0648-0661 SUPPORTING STATEMENT Part A

0648-0661 SUPPORTING STATEMENT Part A.docx

Evaluations of Coastal Zone Management Act Programs: State Coastal Management Programs and National Estuarine Research Reserves

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SUPPORTING STATEMENT A

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Evaluations of Coastal Zone Management Act Programs – State Coastal Management Programs and National Estuarine Research Reserve

OMB Control No. 0648-0661


Abstract


This is a request for a revision of an approved information collection. As part of this submission, a few questions will be modified to clarify the information that should be provided as part of the information requests and questionnaires sent to the coastal program and reserve managers. One new question about efforts in racial equity and engagement with underserved communities will be included for coastal management program and reserve managers. A few questions will be revised to clarify and improve the usefulness of responses for the partners and stakeholders’ survey.


Given the addition of a designated research reserve since the last renewal of this information collection, the anticipated designation of additional reserves in the coming years, and an increase in Office for Coastal Management staff capacity to conduct evaluations, the number of CZMA programs to be evaluated, on average, in the next three years will increase from 11 to 12 programs per year. This increase in the number of programs to be evaluated will also increase the number of partner and stakeholder respondents to this information collection.


The Coastal Zone Management Act of 1972, as amended (CZMA; 16 U.S.C. 1451 et seq.) requires that state coastal management programs and national estuarine research reserves developed pursuant to the CZMA and approved by the Secretary of Commerce be evaluated periodically. This request is to collect information to accomplish those evaluations. NOAA's Office for Coastal Management conducts periodic evaluations of the 34 coastal management programs and 30 research reserves and produces written findings for each evaluation. The Office for Coastal Management has access to some documentation regarding each program. However, additional information from each coastal management program and research reserve, as well as information from the program and reserve partners and stakeholders with whom each works, is necessary to evaluate against statutory and regulatory requirements. Different information collection subsets are necessary for 1) coastal management programs, 2) their partners and stakeholders, 3) research reserves, and 4) their partners and stakeholders.


Justification

  1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

The Coastal Zone Management of 1972, as amended (CZMA; 16 U.S.C. 1451 et seq., https://coast.noaa.gov/data/czm/media/CZMA_10_11_06.pdf) requires that state coastal zone management programs (coastal management programs) and national estuarine research reserves (research reserve or reserves) that are developed pursuaant to the CZMA and approved by the Secretary of Commerce be evaluated periodically. This request is for a revision/extension of the information collection to accomplish these evaluations.

Section 1458 of the CZMA (previously numbered Section 312, which has historically been the number used to refer to the evaluation process) and implementing regulations at 15 CFR 923, Subpart L (https://www.ecfr.gov/current/title-15/subtitle-B/chapter-IX/subchapter-B/part-923/subpart-L), require that state coastal management programs be evaluated concerning the extent to which the state has:

  1. Implemented and enforced the program approved by the Secretary;

  2. Addressed the coastal management needs identified in 16 U.S.C. 1452(2)(A) through (K); and

  3. Adhered to the terms of any grant, loan, or cooperative agreement funded under the CZMA.

Section 1461(f) of the CZMA and implementing regulations at 15 CFR 921, Subpart E (https://www.ecfr.gov/current/title-15/subtitle-B/chapter-IX/subchapter-B/part-921/subpart-E?toc=1), require that research reserves be evaluated with regard to:

  1. Their operation and management, including education and interpretive activities;

  2. The research being conducted within the research reserve; and

  3. Adherence to the requirement of section 1458 of the CZMA and procedures set forth in 15 CFR 923.

  1. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.


NOAA’s Office for Coastal Management conducts periodic evaluations of the 34 coastal programs and 30 research reserves and produces written findings for each evaluation. Each coastal program and research reserve will be evaluated (and therefore need to provide information pursuant to this collection request) approximately once every five to six years. Partners and stakeholders of a program and research reserve being evaluated will also be asked to provide information during the same timeframe. Partners and stakeholders include federal government, state government, tribal government and tribal members, regional government entities, local government, non-governmental organizations, non-profit organizations, academia, and business and industry representatives.

