Lake Superior Coastal Program Final Environmental Impact Statement (FEIS)
PART IV
CHAPTER 2
PROGRAM IMPLEMENTATION
Collectively, state, local and federal agencies and units of government, through a variety of mechanisms, both policy and law, manage the natural and cultural resources of the Lake Superior watershed in Minnesota. Currently, the umbrella for all state and local management is the body of policy and law provided by the Minnesota Statutes. The statutes provide guidance and assign implementation authority to a variety of state agencies and local units of government as outlined in Chapter 3 - Management Policies and Authorities. Agencies and units of government work together with their stakeholders to address resource issues. It is through this network that Minnesota accomplishes resource management in the Lake Superior watershed. The management aspect of the program will be administered through the already existing authorities within state and federal rules and regulations. The Coastal Program will not in effect perform any management duties, other than to administer the Coastal Program grants program and consistency reviews.
Minnesota's Lake Superior Coastal Program was developed to encourage greater cooperation, to encourage simplification of governmental processes, and to provide tools to implement existing policies, authorities and programs within the area defined by the program boundary.
1. Role of the Lead State Agency
The Coastal Zone Management Act (CZMA) requires states to designate a single state agency to receive and administer the grants for implementing the state's Coastal Management Program. The agency must have the fiscal and legal capacity to accept and administer grant funds and have the administrative capability to monitor and evaluate the management of the state's coastal resources by the various agencies and/or local governments.
Tasks generally assigned to the lead agency include general program administration, federal consistency review, grant administration, program review and evaluation, monitoring and evaluation of compliance with the coastal program's policies and authorities, state agency consistency review, networking with state and local agencies, and outreach and education. As lead fiscal agent for the program, the agency will prepare and submit the grant application, as directed by the Coastal Council, administer funds, including pass-through grants and contracts, and monitor and summarize project performance as required by NOAA's Office of Ocean and Coastal Resource Management.
The Governor, with input from the organization and implementation work group and from the Commissioners of the various state agencies, has designated the Department of Natural Resources (DNR) as the lead agency for Minnesota's Lake Superior Coastal Program. This agency, working in partnership with other state resource agencies including the Board of Water and Soil Resources, the Pollution Control Agency, and the Departments of Health and Agriculture, will be responsible for program implementation and program related administrative activities. The office of the Coastal Program coordinator will be located within the coastal area as defined by Minnesota's Lake Superior Coastal Program boundary. As a networked program, functions including accounting, federal consistency, and implementation of many of the statewide and regional programs and authorities included within the program may take place or be directed from offices outside the coastal area.
This chapter is divided into four sections. Section A. Organizational Structure describes the roles of the lead agency, coastal council, local units of government, state agencies and the cooperation of other programs. Section B. Program Implementation describes the implementation of polices and authorities from the networked program, consistency, and the implementation of the grant program. Section C. Review and Evaluation of Program describes program priorities and review of performance, and Section D. describes the Termination Recommendation Process.
2. Role and Responsibilities of the Coastal Council
In the development of Minnesota's Lake Superior Coastal Program a work group made up of individuals from within the Lake Superior watershed (Carlton, St. Louis, Lake and Cook counties) representing a variety of perspectives, met to address several components of how a coastal management program might work in Minnesota. The Organization and Implementation Work Group recommended the establishment of an administrative board by the legislature whose members would be nominated by local units of government as well as selected from at-large nominations and be appointed by the Governor. It is designed to include representation from the large geographical area of the North Shore as well as the diversity of issues and perspectives.
Governor's Council on Minnesota's Coastal Program
15 Member Board
Created through Executive Order
Governor Appointed
12 members: 3 persons per county selected from pool submitted by each of the cities, townships, and counties within the coastal boundary
3 members selected from At-Large pool
Functions:
Advise on grant program funding priorities
Advise on pass-through grant decisions
Participate in local program evaluation
Assist and recommend changes at annual review of grant program operations.
