15 CFR Part 921 NERRS Regulations

Code of Federal Regulations
Title 15, Volume 3, Revised as of January 1, 2003
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR921]
TITLE 15--COMMERCE AND FOREIGN TRADE
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION,
DEPARTMENT OF COMMERCE
PART 921--NATIONAL ESTUARINE RESEARCH RESERVE SYSTEM
REGULATIONS
Subpart A--General
921.1 Mission, goals and general provisions.
921.2 Definitions.
921.3 National Estuarine Research Reserve System Biogeographic Classification Scheme
and Estuarine Typologies.
921.4 Relationship to other provisions of the Coastal Zone Management Act and the
Marine Protection, Research and Sanctuaries Act.
Subpart B--Site Selection, Post Site Selection and Management Plan Development
921.10 General.
921.11 Site selection and feasibility.
921.12 Post site selection.
921.13 Management plan and environmental impact statement development.
Subpart C--Acquisition, Development and Preparation of the Final Management
Plan
921.20 General.
921.21 Initial acquisition and development awards.
Subpart D--Reserve Designation and Subsequent Operation
921.30 Designation of National Estuarine Research Reserves.
921.31 Supplemental acquisition and development awards.
921.32 Operation and management: Implementation of the management plan.
921.33 Boundary changes, amendments to the management plan, and addition of
multiple-site components.
Subpart E--Ongoing Oversight, Performance Evaluation and Withdrawal of
Designation
921.40 Ongoing oversight and evaluations of designated National Estuarine Research
Reserves.
921.41 Withdrawal of designation.

Subpart F--Special Research Projects
921.50 General.
921.51 Estuarine research guidelines.
921.52 Promotion and coordination of estuarine research.
Subpart G--Special Monitoring Projects
921.60 General.
Subpart H--Special Interpretation and Education Projects
921.70 General.
Subpart I--General Financial Assistance Provisions
921.80 Application information.
921.81 Allowable costs.
921.82 Amendments to financial assistance awards.
Appendix I to Part 921--Biogeographic Classification Scheme
Appendix II to Part 921--Typology of National Estuarine Research Reserves
Authority: Section 315 of the Coastal Zone Management Act, as amended (16 U.S.C.
1461).
Source: 58 FR 38215, July 15, 1993, unless otherwise noted.

Sec. 921.1 Mission, goals and general provisions.
(a) The mission of the National Estuarine Research Reserve Program is the establishment
and management, through Federal-state cooperation, of a national system (National
Estuarine Research Reserve System or System) of estuarine research reserves (National
Estuarine Research Reserves or Reserves) representative of the various regions and
estuarine types in the United States. National Estuarine Research Reserves are established
to provide opportunities for long-term research, education, and interpretation.
(b) The goals of the Program are to:
1. Ensure a stable environment for research through long-term protection of National
Estuarine Research Reserve resources;
2. Address coastal management issues identified as significant through coordinated
estuarine research within the System;
3. Enhance public awareness and understanding of estuarine areas and provide
suitable opportunities for public education and interpretation;
4. Promote Federal, state, public and private use of one or more Reserves within the
System when such entities conduct estuarine research; and
5. Conduct and coordinate estuarine research within the System, gathering and
making available information necessary for improved understanding and
management of estuarine areas.
(c) National Estuarine Research Reserves shall be open to the public to the extent
permitted under state and Federal law. Multiple uses are allowed to the degree compatible
with each Reserve's overall purpose as provided in the management plan (see Sec.
921.13) and consistent with paragraphs (a) and (b) of this section. Use levels are set by
the state where the Reserve is located and analyzed in the management plan. The Reserve
management plan shall describe the uses and establish priorities among these uses. The
plan shall identify uses requiring a state permit, as well as areas where uses are
encouraged or prohibited. Consistent with resource protection and research objectives,
public access and use may be restricted to certain areas or components within a Reserve.
(d) Habitat manipulation for research purposes is allowed consistent with the following
limitations. Manipulative research activities must be specified in the management plan,
be consistent with the mission and goals of the program (see paragraphs (a) and (b) of
this section) and the goals and objectives set forth in the Reserve's management plan, and
be limited in nature and extent to the minimum manipulative activity necessary to
accomplish the stated research objective. Manipulative research activities with a
significant or long-term impact on Reserve resources require the prior approval of the
state and the National Oceanic and Atmospheric Administration (NOAA). Manipulative
research activities which can reasonably be expected to have a significant adverse impact
on the estuarine resources and habitat of a Reserve, such that the activities themselves or
their resulting short- and long-term consequences compromise the representative
character and integrity of a Reserve, are prohibited. Habitat manipulation for resource
management purposes is prohibited except as specifically approved by NOAA as: (1) A

