flood elevations or floodplain mapping, where available). Information in
narrative form is acceptable when mapping data are not available. The site plan must
also show how structures will comply with the requirements of the Americans with
Disabilities Act of 1990. While such plans are typically developed by engineers or
architects, this is not a strict requirement for all 306A projects. However, for projects
involving excavation, grading, or other changes to topography, shorelines, or
hydrological features, or construction activities beyond minor improvements to existing
structure or facilities, recipients are expected to submit a site plan prepared by a
certified professional, such as a professional engineer or land surveyor.
4.3.5 Title Opinion or Certification
A title opinion, certification (or affidavit), or title insurance, demonstrating public
ownership or control is required for most Section 306A construction projects (or other
physical alteration) or any other type of Section 306A project which has a physical
relationship to land, water or submerged lands, and for all land acquisition projects. The
title document must be signed by a state or local government official or legal counsel
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attesting that the property is in public ownership or control consistent with this Section
306A guidance. It is in the state’s or local government’s interest to ensure that a public
entity has clear title to property proposed for Section 306A projects. In limited
circumstances, where public ownership is clearly evident based on state law (e.g.,
submerged lands, beaches) or where recent NOAA investments have provided evidence
of public ownership, OCM may offer flexibility and not require a signed title opinion.
Other forms of objective evidence of public land ownership may be acceptable in such
cases. See Appendix II for examples of a title opinion and certification. Title evidence
that is required should be current, meaning no more than one year old.
4.3.6 State/Tribal Historic Preservation Officer (SHPO/THPO) Clearance
SHPO/THPO concurrence is required before work can commence on all Section 306A
construction projects and before land can be purchased for all Section 306A acquisition
projects. The concurrence can be obtained either through the use of a state
coordination process or by virtue of NOAA working directly with the appropriate
SHPO/THPO. Regardless of who initiates and completes the concurrence, it must be
completed prior to project approval.
4.3.7 Floodplain/Wetlands Notice
Any state or federal notices regarding a Section 306A project on impacts to floodplains
or wetlands will be retained by the state.
4.3.8 Copies of Required Permits
The state coastal management program will keep a record of any required local, state,
tribal and federal permits for all Section 306A projects. Required local, state, tribal and
federal permits must be obtained before work can commence on all Section 306A
construction projects and before land can be purchased for all Section 306A acquisition
projects.
4.3.9 Description of Best Management Practices and Management Measures
Please provide detailed information on the best management practices (BMPs) and
other mitigation measures that will be used during project implementation. The planned
use of best management practices is especially important with regard to protected
species, sensitive habitats, artifacts and historic sites in carrying out construction
activities, and best management practices that will be used to avoid introduction of
invasive species and to control erosion or other non-point source pollution on site. The
description should indicate whether management measures associated with CZMA
section 6217 (or similar state BMPs) are being used during construction activities.
4.3.10 Copies of Third-Party Easements
Self-explanatory.
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4.3.11 Appraisal
Before purchasing a piece of property with Section 306A funds, a state coastal
management program must obtain an independent appraisal developed consistent with
Uniform Standards of Professional Appraisal Practice (USPAP) or Yellow Book standards
by a state approved appraiser to determine fair market value. Appraisals should be
current, meaning no more than one year old. State coastal management programs will
adhere to the following steps in negotiating acquisition price:
i. Secure independent property appraisal;
ii. Present appraisal to land owner and negotiate price based on appraisal.
Property owner will be given a reasonable opportunity to consider the offer
and present material which the owner believes to be relevant to determining
the property’s value;
iii. If the property owner will not sell for the appraised price or lower, and the
state wishes to pursue the acquisition, a second independent appraisal must
be done, or the original appraisal updated to account for changed
circumstances, e.g. extensive time passage, natural disaster, etc.; and
iv. If, after negotiations and a second or revised first appraisal, the purchase
price still exceeds the appraised value, the state may be allowed to pay more
than the appraised value (with Section 306A funds) if the state demonstrates
reasonable efforts to negotiate at the appraised value and if the state
provides OCM with a written justification for the higher price, based on
reasonableness, prudence, public interest, appraisals, estimated
condemnation/trial costs, and/or valuation supports a settlement. OCM does
not anticipate circumstances arising in which a purchase price would be
approved that exceeds the appraised value by 10%.