This will be a two phased approach. Initially this board will be established through an Executive Order, which specifies that the role of the board is to make recommendations to the Commissioner of the DNR on program priorities, funding decisions, program evaluation and procedural review. This board will be limited to no more than fifteen members during this first phase. The board, under the Executive Order will be called the "Governor's Council on Minnesota's Coastal Program." In the second phase, the board will seek to be established through legislation, which specifies the role of the board, as one with decision making powers with regards to the use of the federal funds. The board will remain advisory and make recommendations to the Commissioner on the conduct and direction of the Coastal Program. Under this legislation, the board will be called the "Coastal Council."
The Coastal Council will initially be composed of 15 members, three from each of the four counties represented in the state's Coastal Management Program boundary (Carlton, St. Louis, Lake, and Cook) and three at-large members. After legislation, two more at-large members may be added. A minimum three and a maximum of five Council members will represent any one county, and no more than one elected official ((includes all state and local elected officials except soil and watershed conservation district (SWCD) supervisors)) from each county may be represented on the Council. No requirement exists to select an elected official. Policies governing administrative boards established through legislation are defined in Minn. Stat. §15.0575 and Minn. Stat. §15.0597.
Coastal Council
15-17 Member Board
Created through Legislation
Governor Appointed
12 members: 3 persons per county selected from pool submitted by each of the cities, townships, and counties within the coastal boundary
3-5 members selected from At-Large pool
Functions:
Determine grant program priorities
Make funding decisions on pass-through
grants
Participate in local program evaluation
Determine and annually review procedures
for
As openings on the Coastal Council occur, each local government unit (LGU, defined to include all counties, cities/municipalities, and townships) within the county where the opening occurs, will be asked to submit two names for a pool of potential candidates. The Governor will choose Council members to fill the open positions from this pool of names. As at-large openings occur a pool of names will be solicited from the public and private sector statewide. Selection by the Governor will be made from this pool of candidates.
As outlined in Minnesota Statutes, terms of Coastal Council members are for four years each with approximately one-fourth of the terms expiring each year. No member may serve more than two consecutive terms. Replacements for open, unexpired terms will be filled in the same manner as explained above with the replacement serving out the remainder of the unexpired term. The Coastal Council will establish recommended membership criteria and details of the application process not covered by statute. Applicants will complete the required State Open Appointment Application and Supplemental Application developed for this program. All terms will end on the first Monday of January.
The role of the coastal program staff in this process is to announce council openings, solicit applications, sort applications, and submit the list of nominations to the Governor's Open Appointment Office for selection. Filings for open terms are due to the program coordinator of Minnesota's Lake Superior Coastal Program by October 1. The list will be submitted to the Governor by October 31. Term length during the first four years of the Coastal Council's existence will vary to create staggered terms during subsequent years. Development of bylaws and working procedures and policies will be developed by the Coastal Council. The chair of the Council will be elected by the Council members.
The responsibilities of the Coastal Council include:
Development of grant program funding priorities: This process will be conducted with the assistance of program staff. Priorities will reflect a balance between preservation, protection, development and where possible the restoration and enhancement of the coast for present and future generations, as defined by the CZMA. Opportunities for input by stakeholders will be an important component of the development of program priorities.
Review and selection of grant proposals: The process for solicitation, review, and selection has been developed by the organization and implementation work group and is detailed in "Proposal Guidance for Minnesota's Lake Superior Coastal Program" which will be published and distributed annually.
Review of annual budget: The Coastal Council will work together with the DNR to establish an annual administrative (nonproject administration) budget for the program. During the first year of the program administrative funds will be approximately 20 percent. During successive years staff will draft an administrative budget for review and agreement jointly by the Council and the DNR. It is expected that the administrative budget be approximately 20 percent annually.