restoration activity consistent with paragraph (e) of this section; or (2) an activity
necessary for the protection of public health or the preservation of other sensitive
resources which have been listed or are eligible for protection under relevant Federal or
state authority (e.g., threatened/endangered species or significant historical or cultural
resources) or if the manipulative activity is a long-term pre-existing use (i.e., has
occurred prior to designation) occurring in a buffer area. If habitat manipulation is
determined to be necessary for the protection of public health, the preservation of
sensitive resources, or if the manipulation is a long-term pre-existing use in a buffer area,
then these activities shall be specified in the Reserve management plan in accordance
with Sec. 921.13(a)(10) and shall be limited to the reasonable alternative which has the
least adverse and shortest term impact on the representative and ecological integrity of
the Reserve.
(e) Under the Act an area may be designated as an estuarine Reserve only if the area is a
representative estuarine ecosystem that is suitable for long-term research. Many estuarine
areas have undergone some ecological change as a result of human activities (e.g.,
hydrological changes, intentional/unintentional species composition changes--introduced
and exotic species). In those areas proposed or designated as National Estuarine Research
Reserves, such changes may have diminished the representative character and integrity of
the site. Although restoration of degraded areas is not a primary purpose of the System,
such activities may be permitted to improve the representative character and integrity of a
Reserve. Restoration activities must be carefully planned and approved by NOAA
through the Reserve management plan. Historical research may be necessary to determine
the ``natural'' representative state of an estuarine area (i.e., an estuarine ecosystem
minimally affected by human activity or influence). Frequently, restoration of a degraded
estuarine area will provide an excellent opportunity for management oriented research.
(f) NOAA may provide financial assistance to coastal states, not to exceed, per Reserve,
50 percent of all actual costs or $5 million whichever amount is less, to assist in the
acquisition of land and waters, or interests therein. NOAA may provide financial
assistance to coastal states not to exceed 70 percent of all actual costs for the
management and operation of, the development and construction of facilities, and the
conduct of educational or interpretive activities concerning Reserves (see subpart I).
NOAA may provide financial assistance to any coastal state or public or private person,
not to exceed 70 percent of all actual costs, to support research and monitoring within a
Reserve. Notwithstanding any financial assistance limits established by this Part, when
financial assistance is provided from amounts recovered as a result of damage to natural
resources located in the coastal zone, such assistance may be used to pay 100 percent of
all actual costs of activities carrier out with this assistance, as long as such funds are
available. Predesignation, acquisition and development, operation and management,
special research and monitoring, and special education and interpretation awards are
available under the National Estuarine Reserve Program. Predesignation awards are for
site selection/feasibility, draft management plan preparation and conduct of basic
characterization studies. Acquisition and development awards are intended primarily for
acquisition of interests in land, facility construction and to develop and/or upgrade
research, monitoring and education programs. Operation and management awards

provide funds to assist in implementing, operating and managing the administrative, and
basic research, monitoring and education programs, outlined in the Reserve management
plan. Special research and monitoring awards provide funds to conduct estuarine research
and monitoring projects with the System. Special educational and interpretive awards
provide funds to conduct estuarine educational and interpretive projects within the
System.
(g) Lands already in protected status managed by other Federal agencies, state or local
governments, or private organizations may be included within National Estuarine
Research Reserves only if the managing entity commits to long-term management
consistent with paragraphs (d) and (e) of this section in the Reserve management plan.
Federal lands already in protected status may not comprise a majority of the key land and
water areas of a Reserve (see Sec. 921.11(c)(3)).
(h) To assist the states in carrying out the Program's goals in an effective manner, NOAA
will coordinate a research and education information exchange throughout the National
Estuarine Research Reserve System. As part of this role, NOAA will ensure that
information and ideas from one Reserve are made available to others in the System. The
network will enable Reserves to exchange information and research data with each other,
with universities engaged in estuarine research, and with Federal, state, and local
agencies. NOAA's objective is a system- wide program of research and monitoring
capable of addressing the management issues that affect long-term productivity of our
Nation's estuaries.
[58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717,
May 14, 1998].

Sec. 921.2 Definitions
(a) Act means the Coastal Zone Management Act of 1972, as amended, 16 U.S.C. 1451 et
seq.
(b) Assistant Administrator means the Assistant Administrator for Ocean Services and
Coastal Zone Management or delegee.
(c) Coastal state means a state of the United States, in or bordering on, the Atlantic,
Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or one or more of the
Great Lakes. For the purposes of these regulations the term also includes Puerto Rico, the
Virgin Islands, Guam, the Commonwealth of the Northern Marianas Islands, the Trust
Territories of the Pacific Islands, and American Samoa (see 16 U.S.C. 1453(4)).
(d) State agency means an instrumentality of a coastal state to whom the coastal state has
delegated the authority and responsibility for the creation and/or management/operation
of a National Estuarine Research Reserve. Factors indicative of this authority may
include the power to receive and expend funds on behalf of the Reserve, acquire and sell
or convey real and personal property interests, adopt rules for the protection of the
Reserve, enforce rules applicable to the Reserve, or develop and implement research and
education programs for the reserve. For the purposes of these regulations, the terms
``coastal state'' and ``State agency'' shall be synonymous.
(e) Estuary means that part of a river or stream or other body of water having unimpaired
connection with the open sea, where the sea water is measurably diluted with fresh water
derived from land drainage. The term also includes estuary-type areas with measurable
freshwater influence and having unimpaired connections with the open sea, and estuarytype areas of the Great Lakes and their connecting waters (see 16 U.S.C. 1453(7)).
(f) National Estuarine Research Reserve means an area that is a representative estuarine
ecosystem suitable for long-term research, which may include all of the key land and
water portion of an estuary, and adjacent transitional areas and uplands constituting to the
extent feasible a natural unit, and which is set aside as a natural field laboratory to
provide long-term opportunities for research, education, and interpretation on the
ecological relationships within the area (see 16 U.S.C. 1453(8)) and meets the
requirements of 16 U.S.C. 1461(b). This includes those areas designated as National
Estuarine Sanctuaries or Reserves under section 315 of the Act prior to enactment of the
Coastal Zone Act Reauthorization Amendments of 1990 and each area subsequently
designated as a National Estuarine Research Reserve.

Sec. 921.3 National Estuarine Research Reserve System Biogeographic
Classification Scheme and Estuarine Typologies.
(a) National Estuarine Research Reserves are chosen to reflect regional differences and to
include a variety of ecosystem types. A biogeographic classification scheme based on
regional variations in the nation's coastal zone has been developed. The biogeographic
classification scheme is used to ensure that the National Estuarine Research Reserve
System includes at least one site from each region. The estuarine typology system is
utilized to ensure that sites in the System reflect the wide range of estuarine types within
the United States.
(b) The biogeographic classification scheme, presented in appendix I, contains 29
regions. Figure 1 graphically depicts the biogeographic regions of the United States.
(c) The typology system is presented in appendix II..