4.3.12 Legal Property Survey
State coastal management programs should provide a land survey meeting all applicable
state and local requirements for accuracy and sufficiency.
4.3.13 Copy of Final Deed
A copy of the final deed or conservation easement containing the required NOAA deed
restriction.
4.3.14 Contract for Purchase, Sale, or Option Agreement
Self-explanatory.
4.3.15 Willing Seller Letter
See Appendix III for an example.
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Special Award Conditions
In addition to any other applicable terms, all NOAA Section 306/306A grants will contain the
following special award conditions regarding Section 306A projects:
5.1 Title Encumbrances
In the event that there are title discrepancies or encumbrances that NOAA deems interfere with
the purpose for which the 306A funds were granted, or if NOAA determines that the project or
property is no longer used for its original purpose, this may be deemed material noncompliance
with award requirements for which costs may be disallowed in full or in part or other
enforcement action taken by NOAA pursuant to 2 C.F.R. 200.338-.342.
5.2 Funding Restriction
Federal funds are not permitted to be expended on any section 306A awards until NOAA/OCM
reviews and approves the projects in conformance with NOAA Office of Coastal Management
Section 306A Guidance and all related environmental compliance requirements. Specifically, no
federal funds may be expended and no work is approved on a section 306A project until the
state has submitted to OCM a complete Section 306A Project Questionnaire (and any other
required information) for each section 306A project and NOAA approves. If, for any reason, a
section 306A project ceases to be used as approved by NOAA, this action may be deemed
material noncompliance with award requirements for which costs may be disallowed in full or
in part or other enforcement action taken by NOAA pursuant to 2 C.F.R. 200.338-.342.
5.3 Project Signs
The recipient must erect at the site of any construction project and maintain during the
construction, signs satisfactory to the NOAA Office of Coastal Management that identify the
project and indicate that the project is being funded under the Coastal Zone Management Act,
by NOAA’s Office for Coastal Management, in conjunction with the State Coastal Management
Program. The recipient must also maintain a permanent plaque or sign at the project site with
the same information.
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Appendix I: Section 306a Questionnaire
See separate file.
29
Appendix II: Title Opinion and Certification Examples
Title Opinion
Date:
Re: _____________________________________
Project Name on Section 306A Questionnaire
I hereby certify that I am a member in good standing of the bar of ______________________
(state) and have been requested to determine record ownership for the parcel(s) of property
on which the above-referenced project will be constructed, ____________________________
(name and brief description of land).
After thoroughly examining the public land records or other appropriate records in accordance
with the laws of __________________ (state), I hereby certify that record title to the parcel is
held by ______________________ in (check one):
□
□
Fee Simple Absolute
Other (please specify)
I have determined that there are (check one):
□
□
No easements or other encumbrances on the property.
Easements or other encumbrances on the property that do not interfere with the
proposed Section 306A project (list and explain below or in an attachment).
□
Easements or other encumbrances on the property that interfere with the proposed
Section 306A project (list and explain below or in an attachment).
Other Comments:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
__________________________________
Signature
_______________________________
Bar Number (must include)
Name: _____________________________
Address: ___________________________
__________________________________
Telephone: ______________________
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Title Opinion (Example)
Date:
RE: Inlet Park Boardwalk
(Project Name on Section 306A Questionnaire)
I certify that I am a member in good standing of the bar of Maryland (state) and have been
requested to determine record ownership for the parcel(s) of property on which the abovereferenced project will be constructed, Inlet Boardwalk – along North Jetty at Ocean City Inlet
(name and brief description of the parcel of land). After thoroughly examining the public land
records or other appropriate records in accordance with the laws of Maryland (state), I hereby
certify that record title to the parcel is held by U.S. Army Corps of Engineers/United States of
America in (check one):
X
□
Fee Simple Absolute
Other (specify)
I have determined that there are (check one):
X
No easements or other encumbrances on the property.