NOAA’s Office for Coastal Management has access to documents, information and data submitted in cooperative agreement applications, semi-annual performance progress reports, and certain documentation required by the CZMA and implementing regulations. Performance reports provide information on tasks funded with federal funds and the completion of tasks. However, additional information from each coastal management program and research reserve, as well as information from partners and stakeholders with whom each works, is necessary to evaluate against statutory and regulatory requirements. For example, performance reports do not include information on initiatives and projects that are funded with non CZMA funds, long-term outcomes of initiatives and projects outside the federal award period, and emerging coastal management issues, challenges, and opportunities. Different information collection subsets are necessary for 1) coastal programs, 2) research reserves, 3) partners and stakeholders of coastal programs, and 4) partners and stakeholders of research reserves.

One new question is proposed for the information submittals for coastal program and research reserve managers. Inclusion of a question related to program efforts in advancing racial equity and support for underserved communities will assess efforts of these federally-funded programs in meeting these priorities. This question is consistent with Executive Order 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, January 20, 2021) and the priorities of the Office for Coastal Management and the National Coastal Zone Management Act programs.

In practice, coastal program managers answer questions regarding coastal programs and reserve managers answer questions related to reserves. The surveys are being included as separate documents in this submittal.

New language is proposed for section IV of the coastal management program information collection. These questions will explicitly ask for information on  implementation and/or development of the state’s Coastal Nonpoint Program. These are not new questions, but rather a clarification that responses to these questions on water quality should also include information on the state’s Coastal Nonpoint Program in addition to other water quality efforts.

New language is proposed for section V of the national estuarine research reserve program information collection. Question #32 will explicitly ask for information on the various components of the reserve’s K-12 Estuarine Education Program (KEEP). This is not a new question, but rather a clarification that responses to this question be inclusive of all aspects of KEEP at the reserve.

No substantive changes have been made for the survey of stakeholders/partners. There is an update to the categories that survey participants can select to self-identify with. These categories reflect a standard set of participant categories that the Office for Coastal Management uses for identifying affiliation of participants across office programs.

In all information collections additional, minor changes in wording have been made to the introduction and several questions to provide more clarity.

The information requests, included in this submission, for coastal management programs and for research reserves identify the statutory and/or regulatory citations for evaluation criteria for which the Office for Coastal Management requires the information to determine a program’s compliance during the evaluation.


The information request for coastal management programs contains eight sections:


  • Section I, Questions #1 through #10 and #35 address the administration, operation, and management of the program, as required by 16 USC §1458(a) and 16 USC §1455(d);


  • Section II, Questions #11 through #13 elicit information about the protection of natural resources and coastal habitat, as required by 16 USC §1452 (2)(A);


  • Section III, Questions #14 through #16 request information explaining how the coastal program addresses coastal hazards and the adverse effects of land subsidence and sea level rise, as required by 16 USC §1452(2)(B) and 16 USC §1452 (2)(K);


  • Section IV, Questions #17 through #19 seek information about how the program addresses coastal water quality as required by 16 USC §1452(2)(C);


  • Section V, Questions #20 through #23 request information about how the program addresses coastal dependent uses, siting of major facilities, and community development; assistance to support planning, conservation, and management for living marine resources, including aquaculture facilities; and redevelopment of deteriorating urban waterfronts and ports, as required by 16 USC §1452 (2)(D), (J), and (F);


  • Section VI, Questions #24 through #26 are designed to obtain information about public access, as required by 16 USC §1452 (2)(E);


  • Section VII, Questions #27 through #34 seek information about how the program addresses coordination and simplification for expedited governmental decision making, consultation and coordination with federal agencies, and public and local government participation in coastal management decision making, as required by 16 USC §1452 (2)(G), (H), and (I);


  • Section VIII, existing Question #36 has been renumbered to Question #37. Question #37 is an overarching question about the significant accomplishments and challenges the program had or faced during the evaluation period. A new proposed Question #36 is a question about program’s efforts in  racial equity and engagement with underserved communities that has not been captured in responses to other questions. This new proposed question is consistent with Executive Order 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, January 20, 2021) and the priorities of the Office for Coastal Management and the national CZMA programs.