Sec. 921.4 Relationship to other provisions of the Coastal Zone Management Act,
and to the Marine Protection, Research and Sanctuaries Act.
(a) The National Estuarine Research Reserve System is intended to provide information
to state agencies and other entities involved in addressing coastal management issues.
Any coastal state, including those that do not have approved coastal management
programs under section 306 of the Act, is eligible for an award under the National
Estuarine Research Reserve Program (see Sec. 921.2(c)).
(b) For purposes of consistency review by states with a federally approved coastal
management program, the designation of a National Estuarine Research Reserve is
deemed to be a Federal activity, which, if directly affecting the state's coastal zone, must
be undertaken in a manner consistent to the maximum extent practicable with the
approved state coastal management program as provided by section 1456(c)(1) of the
Act, and implementing regulations at 15 CFR part 930, subpart C. In accordance with
section 1456(c)(1) of the Act and the applicable regulations NOAA will be responsible
for certifying that designation of the Reserve is consistent with the state's approved
coastal management program. The state must concur with or object to the certification. It
is recommended that the lead state agency for Reserve designation consult, at the earliest
practicable time, with the appropriate state officials concerning the consistency of a
proposed National Estuarine Research Reserve.
(c) The National Estuarine Research Reserve Program will be administered in close
coordination with the National Marine Sanctuary Program (Title III of the Marine
Protection, Research and Sanctuaries Act, as amended, 16 U.S.C. 1431-1445), also
administered by NOAA. Title III authorizes the Secretary of Commerce to designate
discrete areas of the marine environment as National Marine Sanctuaries to protect or
restore such areas for their conservation, recreational, ecological, historical, research,

educational or esthetic values. National Marine Sanctuaries and Estuarine Research
Reserves may not overlap, but may be adjacent.

Sec. 921.10 General.
(a) A coastal state may apply for Federal financial assistance for the purpose of site
selection, preparation of documents specified in Sec. 921.13 (draft management plan
(DMP) and environmental impact statement (EIS)), and the conduct of limited basic
characterization studies. The total Federal share of this assistance may not exceed
$100,000. Federal financial assistance for preacquisition activities under Sec. 921.11 and
Sec. 921.12 is subject to the total $5 million for which each Reserve is eligible for land
acquisition. Notwithstanding the above, when financial assistance is provided from
amounts recovered as a result of damage to natural resources located in the coastal zone,
such assistance may be used to pay 100 percent of all actual costs of activities carried out
with this assistance, as long as such funds are available. In the case of a biogeographic
region (see appendix I) shared by two or more coastal states, each state is eligible for
Federal financial assistance to establish a separate National Estuarine Research Reserve
within their respective portion of the shared biogeographic region. Each separate National
Estuarine Research Reserve is eligible for the full complement of funding. Financial
assistance application procedures are specified in subpart I.
(b) In developing a Reserve program, a state may choose to develop a multiple-site
Reserve reflecting a diversity of habitats in a single biogeographic region. A multiple-site
Reserve allows the state to develop complementary research and educational programs
within the individual components of its multi-site Reserve. Multiple-site Reserves are
treated as one Reserve in terms of financial assistance and development of an overall
management framework and plan. Each individual site of a proposed multiple-site
Reserve shall be evaluated both separately under Sec. 921.11(c) and collectively as part
of the site selection process. A coastal state may propose to establish a multiple-site
Reserve at the time of the initial site selection, or at any point in the development or
operation of the Reserve. If the state decides to develop a multiple-site National Estuarine
Research Reserve after the initial acquisition and development award is made for a single
site, the proposal is subject to the requirements set forth in Sec. 921.33(b). However, a
state may not propose to add one or more sites to an already designated Reserve if the
operation and management of such Reserve has been found deficient and uncorrected or
the research conducted is not consistent with the Estuarine Research Guidelines
referenced in Sec. 921.51. In addition, Federal funds for the acquisition of a multiple-site
Reserve remain limited to $5,000,000 (see Sec. 921.20). The funding for operation of a
multiple-site Reserve is limited to the maximum allowed for any one Reserve per year
(see Sec. 921.32(c)) and preacquisition funds are limited to $100,000 per Reserve.
Notwithstanding the above, when financial assistance is provided from amounts
recovered as a result of damage to natural resources located in the coastal zone, such
assistance may be used to pay 100 percent of all actual costs of activities carrier out with
this assistance, as long as such funds are available.

[58 FR 38215, July 15, 1993, as amended at 63 FR 26717, May 14, 1998].

Sec. 921.11 Site selection and feasibility.
(a) A coastal state may use Federal funds to establish and implement a site selection
process which is approved by NOAA.
(b) In addition to the requirements set forth in subpart I, a request for Federal funds for
site selection must contain the following programmatic information:
1. A description of the proposed site selection process and how it will be
implemented in conformance with the biogeographic classification scheme and
typology (Sec. 921.3);
2. An identification of the site selection agency and the potential management
agency; and
3. A description of how public participation will be incorporated into the process
(see Sec. 921.11(d)).
(c) As part of the site selection process, the state and NOAA shall evaluate and select the
final site(s). NOAA has final authority in approving such sites. Site selection shall be
guided by the following principles:
1. The site's contribution to the biogeographical and typological balance of the
National Estuarine Research Reserve System. NOAA will give priority
consideration to proposals to establish Reserves in biogeographic regions or
subregions or incorporating types that are not represented in the system. (see the
biogeographic classification scheme and typology set forth in Sec. 921.3 and
appendices I and II);
2. The site's ecological characteristics, including its biological productivity, diversity
of flora and fauna, and capacity to attract a broad range of research and
educational interests. The proposed site must be a representative estuarine
ecosystem and should, to the maximum extent possible, be an estuarine ecosystem
minimally affected by human activity or influence (see Sec. 921.1(e)).
3. Assurance that the site's boundaries encompass an adequate portion of the key
land and water areas of the natural system to approximate an ecological unit and
to ensure effective conservation. Boundary size will vary greatly depending on the
nature of the ecosystem. Reserve boundaries must encompass the area within
which adequate control has or will be established by the managing entity over
human activities occurring within the Reserve. Generally, Reserve boundaries
will encompass two areas: Key land and water areas (or ``core area'') and a buffer
zone. Key land and water areas and a buffer zone will likely require significantly
different levels of control (see Sec. 921.13(a)(7)). The term ``key land and water
areas'' refers to that core area within the Reserve that is so vital to the functioning
of the estuarine ecosystem that it must be under a level of control sufficient to