Periodic review of program: A program evaluation will be held every two to three years. Review may coincide with NOAA's Office of Ocean and Coastal Resource Management (OCRM) review as described in Section 312 of the Coastal Zone Management Act (CZMA). This review will evaluate the programs efforts to ensure a balance between preservation, protection, development, restoration and enhancement of the coastal resources as specified in the CZM Act. Input from stakeholders, state and federal agencies and local units of government will be sought during this review. (See Part V 2-17).
a. Relationship Between the Coastal Council and Coastal Program Staff
The Coastal Council is the decision making mechanism through which Minnesota's Lake Superior
Coastal Program implements the grant program. The Coastal Program staff will work together with and as staff for the Coastal Council on responsibilities related to the grant program as listed in the previous section. Other functions, such as federal consistency and monitoring and evaluating coastal policies and authorities are accomplished by state agencies as outlined by statute or as coordinated by the program coordinator. The Coastal Council will assist and recommend direction for the Coastal Program to the program coordinator.
b. Relationship Between the Coastal Council and Technical Advisors
Technical advisors include professional staff (private or public) in fields such as resource management, engineering, planning, recreation and public works. The role of technical advisors will be determined specifically by the Coastal Council, but generally professionals will be asked to provide technical review of project proposals and to assist the Coastal Council in their decision making role, as requested.
Figure 9. Program Implementation (PDF 60k)
Counties, Cities, Townships
The following local units of government are included within the coastal area. Each unit manages land use within its political boundary through comprehensive land use plans and supporting ordinances and zoning as authorized by state statute. A variety of relationships occur between state and local agencies and between local agencies regarding implementation of state statutes and implementation and enforcement of local comprehensive land use plans and zoning ordinances.
Cook County | Lake County | St. Louis County | Carlton County |
Grand Marais | Beaver Bay | Canosia Township | Cloquet |
Lutsen Township | Beaver Bay Township | Duluth | Carlton |
Schroeder Township | Crystal Bay Township | Duluth Township | Scanlon |
Tofte Township | Silver Bay | Hermantown | Silver Brook Township |
Cook County | Silver Creek Township | Grand Lake Township | Thomson |
Two Harbors | Lakewood Township | Thomson Township |
|
Lake County | Midway Township | Twin Lakes Township |
|
Proctor | Wrenshall |
||
Rice Lake Township | Carlton County |
||
St. Louis County |
Though Soil and Water Conservation Districts (SWCD) are local units of government that manage and direct conservation programs, they are not eligible to submit nominations to the Coastal Council. The district's function is to assist land occupiers in both rural and urban settings to protect soil and water resources. Board of Water and Soil Resources (BWSR) is the state administrative agency for the SWCDs and channels state funds to the districts for many conservation programs.
Mechanism for Networking
To address simplification of governmental processes and encourage cooperation, the state has developed numerous agreements (Memoranda of Understanding (MOU), Memoranda of Agreement (MOA), and Memoranda of Direction (MOD)) within agencies, between agencies and between units of government to address specific responsibilities related to resource protection and land use. Existing agreements which are applicable to Minnesota's Lake Superior Coastal Program are listed in Appendix G. In addition, communication and cooperation between local units of government and between state and local agencies and/or units of government also occur through numerous formal and informal means including the North Shore Management Board (NSMB), the Arrowhead Regional Development Commission (ARDC), the Metropolitan Interstate Committee (MIC), and the Harbor Technical Advisory Committee (HTAC). Forums, such as those facilitated by Minnesota Sea Grant, the University of Minnesota Extension Office, and others, offer additional opportunities for individuals, agencies and government representatives to learn and share information.
Minnesota's Lake Superior Coastal Program will assist in enhancing communication and in simplifying governmental processes through the encouragement of additional MOUs and MOAs, through implementation grants that address these issues, and by collecting input and recommending solutions through its public participation process during program review (see section on Program Review, Part V 2-17). The effectiveness of current strategies for networking - between federal and state agencies, between state agencies, and between state and local agencies and local units of government will also be considered during program review.