The information request for national estuarine research reserves contains eight sections:


  • Section I, Questions #1 through #13 address the administration, operations, management, and facilities of the reserve, as required by 16 USC §1458(a), 16 USC §1461(f)(1), and 15 CFR 921.40(b)(1), (3), and (6);


  • Section II, Questions #14 through #17 are designed to obtain information about public access, as required by 16 USC §1458(a) and 15 CFR 921.40(b)(4);


  • Section III, Questions #18 through #20 seek information about the reserve’s land acquisition activities, as required by 16 USC §1458(a) and 15 CFR 921.40(b)(6);


  • Section IV, Questions #21 through #30 request information about the research and monitoring carried out at the reserve, as required by 16 USC §1458(a), 16 USC §1461(f)(1), and 15 CFR 921.40(b)(1) and (2);


  • Section V, Questions #31 through #36 elicit information about the educational activities of the reserve, as required by 16 USC §1458(a), 16 USC §1461(f)(1), and 15 CFR 921.40(b)(1) and (3);


  • Section VI, Questions #37 through #40 are designed to obtain information about the reserve’s Coastal Training Program, as required by 16 USC §1458(a), 16 USC §1461(f)(1), and 15 CFR 921.40(b)(1) and (2);


  • Section VII, Questions #41 through #44 address the reserve’s responsibilities for stewardship of the reserve resources, including resource protection, manipulation, and restoration, as required by 16 USC §1458(a) and 15 CFR 921.40(b)(1) and (7);

  • Section VIII, existing Question #45 has been renumbered to Question #46. Question #46 is an overarching question about the significant accomplishments and challenges the program had or faced during the evaluation period. A new proposed Question #45 is a question about program’s efforts in  racial equity and engagement with underserved communities that has not been captured in responses to other questions. This new proposed question is consistent with Executive Order 13985 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, January 20, 2021) and the priorities of the Office for Coastal Management and the national CZMA programs.


The information request for partners and stakeholders of the coastal programs is in the form of a survey and solicits opinions about:

  • Questions #1, #10, and #11 – general management of the state’s coastal zone, recommendations for improvement, and any other thoughts to share;

  • Questions #2, #3, #4, #5 – accomplishments, strengths, weaknesses, and challenges of the coastal program;

  • Questions #6 and #7 – the effectiveness of, and concerns about, the state permitting process in the coastal zone.

  • Questions #8 and #9 – the effectiveness of, and concerns about, the federal consistency process;

All of the opinions and information are being requested to validate information provided by the coastal program or provide new information or concerns from an outside perspective.

The information request for partners and stakeholders of the national estuarine research reserves is in the form of a survey and solicits opinions about:

  • Questions #1, #6, and #7 – addressing priorities of the National Estuarine Research Reserve System, recommendations for improvement, and any other thoughts to share;

  • Questions #2, #3, #4, and #5 – strengths, accomplishments, weaknesses, and challenges of the reserve;

All of the opinions and information are being requested to validate information provided by the coastal program or provide new information or concerns from an outside perspective.

Because each coastal program and each research reserve has a unique administrative and programmatic framework to accomplish the requirements of the CZMA, there will be no comparisons or aggregation of information between or among any of the coastal programs or research reserves. The information in the form of opinions requested from partners and stakeholders for a particular program evaluation will not be aggregated because each coordinates or collaborates with the program from a unique perspective.

The information collected will not be disseminated to the general public but will be used to support the evaluation findings, which are available to the public. NOAA’s Office for Coastal Management will retain control over the information and safeguard it from improper access, modification, and destruction, consistent with NOAA standards for confidentiality, privacy, and electronic information. See response to Question10 of this Supporting Statement for more information on confidentiality and privacy. The information collected is designed to yield data that meet all applicable information quality guidelines. If NOAA’s Office for Coastal Management should decide to disseminate the information, it will be subject to the quality control measures and pre-dissemination review pursuant to Section 515 of Public Law 106-554.