ensure the long-term viability of the Reserve for research on natural processes.
Key land and water areas, which comprise the core area, are those ecological units
of a natural estuarine system which preserve, for research purposes, a full range of
significant physical, chemical and biological factors contributing to the diversity
of fauna, flora and natural processes occurring within the estuary. The
determination of which land and water areas are ``key'' to a particular Reserve
must be based on specific scientific knowledge of the area. A basic principle to
follow when deciding upon key land and water areas is that they should
encompass resources representative of the total ecosystem, and which if
compromised could endanger the research objectives of the Reserve. The term
buffer zone refers to an area adjacent to or surrounding key land and water areas
and essential to their integrity. Buffer zones protect the core area and provide
additional protection for estuarine-dependent species, including those that are rare
or endangered. When determined appropriate by the state and approved by
NOAA, the buffer zone may also include an area necessary for facilities required
for research and interpretation. Additionally, buffer zones should be established
sufficient to accommodate a shift of the core area as a result of biological,
ecological or geomorphological change which reasonably could be expected to
occur. National Estuarine Research Reserves may include existing Federal or state
lands already in a protected status where mutual benefit can be enhanced.
However, NOAA will not approve a site for potential National Estuarine Research
Reserve status that is dependent primarily upon the inclusion of currently
protected Federal lands in order to meet the requirements for Reserve status (such
as key land and water areas). Such lands generally will be included within a
Reserve to serve as a buffer or for other ancillary purposes; and may be included,
subject to NOAA approval, as a limited portion of the core area;
4. The site's suitability for long-term estuarine research, including ecological factors
and proximity to existing research facilities and educational institutions;
5. The site's compatibility with existing and potential land and water uses in
contiguous areas as well as approved coastal and estuarine management plans;
and
6. The site's importance to education and interpretive efforts, consistent with the
need for continued protection of the natural system.
(d) Early in the site selection process the state must seek the views of affected
landowners, local governments, other state and Federal agencies and other parties who
are interested in the area(s) being considered for selection as a potential National
Estuarine Research Reserve. After the local government(s) and affected landowner(s)
have been contacted, at least one public meeting shall be held in the vicinity of the
proposed site. Notice of such a meeting, including the time, place, and relevant subject
matter, shall be announced by the state through the area's principal newspaper at least 15
days prior to the date of the meeting and by NOAA in the Federal Register.
(e) A state request for NOAA approval of a proposed site (or sites in the case of a multisite Reserve) must contain a description of the proposed site(s) in relationship to each of
the site selection principals (Sec. 921.11(c)) and the following information:

1. An analysis of the proposed site(s) based on the biogeographical scheme/typology
discussed in Sec. 921.3 and set forth in appendices I and II;
2. A description of the proposed site(s) and its (their) major resources, including
location, proposed boundaries, and adjacent land uses. Maps are required;
3. A description of the public participation process used by the state to solicit the
views of interested parties, a summary of comments, and, if interstate issues are
involved, documentation that the Governor(s) of the other affected state(s) has
been contacted. Copies of all correspondence, including contact letters to all
affected landowners must be appended;
4. A list of all sites considered and a brief statement of the reasons why a site was
not preferred; and
5. A nomination of the proposed site(s) for designation as a National Estuarine
Research Reserve by the Governor of the coastal state in which the state is
located.
(f) A state proposing to reactivate an inactive site, previously approved by NOAA for
development as an Estuarine Sanctuary or Reserve, may apply for those funds remaining,
if any, provided for site selection and feasibility (Sec. 921.11a)) to determine the
feasibility of reactivation. This feasibility study must comply with the requirements set
forth in Sec. 921.11 (c) through (e).

Sec. 921.12 Post site selection.
(a) At the time of the coastal state's request for NOAA approval of a proposed site, the
state may submit a request for funds to develop the draft management plan and for
preparation of the EIS. At this time, the state may also submit a request for the remainder
of the predesignation funds to perform a limited basic characterization of the physical,
chemical and biological characteristics of the site approved by NOAA necessary for
providing EIS information to NOAA. The state's request for these post site selection
funds must be accompanied by the information specified in subpart I and, for draft
management plan development and EIS information collection, the following
programmatic information:
1. A draft management plan outline (see Sec. 921.13(a) below); and
2. An outline of a draft memorandum of understanding (MOU) between the state
and NOAA detailing the Federal-state role in Reserve management during the
initial period of Federal funding and expressing the state's long-term commitment
to operate and manage the Reserve.
(b) The state is eligible to use the funds referenced in Sec. 921.12(a) after the proposed
site is approved by NOAA under the terms of Sec. 921.11.