Organized below are the state agencies that have a role in managing land and water resources in the State of Minnesota. Listed for each is the agency mission statement followed by the policies, authorities, and programs included in Minnesota's Lake Superior Coastal Program and administered by the agency. It is proposed that each of the agencies has signed a Memorandum of Understanding (MOU) that confirms its role in implementation of Minnesota's Lake Superior Coastal Program, its understanding of and agreement to be consistent with the state's Coastal Management Program, and its support for collaborative management of our coastal resource - Lake Superior.
The role of the DNR and other regulatory agencies will remain unchanged. Permits will be granted or denied with respect to each agency's existing statutes and regulations, and there is no new requirement to be consistent with or comply with local ordinances or approvals.
State permitting agencies will only administer and apply their existing statutes and regulations, they will not be applying authorities of other agencies or programs.
BOARD OF WATER AND SOIL RESOURCES (BWSR): The mission of the Board of Water and Soil Resources is to provide leadership enabling local governments to properly manage water and soil resources and to help all citizens be stewards of our irreplaceable natural resources. It is unique in its purpose of working with local units of government - particularly soil and water conservation districts (SWCDs), watershed districts and water management organizations, and counties - to assist in effective resource management at the local level. The BWSR has an office in Duluth. The Board also has a role in the question of water policy with the process under Minn. Stat. ch. 103A Water Policy and Information that contain procedures for conflict resolution, if one should occur.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Wetland Conservation Act (Administration)
- County Water Plans
DEPARTMENT OF AGRICULTURE (MDA): The Minnesota Department of Agriculture is responsible for ensuring that the food we eat is safe and wholesome all the way from the farm until it reaches the consumer. Its mission is to work toward a diverse agricultural industry that is profitable as well as environmentally sound; to protect the public health and safety regarding food and agricultural products; and to assure orderly commerce in agricultural and food products. The Department of Agriculture has an office in Duluth.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Groundwater Protection Act
DEPARTMENT OF HEALTH (MDH): The mission of the Minnesota Department of Health is to protect, maintain and improve the health of the citizens of Minnesota. The Department of Health has offices in Duluth and a district office in Virginia, Minnesota.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Safe Drinking Water Act
- Wells, Borings, and Underground Uses
- Well Water Construction Code
DEPARTMENT OF NATURAL RESOURCES (DNR): The mission statement of the Department of Natural Resources is to preserve, protect and enhance Minnesota's natural resource heritage in order to benefit the environment, economy, and quality of life of all Minnesotans, present and future. The DNR has a number of offices along the North Shore including those in Cloquet, Two Harbors, Duluth, Duluth Township, Finland and Grand Marais.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Shoreland Management Act
- Floodplain Management Act
- DNR Protected Waters Program
- Water Appropriation Permits
- Dam Safety
- Wetland Conservation Act (enforcement of Act)
- Groundwater Protection, Degradation Prevention Goal
- Fish and Wildlife Management
- State Water Access Site Program
- Minnesota State Parks, Monuments, Recreation Reserves, Waysides
- State Trail System
- Utility Crossings of Public Lands and Waters
- Scientific and Natural Areas Program
- County Biological Survey
- Mineland Reclamation
- Forest Resource Management Act (1982)
- Sustainable Forest Resources Act (1995)
DEPARTMENT OF TRANSPORTATION (MNDOT): The Minnesota Department of Transportation
fundamental purposes are: to develop a coordinated transportation network
by leading and acting to preserve, manage, and improve the state's highway
system; to promote and
support the transit, air, rail, waterways, bicycle and pedestrian systems;
to promote non-trivial alternatives; and to promote and support connections
among transportation systems.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- MN DOT Rest Area Program
- MN DOT Highway Program
ENVIRONMENTAL QUALITY BOARD (EQB): The Environmental Quality Board is the state's principle forum for discussing environmental issues. The current 15-member board is composed of a chairperson and five citizen members appointed by the Governor, the Commissioners of the State Department of Agriculture, Health, Natural Resources, Public Services, Transportation, and Pollution Control Agency, and the Directors of the Office of Strategic and Long Range Planning and the Office of Environmental Assistance. It provides the public with an accessible forum for debating and discussing the environmental policies and decisions of state government; it provides the mechanism for coordinating the actions of major state agencies and the impact of their decisions on the environment; and it provides the Governor and the legislature with a tool for working on those environmental issues and problems that do not fit in one of the state's other environmental agencies. The EQB does not currently have an office along the North Shore. Staff and consultant support for Board activities is provided by the Office of Strategic and Long-Range Planning (MN Planning).
