PROVISIONS RELATING TO COASTAL NONPOINT [Public Law 101-508, Approved Nov. 5, 1990, 104 Stat. 1388–314] (Amended through Public Law 102-587, Nov. 4, 1992) AN ACT To provide for reconciliation pursuant to section 4 of the concurrent resolution on the budget for fiscal year 1991. Subtitle C-Amendments to Coastal Zone Management Act of 1972 SEC. 6201. [16 U.S.C. 1451 note] SHORT TITLE. This subtitle may be cited as the "Coastal Zone Act Reauthorization Amendments of 1990". SEC. 6217. [16 U.S.C. 1455b] PROTECTING COASTAL WATERS. (a) IN GENERAL. (1) PROGRAM DEVELOPMENT.-Not later than 30 months after the date of the publication of final guidance under subsection (g), each State for which a management program has been approved pursuant to section 306 of the Coastal Zone Management Act of 1972 shall prepare and submit to the Secretary and the Administrator a Coastal Nonpoint Pollution Control Program for approval pursuant to this section. The purpose of the program shall be to develop and implement management measures for nonpoint source pollution to restore and protect coastal waters, working in close conjunction with other State and local authorities. (2) PROGRAM COORDINATION.-A State program under this section shall be coordinated closely with State and local water quality plans and programs devel-oped pursuant to sections 208, 303, 319, and 320 of the Federal Water Pollution Control Act (33 U.S.Č. 1288, 1313, 1329, and 1330) and with State plans developed pursuant to the Coastal Zone Management Act of 1972, as amended by this Act. The program shall serve as an update and expansion of the State nonpoint source management program developed under section 319 of the Federal Water Pollution Control Act, as the program under that section relates to land and water uses affecting coastal waters. (b) PROGRAM CONTENTS.-Each State program under this section shall provide for the implementation, at a minimum, of management measures in conformity with the guidance published under subsection (g), to protect coastal waters generally, and shall also contain the following: (1) IDENTIFYING LAND USES.-The identification of, and a continuing process for identifying, land uses which, individually or cumulatively, may cause or contribute significantly to a degradation of (A) those coastal waters where there is a failure to attain or maintain applicable water quality standards or protect designated uses, as determined by the State pursuant to its water quality planning processes; or (B) those coastal waters that are threatened by reasonably foreseeable increases in pollution loadings from new or expanding sources. (2) IDENTIFYING CRITICAL COASTAL AREAS.—The identification of, and a continuing process for identifying, critical coastal areas adjacent to coastal waters referred to in paragraph (1)(A) and (B), within which any new land uses or substantial expansion of existing land uses shall be subject to management measures in addition to those provided for in subsection (g). (3) MANAGEMENT MEASURES.-The implementation and continuing revision from time to time of additional management measures applicable to the land uses and areas identified pursuant to paragraphs (1) and (2) that are necessary to achieve and maintain applicable water quality standards under section 303 of the Federal Water Pollution Control Act (33 U.S.C. 1313) and protect designated uses. (4) TECHNICAL ASSISTANCE.-The provision of technical and other assistance to local governments and the public for implementing the measures referred to in paragraph (3), which may include assistance in developing ordinances and regulations, technical guidance, and modeling to predict and assess the effectiveness of such measures, training, financial incentives, demonstration projects, and other innovations to protect coastal water quality and designated uses. (5) PUBLIC PARTICIPATION.-Opportunities for public participation in all aspects of the program, including the use of public notices and opportunities for comment, nomination procedures, public hearings, technical and financial assistance, public education, and other means. (6) ADMINISTRATIVE COORDINATION.-The establishment of mechanisms to improve coordination among State agencies and between State and local officials responsible for land use programs and permitting, water quality permitting and enforcement, habitat protection, and public health and safety, through the use of joint project review, memoranda of agreement, or other mechanisms. (7) STATE COASTAL ZONE BOUNDARY MODIFICATION.—A proposal to modify the boundaries of the State coastal zone as the coastal management agency of the State determines is necessary to implement the recommendations made pursuant to subsection (e). If the coastal management agency does not have the authority to modify such boundaries, the program shall include recommendations for such modifications to the appropriate State authority. (c) PROGRAM SUBMISSION, APPROVAL, AND IMPLEMETATION.— |