Sec. 921.13 Management plan and environmental impact statement development.
(a) After NOAA approves the state's proposed site and application for funds submitted
pursuant to Sec. 921.12, the state may begin draft management plan development and the
collection of information necessary for the preparation by NOAA of an EIS. The state
shall develop a draft management plan, including an MOU. The plan shall set out in
detail:
1. Reserve goals and objectives, management issues, and strategies or actions for
meeting the goals and objectives;
2. An administrative plan including staff roles in administration, research,
education/interpretation, and surveillance and enforcement;
3. A research plan, including a monitoring design;
4. An education/interpretive plan;
5. A plan for public access to the Reserve;
6. A construction plan, including a proposed construction schedule, general
descriptions of proposed developments and general cost estimates. Information
should be provided for proposed minor construction projects in sufficient detail to
allow these projects to begin in the initial phase of acquisition and development.
A categorical exclusion, environmental assessment, or EIS may be required prior
to construction;
7. (i) An acquisition plan identifying the ecologically key land and water areas of the
Reserve, ranking these areas according to their relative importance, and including
a strategy for establishing adequate long-term state control over these areas
sufficient to provide protection for Reserve resources to ensure a stable
environment for research. This plan must include an identification of ownership
within the proposed Reserve boundaries, including land already in the public
domain; the method(s) of acquisition which the state proposes to use--acquisition
(including less-than-fee simple options) to establish adequate long-term state
control; an estimate of the fair market value of any property interest--which is
proposed for acquisition; a schedule estimating the time required to complete the
process of establishing adequate state control of the proposed research reserve;
and a discussion of any anticipated problems. In selecting a preferred method(s)
for establishing adequate state control over areas within the proposed boundaries
of the Reserve, the state shall perform the following steps for each parcel
determined to be part of the key land and water areas (control over which is
necessary to protect the integrity of the Reserve for research purposes), and for
those parcels required for research and interpretive support facilities or buffer
purposes:
(A) Determine, with appropriate justification, the minimum level of control(s)
required [e.g., management agreement, regulation, less-than-fee simple property
interest (e.g., conservation easement), fee simple property acquisition, or a
combination of these approaches]. This does not preclude the future necessity of
increasing the level of state control;
(B) Identify the level of existing state control(s);
(C) Identify the level of additional state control(s), if any, necessar to meet the

minimum requirements identified in paragraph (a)(7)(i)(A) of this section;
(D) Examine all reasonable alternatives for attaining the level of control identified
in paragraph (a)(7)(i)(C) of this section, and perform a cost analysis of each; and
(E) Rank, in order of cost, the methods (including acquisition) identified in
paragraph (a)(7)(i)(D) of this section.
(ii) An assessment of the relative cost-effectiveness of control alternatives shall
include a reasonable estimate of both short-term costs (e.g., acquisition of
property interests, regulatory program development including associated
enforcement costs, negotiation, adjudication, etc.) and long-term costs (e.g.,
monitoring, enforcement, adjudication, management and coordination). In
selecting a preferred method(s) for establishing adequate state control over each
parcel examined under the process described above, the state shall give priority
consideration to the least costly method(s) of attaining the minimum level of longterm control required. Generally, with the possible exception of buffer areas
required for support facilities, the level of control(s) required for buffer areas will
be considerably less than that required for key land and water areas. This
acquisition plan, after receiving the approval of NOAA, shall serve as a guide for
negotiations with landowners. A final boundary for the reserve shall be delineated
as a part of the final management plan;
8. A resource protection plan detailing applicable authorities, including allowable
uses, uses requiring a permit and permit requirements, any restrictions on use of
the research reserve, and a strategy for research reserve surveillance and
enforcement of such use restrictions, including appropriate government
enforcement agencies;
9. If applicable, a restoration plan describing those portions of the site that may
require habitat modification to restore natural conditions;
10. If applicable, a resource manipulation plan, describing those portions of the
Reserve buffer in which long-term pre-existing (prior to designation)
manipulation for reasons not related to research or restoration is occurring. The
plan shall explain in detail the nature of such activities, shall justify why such
manipulation should be permitted to continue within the reserve buffer; and shall
describe possible effects of this manipulation on key land and water areas and
their resources;
11. A proposed memorandum of understanding (MOU) between the state and NOAA
regarding the Federal-state relationship during the establishment and development
of the National Estuarine Research Reserve, and expressing a long-term
commitment by the state to maintain and manage the Reserve in accordance with
section 315 of the Act, 16 U.S.C. 1461, and applicable regulations. In conjunction
with the MOU, and where possible under state law, the state will consider taking
appropriate administrative or legislative action to ensure the long-term protection
and operation of the National Estuarine Research Reserve. If other MOUs are
necessary (such as with a Federal agency, another state agency or private
organization), drafts of such MOUs must be included in the plan. All necessary
MOU's shall be signed prior to Reserve designation; and

12. If the state has a federally approved coastal management program, a certification
that the National Estuarine Research Reserve is consistent to the maximum extent
practicable with that program. See Secs. 921.4(b) and 921.30(b).
(b) Regarding the preparation of an EIS under the National Environmental Policy Act on
a National Estuarine Research Reserve proposal, the state and NOAA shall collect all
necessary information concerning the socioeconomic and environmental impacts
associated with implementing the draft management plan and feasible alternatives to the
plan. Based on this information, the state will draft and provide NOAA with a
preliminary EIS.
(c) Early in the development of the draft management plan and the draft EIS, the state
and NOAA shall hold a scoping meeting (pursuant to NEPA) in the area or areas most
affected to solicit public and government comments on the significant issues related to
the proposed action. NOAA will publish a notice of the meeting in the Federal Register at
least 15 days prior to the meeting. The state shall be responsible for publishing a similar
notice in the local media.
(d) NOAA will publish a Federal Register notice of intent to prepare a draft EIS. After
the draft EIS is prepared and filed with the Environmental Protection Agency (EPA), a
Notice of Availability of the draft EIS will appear in the Federal Register. Not less than
30 days after publication of the notice, NOAA will hold at least one public hearing in the
area or areas most affected by the proposed national estuarine research reserve. The
hearing will be held no sooner than 15 days after appropriate notice of the meeting has
been given in the principal news media by the state and in the Federal Register by
NOAA. After a 45-day comment period, a final EIS will be prepared by the state and
NOAA.

