Page:United States Statutes at Large Volume 86.djvu/1326

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[86 STAT. 1284]
PUBLIC LAW 92-000—MMMM. DD, 1972
[86 STAT. 1284]

1284 80 Stat. 1262;

  • ^42 USC 3334

PUBLIC LAW 92-583-OCT. 27, 1972

[86 STAT.

Cltles and Metropolitan Development Act of 1966, a regional ^SJi 01" ^n interstate agency; and (B) established an effective meclianism for continuing consultation and coordination between the management agency designated pursuant to paragraph (5) of this subsection and \\'ith local ' I.- ' governments, interstate agencies, regional agencies, and areawide agencies within the coastal zone to assure the full participation of such local governments and agencies in carrying out the purposes of this title. (3) The state has held public hearings in the development of the management program. (4) The management program and any changes thereto have been reviewed and approved by the Governor. (5) The Governor of the state has designated a single agency to receive and administer the grants for implementing the management program required under paragraph (1) of this subsection. (6) The state is organized to implement the management program required under paragraph (1) of this subsection. (7) The state has the authorities necessary to implement the program, including the authority required under subsection (d) of this section. (8) The management program provides for adequate consideration ^^' of the national interest involved m the siting of facilities necessary to meet requirements which are other than local in nature. (9) The management program makes provision for procedures whereby specific areas may be designated for the purpose of preserv.rtcrrs lYig or restoring them for their conservation, recreational, ecological, or esthetic values. (d) Prior to granting approval of the management program, the Secretary shall find that the state, acting through its chosen agency or agencies, including local governments, areawide agencies designated under section 204 of the Demonstration Cities and Metropolitan Development Act of 1966, regional agencies, or interstate agencies, has authority for the management of the coastal zone in accordance with the management program. Such authority shall include power— (1) to administer land and water use regulations, control development in order to ensure compliance with the management program, and to resolve conflicts among competing uses; and (2) to acquire fee simple and less than fee simple interests in lands, waters, and other property through condemnation or other - ,1.y^i nsia.^'T means when necessary to achieve conformance with the management program. (e) Prior to granting approval, the Secretary shall also find that the program provides: (1) for any one or a combination of the following general techniques for control of land and water uses within the coastal zone; (A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement of compliance; (B) Direct state land and water use planning and regulation: or (C) State administrative review for consistency with the management program of all development plans, projects, or land and water use regulations, including exceptions and variances thereto, proposed by any state or local authority or

private developer, with power to approve or disapprove after • public notice and an opportunity for hearings.