□
Easements or other encumbrances on the property that do not interfere with the
proposed Section 306A project (list and explain below or in an attachment).
□
Easements or other encumbrances on the property that interfere with the proposed
Section 306A project (list and explain below or in an attachment).
Other Comments:
Easement to Town of Ocean City for construction of Boardwalk.
______S___________________________
Signature
XXXXXXXX________________________
Bar Number (must include)
Name: ___Guy R. Ayres III______________
Address: 5200 B. Coastal Highway
Ocean City, MD 21842
Telephone: (XXX) XXX-XXXX
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Suggested Affidavit or Certification Form
I solemnly affirm upon personal knowledge that the following statements are true:
1. This affidavit or certification relates to the following property related to proposed
financial assistance from the National Oceanic and Atmospheric Administration (insert
address or description of property, and award or project number if known):
2. I, ___________________________, (print name of official) being first and duly sworn
state that:
3. Official must state what his/her title is and what authority he/she has to say that the
property is publicly owned.
4. Official must state that the property is owned or leased by the state or local government
(in accordance with OCM’s CZMA Section 306A Guidance, insert final date) and that
there are no encumbrances on the property that interfere with the proposed Section
306A project.
Signed: _________________________________________________
(Name of Official)
Subscribed and affirmed before me this day of (month), (year).
Notary Public
My Commission expires: ___________________
Note: this form should be revised in accordance with state law.
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Appendix III: Willing Seller Letter Examples
Dear [insert name of state coastal management program lead or NOAA representative]:
As the owner(s) of the [insert name or description] property], I/we submit this letter as
evidence that I/we am/are willing participants in negotiations with [insert name of public
entity] for the possible sale or donation of this property, or interests in property (easement), at
mutually-agreeable terms for the purpose of long-term conservation.
I/we have been advised of the applicability of Public Law 91-646, the Uniform Relocation
Assistance and Real Property Acquisition Policies Act (“the Uniform Act”), and I/we have been
notified that the [insert name of public entity (the applicant)] will not pursue acquisition of the
property through eminent domain (condemnation) in the event negotiations fail to result in an
amicable agreement.
I understand that this letter will serve as evidence of a “willing seller,” signifying the current
owner’s willingness to negotiate the possible sale of property as part of a voluntary transaction
if negotiations result in an amicable agreement.
Sincerely,
_____________________
[Name of Owner 1]
______________________
[Name of Owner 2]
For matching share properties already acquired or donated
AFFIDAVIT
Dear [insert name of NOAA representative]:
On behalf of [public entity or qualified nongovernmental organization holding title for the
purposes of the coastal management program 306A grant], I attest that the [insert name or
description of property] was acquired on [insert date] through a voluntary transaction with a
willing seller and did not result from the use, or threat of use, of a public entity’s authority to
acquire property through eminent domain (condemnation).
Sincerely,
____________________
Authorized representative of public entity or qualified nongovernmental organization holding
title for the purposes of the 306A grant
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Appendix IV: NOAA’s Extraordinary Circumstances for NEPA
Review
Before applying a Categorical Exclusion (CE), the decision-maker must consider whether the
proposed action involves one or more of the following extraordinary circumstances.