Sec. 921.20 General.
The acquisition and development period is separated into two major phases. After NOAA
approval of the site, draft management plan and draft MOU, and completion of the final
EIS, a coastal state is eligible for an initial acquisition and development award(s). In this
initial phase, the state should work to meet the criteria required for formal research
reserve designation; e.g., establishing adequate state control over the key land and water
areas as specified in the draft management plan and preparing the final management plan.
These requirements are specified in Sec. 921.30. Minor construction in accordance with
the draft management plan may also be conducted during this initial phase. The initial
acquisition and development phase is expected to last no longer than three years. If
necessary, a longer time period may be negotiated between the state and NOAA. After
Reserve designation, a state is eligible for a supplemental acquisition and development
award(s) in accordance with Sec. 921.31. In this post-designation acquisition and
development phase, funds may be used in accordance with the final management plan to
construct research and educational facilities, complete any remaining land acquisition, for
program development, and for restorative activities identified in the final management

plan. In any case, the amount of Federal financial assistance provided to a coastal state
with respect to the acquisition of lands and waters, or interests therein, for any one
National Estuarine Research Reserve may not exceed an amount equal to 50 percent of
the costs of the lands, waters, and interests therein or $5,000,000, whichever amount is
less, except when the financial assistance is provided from amounts recovered as a result
of damage to natural resources located in the coastal zone, in which case the assistance
may be used to pay 100 percent of all actual costs of activities carrier out with this
assistance, as long as such funds are available.
[58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717,
May 14, 1998].

Sec. 921.21 Initial acquisition and development awards.
(a) Assistance is provided to aid the recipient prior to designation in:
1. Acquiring a fee simple or less-than-fee simple real property interest in land and
water areas to be included in the Reserve boundaries (see Sec. 921.13(a)(7); Sec.
921.30(d));
2. Minor construction, as provided in paragraphs (b) and (c) of this section;
3. Preparing the final management plan; and
4. Initial management costs, e.g., for implementing the NOAA approved draft
management plan, hiring a Reserve manager and other staff as necessary and for
other management-related activities. Application procedures are specified in
subpart I.
(b) The expenditure of Federal and state funds on major construction activities is not
allowed during the initial acquisition and development phase. The preparation of
architectural and engineering plans, including specifications, for any proposed
construction, or for proposed restorative activities, is permitted. In addition, minor
construction activities, consistent with paragraph (c) of this section also are allowed. The
NOAA-approved draft management plan must, however, include a construction plan and
a public access plan before any award funds can be spent on construction activities.
(c) Only minor construction activities that aid in implementing portions of the
management plan (such as boat ramps and nature trails) are permitted during the initial
acquisition and development phase. No more than five (5) percent of the initial
acquisition and development award may be expended on such activities. NOAA must
make a specific determination, based on the final EIS, that the construction activity will
not be detrimental to the environment.
(d) Except as specifically provided in paragraphs (a) through (c) of this section,
construction projects, to be funded in whole or in part under an acquisition and
development award(s), may not be initiated until the Reserve receives formal designation
(see Sec. 921.30). This requirement has been adopted to ensure that substantial progress

in establishing adequate state control over key land and water areas has been made and
that a final management plan is completed before major sums are spent on construction.
Once substantial progress in establishing adequate state control/acquisition has been
made, as defined by the state in the management plan, other activities guided by the final
management plan may begin with NOAA's approval.
(e) For any real property acquired in whole or part with Federal funds for the Reserve, the
state shall execute suitable title documents to include substantially the following
provisions, or otherwise append the following provisions in a manner acceptable under
applicable state law to the official land record(s):
1. Title to the property conveyed by this deed shall vest in the [recipient of the
award granted pursuant to section 315 of the Act, 16 U.S.C. 1461 or other NOAA
approved state agency] subject to the condition that the designation of the [name
of National Estuarine Reserve] is not withdrawn and the property remains part of
the federally designated [name of National Estuarine Research Reserve]; and
2. In the event that the property is no longer included as part of the Reserve, or if the
designation of the Reserve of which it is part is withdrawn, then NOAA or its
successor agency, after full and reasonable consultation with the State, may
exercise the following rights regarding the disposition of the property:
(i) The recipient may retain title after paying the Federal Government an amount
computed by applying the Federal percentage of participation in the cost of the
original project to the current fair market value of the property;
(ii) If the recipient does not elect to retain title, the Federal Government may
either direct the recipient to sell the property and pay the Federal Government an
amount computed by applying the Federal percentage of participation in the cost
of the original project to the proceeds from the sale (after deducting actual and
reasonable selling and repair or renovation expenses, if any, from the sale
proceeds), or direct the recipient to transfer title to the Federal Government. If
directed to transfer title to the Federal Government, the recipient shall be entitled
to compensation computed by applying the recipient's percentage of participation
in the cost of the original project to the current fair market value of the property;
and
(iii) Fair market value of the property must be determined by an independent
appraiser and certified by a responsible official of the state, as provided by
Department of Commerce regulations at 15 CFR part 24, and Uniform Relocation
Assistance and Real Property Acquisition for Federal and Federally assisted
programs at 15 CFR part 11.
(f) Upon instruction by NOAA, provisions analogous to those of Sec. 921.21(e) shall be
included in the documentation underlying less-then-fee-simple interests acquired in
whole or part with Federal funds.
(g) Federal funds or non-Federal matching share funds shall not be spent to acquire a real
property interest in which the state will own the land concurrently with another entity
unless the property interest has been identified as a part of an acquisition strategy

pursuant to Sec. 921.13(7) which has been approved by NOAA prior to the effective date
of these regulations.
(h) Prior to submitting the final management plan to NOAA for review and approval, the
state shall hold a public meeting to receive comment on the plan in the area affected by
the estuarine research reserve. NOAA will publish a notice of the meeting in the Federal
Register at least 15 days prior to the public meeting. The state shall be responsible for
having a similar notice published in the local newspaper(s).