  1. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

Coastal program and research reserve manager respondents will receive information requests via e-mail with an attached Microsoft Word document, and submittal of the document as a Microsoft Word document or Adobe pdf file will be made via e-mail. Some of their information request responses will be in the form of existing documents. Other information provided by them may require multi-page responses. E-mail and attachments accommodate these requests more efficiently than a web-based survey tool. Partners and stakeholders of coastal programs and of reserves will receive a link to a web-based survey tool such as Survey Monkey and will respond to questions soliciting their opinions through the survey tool. Because these information requests ask for opinions only, these are more easily accommodated by a web-based survey.


  1. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2


NOAA is the only agency charged with administering the CZMA and with evaluating the state coastal management programs and national estuarine research reserves pursuant to the requirements of the CZMA for ongoing approval and operation of the programs. No other similar information collections were found.


  1. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The coastal management program and research reserve partners and stakeholders are almost entirely representatives of federal governments, state governments, tribal government, regional governmental entities, local governments, non-governmental organizations, non-profit organizations, and academia. In a few instances, a small business or other small entity might have some interaction with a coastal management program or research reserve. Those businesses or entities (as well as all other partners and stakeholders) will be asked to complete a questionnaire (the same questionnaire will be used for all stakeholders and partners of a program) through a web-based survey tool. Completion of the questionnaire should take approximately 15 minutes, and respondents have approximately 15 days until the deadline for completion.


  1. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

NOAA would not be able to determine compliance of a state coastal management program or research reserve with the requirements of the CZMA and thus could not determine whether program approval and federal financial assistance should be maintained, modified, or withdrawn. If the collection was conducted less frequently, more time could elapse before a serious problem was addressed.


  1. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.


This collection will be conducted in a manner consistent with OMB guidelines.


  1. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.


A Federal Register Notice published on January 12, 2023 (88 FR 2071) solicited public comments. No comments were received.

The Office for Coastal Management made efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format, and on the data elements to be recorded, disclosed, or reported. The following persons were contacted for their input:

Caitlin Chaffee, Reserve Manager, Narragansett Bay Narragansett Bay National Estuarine Research Reserve, Rhode Island Department of Environmental Management

Chris Peregrin, Manager: Tijuana River National Estuarine Research Reserve, Border Field State Park, and Silver Strand State Beach, California Department of Parks and Recreation.

Brian Thompson, Director, Bureau of Water Protection and Land Reuse/Land and Water Resources Division, Connecticut Department of Energy & Environmental Protection

Will Underwood, Coastal Section Administrator, Alabama Department of Conservation and Natural Resources

The only response received was from Brian Thompson of Connecticut Department of Energy & Environmental Protection:

Overall, we found the information collection process and format to be straightforward and reasonable. While the time and effort required on the part of several staff to compile information and prepare the responses was substantial, it was not complicated or unclear. The questions and prompts in the information request are easily understandable and the requested content makes sense for purposes of understanding the functions of our CMP [Coastal Management Program]. There were no issues with respect to disclosure of sensitive information. The information was readily available, but needed to be compiled from several sources and staff members. As this information collection is required on a 5+ year interval, the effort required is not excessive.

Lastly, the proposed additional question seems appropriate.


  1. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.


No payments or gifts will be provided to respondents.


  1. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

Responses to coastal program and research reserve information requests will not be disseminated or published by the Office for Coastal Management. A summary of responses to the stakeholder survey will be compiled for the coastal program or reserve and the summary will be provided to the program being evaluated and available to the public upon request. However, respondent names will not be linked to survey results.


  1. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.


No sensitive questions are asked.


  1. Provide estimates of the hour burden of the collection of information.


With a total of 64 approved coastal programs and research reserves, 12 individual programmatic evaluations will need to be conducted each year. On average, we can expect that there will 6 evaluations of coastal management programs and 6 evaluations of reserve programs. These figures represent increases from the last time this information collection was renewed. One additional reserve has been designated and an additional staff member has been added to the Office for Coastal Management evaluation team. These factors together represent an increase in the need for more evaluations to occur each year and the capacity to conduct these evaluations. Each year, 12 different CZMA managers (6 coastal program managers and 6 reserve managers) will need to respond to the information request, and an average of 23 partners and stakeholders of each program will provide information (an increase of an average of 18 partners from the last renewal). Thus, the estimated number of respondents is 288 annually (12 CZMA program managers; 276 partners and stakeholders).


