Page:United States Statutes at Large Volume 104 Part 6.djvu/394

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104 STAT. 4784 PUBLIC LAW 101-646—NOV. 29, 1990 exclusive of any wetlands gains achieved through implementation of the preceding section of this title. (c) ELEMENTS OF CONSERVATION PLAN.— The conservation plan authorized by this section shall include— (1) identification of the entire coastal area in the State that contains coastal wetlands; (2) designation of a single State agency with the responsibility for implementing and enforcing the plan; (3) identification of measures that the State shall take in addition to existing Federal authority to achieve a gOEil of no net loss of wetlands as a result of development activities, exclusive of any wetlands gains achieved through implementation of the preceding section of this title; (4) a system that the State shall implement to account for gains and losses of coastal wetlands within coastal areas for purposes of evaluating the degree to which the goal of no net loss of wetlands as a result of development activities in such wetlands or other waters has been attained; (5) satisfactory assurances that the State will have adequate personnel, funding, and authority to implement the plan; (6) a program to be carried out by the State for the purpose of educating the public concerning the necessity to conserve wetlands; (7) a program to encourage the use of technology by persons engaged in development activities that will result in negligible impact on wetlands; and (8) a program for the review, evaluation, and identification of regulatory and nonregulatory options that will be adopted by the State to encourage and assist private owners of wetlands to ^ continue to maintain those lands as wetlands. (d) APPROVAL OF CONSERVATION PLAN.— (1) IN GENERAL. —I f the Governor submits a conservation plan to the Secretary, the Director, and the Administrator for their approval, the Secretary, the Director, and the Administrator shall, within one hundred and eighty days following receipt of such plan, approve or disapprove it. (2) APPROVAL CRITERIA.— The Secretary, the Director, and the Administrator shall approve a conservation plan submitted by the Governor, if they determine that— (A) the State has adequate authority to fully implement Hri all provisions of such a plan; T (B) such a plan is adequate to attain the goal of no net r* loss of coastal wetlands as a result of development activities and complies with the other requirements of this section;

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and (C) the plan was developed in accordance with terms of the agreement set forth in subsection (a) of this section. (e) MODIFICATION OF CONSERVATION PLAN.— (1) NoNCOMPUANCE. —I f the Secretary, the Director, and the Administrator determine that a conservation plan submitted by the Governor does not comply with the requirements of subsection (d) of this section, they shall submit to the Governor a statement explaining why the plan is not in compliance and how the plan should be changed to be in compliance. (2) RECONSIDERATION. —I f the Governor submits a modified conservation plan to the Secretary, the Director, and the Administrator for their reconsideration, the Secretary, the