Sec. 921.30 Designation of National Estuarine Research Reserves.
(a) The Under Secretary may designate an area proposed for designation by the Governor
of the state in which it is located, as a National Esturaine Research Reserve if the Under
Secretary finds:
1. The area is a representative estuarine ecosystem that is suitable for long-term
research and contributes to the biogeographical and typological balance of the
System;
2. Key land and water areas of the proposed Reserve, as identified in the
management plan, are under adequate state control sufficient to provide long-term
protection for reserve resources to ensure a stable environment for research;
3. Designation of the area as a Reserve will serve to enhance public awareness and
understanding of estuarine areas, and provide suitable opportunities for public
education and interpretation;
4. A final management plan has been approved by NOAA;
5. An MOU has been signed between the state and NOAA ensuring a long-term
commitment by the state to the effective operation and implementation of the area
as a National Estuarine Research Reserve;
6. All MOU's necessary for reserve management (i.e., with relevant Federal, state,
and local agencies and/or private organizations) have been signed; and
7. The coastal state in which the area is located has complied with the requirements
of subpart B.
(b) NOAA will determine whether the designation of a National Estuarine Research
Reserve in a state with a federally approved coastal zone management program directly
affects the coastal zone. If the designation is found to directly affect the coastal zone,
NOAA will make a consistency determination pursuant to Sec. 307(c)(1) of the Act, 16
U.S.C. 1456, and 15 CFR part 930, subpart C. See Sec. 921.4(b). The results of this
consistency determination will be published in the Federal Register when the notice of
designation is published. See Sec. 921.30(c).
(c) NOAA will publish the notice of designation of a National Estuarine Research
Reserve in the Federal Register. The state shall be responsible for having a similar notice
published in the local media.

(d) The term state control in Sec. 921.30(a)(3) does not necessarily require that key land
and water areas be owned by the state in fee simple. Acquisition of less-than-fee simple
interests e.g., conservation easements) and utilization of existing state regulatory
measures are encouraged where the state can demonstrate that these interests and
measures assure adequate long-term state control consistent with the purposes of the
research reserve (see also Secs. 921.13(a)(7); 921.21(g)). Should the state later elect to
purchase an interest in such lands using NOAA funds, adequate justification as to the
need for such acquisition must be provided to NOAA.

Sec. 921.31 Supplemental acquisition and development awards.
After National Estuarine Research Reserve designation, and as specified in the approved
management plan, a coastal state may request a supplemental acquisition and/or
development award(s) for acquiring additional property interests identified in the
management plan as necessary to strengthen protection of key land and water areas and to
enhance long-term protection of the area for research and education, for facility and
exhibit construction, for restorative activities identified in the approved management
plan, for administrative purposes related to acquisition and/or facility construction and to
develop and/or upgrade research, monitoring and education/interpretive programs.
Federal financial assistance provided to a National Estuarine Research Reserve for
supplemental development costs directly associated with facility construction (i.e., major
construction activities) may not exceed 70 percent of the total project cost, except when
the financial assistance is provided from amounts recovered as a result of damage to
natural resources located in the coastal zone, in which case the assistance may be used to
pay 100 percent of the costs. NOAA must make a specific determination that the
construction activity will not be detrimental to the environment. Acquisition awards for
the acquisition of lands or waters, or interests therein, for any one reserve may not exceed
an amount equal to 50 percent of the costs of the lands, waters, and interests therein of
$5,000,000, whichever amount is less, except when the financial assistance is provided
from amounts recovered as result of damage to natural resources located in the coastal
zone, in which case the assistance may be used to pay 100 percent of all actual costs of
activities carrier out with this assistance, as long as such funds are available. In the case
of a biogeographic region (see appendix I) shared by two or more states, each state is
eligible independently for Federal financial assistance to establish a separate National
Estuarine Research Reserve within their respective portion of the shared biogeographic
region. Application procedures are specified in subpart I. Land acquisition must follow
the procedures specified in Secs. 921.13(a)(7), 921.21(e) and (f) and 921.81.
[58 FR 38215, July 15, 1993, as amended at 62 FR 12540, Mar. 17, 1997; 63 FR 26717,
May 14, 1998].

Sec. 921.32 Operation and management: Implementation of the management plan.

(a) After the Reserve is formally designated, a coastal state is eligible to receive Federal
funds to assist the state in the operation and management of the Reserve including the
management of research, monitoring, education, and interpretive programs. The purpose
of this Federally funded operation and management phase is to implement the approved
final management plan and to take the necessary steps to ensure the continued effective
operation of the Reserve.
(b) State operation and management of the Reserves shall be consistent with the mission,
and shall further the goals of the National Estuarine Research Reserve program (see Sec.
921.1).
(c) Federal funds are available for the operation and management of the Reserve. Federal
funds provided pursuant to this section may not exceed 70 percent of the total cost of
operating and managing the Reserve for any one year, except when the financial
assistance is provided from amounts recovered as a result of damage to natural resources
located in the coastal zone, in which case the assistance may be used to pay 100 percent
of the costs. In the case of a biogeographic region (see Appendix I) shared by two or
more states, each state is eligible for Federal financial assistance to establish a separate
Reserve within their respective portion of the shared biogeographic region (see Sec.
921.10).
(d) Operation and management funds are subject to the following limitations:
1. Eligible coastal state agencies may apply for up to the maximum share available
per Reserve for that fiscal year. Share amounts will be announced annually by
letter from the Sanctuary and Reserves Division to all participating states. This
letter will be provided as soon as practicable following approval of the Federal
budget for that fiscal year.
2. No more than ten percent of the total amount (state and Federal shares) of each
operation and management award may be used for construction-type activities.
[58 FR 38215, July 15, 1993, as amended at 62 FR 12541, Mar. 17, 1997].