A. adverse effects on human health or safety that are not negligible or discountable;
B. adverse effects on an area with unique environmental characteristics (e.g., wetlands
and floodplains, national marine sanctuaries, or marine national monuments) that are
not negligible or discountable;
C. adverse effects on species or habitats protected by the ESA, the MMPA, the MSA,
NMSA, or the Migratory Bird Treaty Act that are not negligible or discountable;
D. the potential to generate, use, store, transport, or dispose of hazardous or toxic
substances, in a manner that may have a significant effect on the environment;
E. adverse effects on properties listed or eligible for listing on the National Register of
Historic Places authorized by the National Historic Preservation Act of 1966, National
Historic Landmarks designated by the Secretary of the Interior, or National Monuments
designated through the Antiquities Act of 1906; federally recognized tribal and Native
Alaskan lands, cultural or natural resources, or religious or cultural sites that cannot be
resolved through applicable regulatory processes;
F. a disproportionately high and adverse effect on the health or the environment of
minority or low-income communities, compared to the impacts on other communities
(EO 12898);
G. contribution to the introduction, continued existence, or spread of noxious weeds or
non-native invasive species known to occur in the area or actions that may promote the
introduction, growth, or expansion of the range of the species;
H. a potential violation of federal, state, or local law or requirements imposed for
protection of the environment;
I. highly controversial environmental effects;
J. the potential to establish a precedent for future action or an action that represents a
decision in principle about future actions with potentially significant environmental
effects;
K. environmental effects that are uncertain, unique, or unknown; or
L. the potential for significant cumulative impacts when the proposed action is combined
with other past, present and reasonably foreseeable future actions, even though the
impacts of the proposed action may not be significant by themselves.
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Appendix V: Example of NOAA’s Use of Categorical Exclusion
Below is an example scenario to demonstrate how NOAA would apply the Categorical
Exclusions to a potential Section 306A Project.
NOAA’s current list of CEs is located in NOAA’s NEPA Companion Manual, found here:
http://www.nepa.noaa.gov/docs/NOAA-HQ-2016-0145%20NAO%202166A%20Companion%20Manual.pdf.
Below is an example scenario to demonstrate how NOAA would apply the Categorical
Exclusions to a potential 306A project.
State X proposes small-scale construction of a fishing pier off their coast. NOAA would first
ensure that an extraordinary circumstance does not preclude use of the NOAA CEs (see
Appendix III). If not, NOAA will identify which CE applies for this project. When considering a
potential fishing pier, F3 would apply below. This particular CE includes three distinct scenarios
(a-c) and each has its own specific parameters under which it can be used. A fishing pier is
considered a “public access facility or infrastructure,” so NOAA would review the project to
ensure it is small-scale 1 and non-destructive 2; and consistent with the applicable right-of-way
conditions and approved land use plans. Based on the information and context provided within
the application and the 306A Questionnaire, NOAA will determine whether the conditions are
satisfied and the CE may be applied.
[F3] (a) Routine repair, maintenance, and improvement of real and personal property, where
such activities are required to maintain and preserve buildings, structures, infrastructures,
vehicles, and equipment in a condition suitable to be used for its designed purpose.
(b) New construction, expansion and/or improvement of facilities where all of the following
conditions are met:
(1) The site is in a developed area and/or a previously disturbed site;
(2) The structure and proposed use are compatible with applicable federal, tribal, state,
and local planning and zoning standards and consistent with federally approved state
1 Minor or small-scale – these are terms NOAA considers in the context of the particular proposal, including its
proposed location. In assessing whether the scope of a proposed action is small, in addition to the actual
magnitude of the proposal, NOAA considers factors such as industry norms and the relationship of the proposed
action to similar types of development or activity in the vicinity of the proposed action. When considering the size
of a proposed facility, for example, NOAA would review the surrounding land uses, the scale of the proposed
action relative to existing development, and the capacity of existing roads and other infrastructure to support the
proposed action. When these limiting terms are used within a specific CE, the administrative record for that
CE provides further explanation of their meaning in the context of the activity addressed by that CE.
2 Nondestructive – this term refers to actions that do not result in permanent physical alteration of a component
of the human environment. Passive acoustics, ground penetrating radar, and air quality sampling are examples of
nondestructive methods to collect environmental data.
35
coastal management programs and the National Historic Preservation Act;
(3) The proposed use will not substantially increase the number of motor vehicles,
marine vessels, or aircraft at the facility or in the area;
(4) The site and scale of construction or improvement are consistent with those of
existing, adjacent, or nearby buildings;
(5) The construction or improvement will not result in uses that exceed existing
infrastructure capacities (e.g., electrical, roads, sewer, water, parking);
(6) The construction or improvement will not result in operational uses that adversely
affect the surrounding community (e.g., noise); and
(7) The community-valued view sheds are not adversely affected.