Based on previous and recent feedback, the average estimated time per response is 72 hours per manager (71 hours under the previous renewal and an additional one hour for the proposed question on equity and underserved communities). The average estimated time per stakeholder response is 15 minutes as calculated by Survey Monkey and remains unchanged since the previous renewal.


Wage rates were calculated using the May 2021 National Occupational Employment and Wage Estimates. https://www.bls.gov/oes/current/oes_nat.htm#11-0000


Information Collection

Type of Respondent (e.g., Occupational Title)

# of Respondents/year
(a)

Annual # of Responses / Respondent
(b)

Total # of Annual Responses
(c) = (a) x (b)

Burden Hrs / Response
(d)

Total Annual Burden Hrs
(e) = (c) x (d)

Hourly Wage Rate (for Type of Respondent)
(f)

Total Annual Wage Burden Costs
(g) = (e) x (f)

Information Request for Coastal Management Programs

Social and Community Service Managers (11-9151)

6

1

6

72

432

$36.92

$15,949

Information Request for National Estuarine Research Reserves

 Natural Sciences Managers (11-9121)

6

1

6

72

432

$75.05 

$32,422

 Stakeholder Survey (Coastal Management Program and National Estuarine Research Reserve)

Social and Community Service Managers (11-9151)

276

1

276

0.25

69

 $36.92

 $2,584

Totals

 

 

 

288


933

 

  $50,955


  1. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

There are no capital/start-up or ongoing operation/maintenance costs associated with this information collection.


  1. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.





Cost Descriptions

Grade/Step

Loaded Salary /Cost

% of Effort

Fringe (if Applicable)

Total Cost to Government

Federal Oversight

ZA-V, Int 1

 $232,742

2%

 

 $4,655

Federal Staff

ZA-IV, Int 1 (x6)

 $182,952

37% (x6)

 

 $406,153

Contractor Cost

 

 $22,504

100%


$22,504

Travel

 

 

 

 

$36,000

Other Costs:

 

 

 

 

 0

TOTAL

 

 

 

 

 $469,312



  1. Explain the reasons for any program changes or adjustments reported in ROCIS.


Information Collection

Respondents

Responses

Burden Hours

Reason for change or adjustment

Current Renewal / Revision

Previous Renewal / Revision

Current Renewal / Revision

Previous Renewal / Revision

Current Renewal / Revision

Previous Renewal / Revision

Information Request for Coastal Management Programs

11 

 6

11

432

781

 There is an increase in the number of programs evaluated each year. The number of federally approved CZMA programs has increased and the Office for Coastal Management has additional staff capacity to conduct evaluations.


The burden hour per response has increased by one hour per response due to the addition of a new question on racial equity and underserved communities.

Information Request for National Estuarine Research Reserves

6

 6

432 

 Stakeholder Survey (Coastal Management Program and National Estuarine Research Reserve)

276 

198

276 

198

69

50 

 The time required to complete stakeholder surveys has remained the same. Over the last three-year period, the average number of respondents per survey has increased from 18 to 23. In addition, the Office for Coastal Management plans to conduct an additional evaluation each year.

Total for Collection

 288

209

 288

209

 933

 831

 

Difference

+79

+79

 +102

 



Information Collection

Labor Costs

Miscellaneous Costs

Reason for change or adjustment

Current

Previous

Current

Previous

Information Request for Coastal Management Programs

$15,949

$47,558

0

0

Labor rates updated using 2021 data.

Information Request for National Estuarine Research Reserves

$32,422

0

0

 Stakeholder Survey (Coastal Management Program and National Estuarine Research Reserve)

$2,584

0

0

Total for Collection

$50,955

$47,588

0

0

 

Difference

+$3,367

 



  1. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

The collection results will not be published.


  1. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The agency plans to display the expiration date for OMB approval of the information collection on all instruments.


  1. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions."

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

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