Sec. 921.33 Boundary changes, amendments to the management plan, and addition
of multiple-site components.
(a) Changes in the boundary of a Reserve and major changes to the final management
plan, including state laws or regulations promulgated specifically for the Reserve, may be
made only after written approval by NOAA. NOAA may require public notice, including
notice in the Federal Register and an opportunity for public comment before approving a
boundary or management plan change. Changes in the boundary of a Reserve involving
the acquisition of properties not listed in the management plan or final EIS require public
notice and the opportunity for comment; in certain cases, a categorical exclusion, an
environmental assessment and possibly an environmental impact statement may be

required. NOAA will place a notice in the Federal Register of any proposed changes in
Reserve boundaries or proposed major changes to the final management plan. The state
shall be responsible for publishing an equivalent notice in the local media. See also
requirements of Secs. 921.4(b) and 921.13(a)(11).
(b) As discussed in Sec. 921.10(b), a state may choose to develop a multiple-site National
Estuarine Research Reserve after the initial acquisition and development award for a
single site has been made. NOAA will publish notice of the proposed new site including
an invitation for comments from the public in the Federal Register. The state shall be
responsible for publishing an equivalent notice in the local newspaper(s). An EIS, if
required, shall be prepared in accordance with section Sec. 921.13 and shall include an
administrative framework for the multiple-site Reserve and a description of the
complementary research and educational programs within the Reserve. If NOAA
determines, based on the scope of the project and the issues associated with the additional
site(s), that an environmental assessment is sufficient to establish a multiple-site Reserve,
then the state shall develop a revised management plan which, concerning the additional
component, incorporates each of the elements described in Sec. 921.13(a). The revised
management plan shall address goals and objectives for all components of the multi-site
Reserve and the additional component's relationship to the original site(s).
(c) The state shall revise the management plan for a Reserve at least every five years, or
more often if necessary. Management plan revisions are subject to (a) above.
(d) NOAA will approve boundary changes, amendments to management plans, or the
addition of multiple-site components, by notice in the Federal Register. If necessary
NOAA will revise the designation document (findings) for the site.

Sec. 921.40 Ongoing oversight and evaluations of designated National Estuarine
Research Reserves.
(a) The Sanctuaries and Reserve Division shall conduct, in accordance with section 312
of the Act and procedures set forth in 15 CFR part 928, ongoing oversight and
evaluations of Reserves. Interim sanctions may be imposed in accordance with
regulations promulgated under 15 CFR part 928.
(b) The Assistant Administrator may consider the following indicators of non-adherence
in determining whether to invoke interim sanctions:
1. Inadequate implementation of required staff roles in administration, research,
education/interpretation, and surveillance and enforcement. Indicators of
inadequate implementation could include: No Reserve Manager, or no staff or
insufficient staff to carry out the required functions.
2. Inadequate implementation of the required research plan, including the
monitoring design. Indicators of inadequate implementation could include: Not

3.

4.

5.

6.

7.

8.

carrying out research or monitoring that is required by the plan, or carrying out
research or monitoring that is inconsistent with the plan.
Inadequate implementation of the required education/interpretation plan.
Indicators of inadequate implementation could include: Not carrying out
education or interpretation that is required by the plan, or carrying out
education/interpretation that is inconsistent with the plan.
Inadequate implementation of public access to the Reserve. Indicators of
inadequate implementation of public access could include: Not providing
necessary access, giving full consideration to the need to keep some areas off
limits to the public in order to protect fragile resources.
Inadequate implementation of facility development plan. Indicators of inadequate
implementation could include: Not taking action to propose and budget for
necessary facilities, or not undertaking necessary construction in a timely manner
when funds are available.
Inadequate implementation of acquisition plan. Indicators of inadequate
implementation could include: Not pursuing an aggressive acquisition program
with all available funds for that purpose, not requesting promptly additional funds
when necessary, and evidence that adequate long-term state control has not been
established over some core or buffer areas, thus jeopardizing the ability to protect
the Reserve site and resources from offsite impacts.
Inadequate implementation of Reserve protection plan. Indicators of inadequate
implementation could include: Evidence of non-compliance with Reserve
restrictions, insufficient surveillance and enforcement to assure that restrictions on
use of the Reserve are adhered to, or evidence that Reserve resources are being
damaged or destroyed as a result of the above.
Failure to carry out the terms of the signed Memorandum of Understanding
(MOU) between the state and NOAA, which establishes a long-term state
commitment to maintain and manage the Reserve in accordance with section 315
of the Act. Indicators of failure could include: State action to allow incompatible
uses of state-controlled lands or waters in the Reserve, failure of the state to bear
its fair share of costs associated with long-term operation and management of the
Reserve, or failure to initiate timely updates of the MOU when necessary.

Sec. 921.41 Withdrawal of designation.
The Assistant Administrator may withdraw designation of an estuarine area as a National
Estuarine Research Reserve pursuant to and in accordance with the procedures of section
312 and 315 of the Act and regulations promulgated thereunder.