(c) Installation, repair, maintenance, and enhancement of public access facilities and
infrastructure, if the activity:
(1) Is small-scale and nondestructive; and
(2) Is consistent with applicable right-of-way conditions and approved land use plans.
36
Appendix VI: Definitions
Cumulative Effects: The incremental environmental impact or effect of the proposed action,
together with impacts of past, present, and reasonably foreseeable future actions, regardless of
what agency (federal or non-federal) or person undertakes such other actions. Cumulative
effects can result from individually minor but collectively significant actions taking place over a
period of time (40 CFR 1508.7).
Negligible: This term refers to a level of impact that is below minor to the point of being barely
detectable and therefore discountable. Factors for consideration include: procedures that
employ generally accepted industry standards or best management practices that have been
tested and verified at the time an activity is proposed; whether an activity has understood or
well-documented impacts at the time an activity is proposed; whether control and quality
measures are in place (e.g., monitoring and verification; emergency plans and preparedness);
the direct, indirect, and cumulative effects of the proposed activity on a resource; and the
context and intensity of expected discharges or deposits and disturbances to resources, like the
submerged lands of any marine protected area, corals, and other living, cultural, and historical
resources.
Ongoing Projects: Projects that continue over a period of years that are largely unchanged from
year to year.
Phased Projects: Large projects that are broken into individual components so as to facilitate
funding. For the purposes of NEPA review, phased projects are equivalent to segmentation if
each segment is “connected.” Actions are connected if they:
(i) Automatically trigger other actions which may require environmental impact
statements.
(ii) Cannot or will not proceed unless other actions are taken previously or
simultaneously.
(iii) Are interdependent parts of a larger action and depend on the larger action for their
justification.
Previously disturbed ground: This term refers to land that has been changed such that its
functioning ecological processes have been and remain substantially altered by human activity.
The term encompasses areas that have been transformed from natural cover to non-native
species or a developed state, including but not limited to, utility and electrical power
transmission corridors and rights-of-way, paved and unpaved roads, and construction
footprints.
Segmentation: Segmentation can occur when an action is broken down into small parts in
order to avoid preparing an EA or EIS for total action. Delaware Riverkeeper Network v. F.E.R.C.,
753 F.3d 1304, 1313 (D.C. Cir. 2014). See also Kleppe v. Sierra Club, 427 U.S. 390, 410 (1976)
37
Unique habitats or characteristics: Habitats or characteristics of specific places that are
uncommon, contain rare species or resources, or sites afforded special protections. These areas
may include, but are not limited to tidal wetlands and floodplains, National Marine Sanctuaries,
and wildlife management areas.
Unique resources or geographic areas: Are resources or locations that include areas of notable
recreational, ecological, scientific, cultural, historical, scenic, or aesthetic importance. Examples
of unique resources and geographic areas include, but are not limited to: coral reefs; marine
protected areas; National Marine Sanctuaries; essential fish habitat; habitat area of particular
concern; critical habitat designated under the Endangered Species Act or Magnuson Stevens;
park or refuge lands; wild or scenic rivers; wetlands; prime or unique farmland; sites listed on
the National Register of Natural Landmarks; sites listed or eligible for the National Register of
Historic Places; tribal lands; sites that are ecologically significant or critical areas including areas
that are normally inundated by water or areas within the 100-year floodplain.
Viewshed: An area that is visible from a specific location. For purposes of environmental impact
documentation for 306A projects, any visual changes from construction or restoration activities
that might impact viewers of the project area related to lighting, height, size, location,
alignment, and use of the facility or structure.
OMB Control # 0648-0119, expires 08/31/2022.
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| File Type | application/pdf |
| File Title | Coastal Zone Management Act Section 306A Guidance |
| Subject | Coastal Zone Management Act, Section 306A Guidance |
| Author | John Kuriawa;NOAA Office for Coastal Management |
| File Modified | 2019-11-14 |
| File Created | 2019-11-01 |