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Minnesota Environmental Rights Law
- Environmental Review Program
- Minnesota Power Plant Siting Act
MINNESOTA HISTORICAL SOCIETY (MHS): The mission of the Minnesota Historical Society is to foster an awareness of Minnesota history among people so that they may draw strength and perspective from the past and find purposes for the future.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- State Historic Sites and Monuments
- Submerged Cultural Resource Management Program
OFFICE OF ENVIRONMENTAL ASSISTANCE (OEA): The Office of
Environmental Assistance (OEA) protects Minnesota's environment and assures
a sustainable economy through waste prevention and resource conservation.
Types of programs included under the umbrella of OEA include environmental
education, business assistance, solid waste assistance, sustainable
communities, and financial assistance (for waste management projects).
The Office of Environmental Assistance has no office in Duluth.
POLLUTION CONTROL AGENCY (MPCA): The Minnesota Pollution Control Agency is the state agency responsible for protecting Minnesota's air, water and land resources from the effects of pollution. The MN Pollution Control Agency has an office in Duluth.
Authorities, policies, or programs this agency administers which are part of Minnesota's Lake Superior Coastal Program and are detailed in the following two chapters include:
- Clean Water Act Section 401 Water Quality Certification
- Air Emissions
- Acid Deposition
- Lead-based paints
- Water Pollution Control Act
- Water Quality Standards
- National Pollutant Discharge Elimination System
- Animal Feedlots
- Waste Water Treatment Facilities
- Onsite Septic Systems
- Groundwater Protection Act
- Solid Waste Management, Policy and Authorization
- Sewage Sludge Management
- Waste Treatment Facilities
- Hazardous and Radioactive Waste; State Potable Water Protection Policy
- St. Louis River RAp
The Environmental Cluster, established by Governor Carlson and reorganized on July 8, 1997 is composed of the heads of the following departments or boards: DNR, Health, Board of Water and Soil Resources, Transportation, Office of Environmental Assistance, MN Planning, PCA, Environmental Quality Board, Public Utilities Commission, Public Service and Agriculture. The function of this group is to share information on agency activity and to discuss issues of regional or statewide importance. Changes in administration may change the composition, organization, and function of this group. To ensure support for a collaborative approach to resource protection and development along the North Shore, it is recommended that agency heads or their designates for each of the state resource agencies meet at least annually to discuss Minnesota's Lake Superior Coastal Program and issues related to resource protection and development that impact or have the potential to impact Lake Superior and the Lake Superior watershed.
North Shore State Agency Meetings
To facilitate communication and coordination between agencies, it is recommended that area staff representing each of the state resource agencies (BWSR, DNR, and PCA) with field offices on the North Shore, meet quarterly to share information and coordinate efforts within the Lake Superior watershed. Efforts to encourage networking between federal, state, and local agencies, local organizations and businesses should be considered as well as mechanisms for reducing redundancy and simplifying permitting procedures.
5. Cooperation with Other ProgramsArrowhead Regional Development Commission (ARDC)
One of several regional development commissions located throughout Minnesota, ARDC serves seven counties in northeastern Minnesota. Through its mission to provide local leadership, it is involved in many issues related to the environment in the Lake Superior basin including serving as staff for the North Shore Management Board (NSMB). It is anticipated that ARDC may work together with local units of government, and the NSMB to prepare grant proposals and assist in implementing projects through this program.
North Shore Management Board (NSMB)
The North Shore Management Board was created in July 1987 to develop a North Shore Management Plan. The Board consists of county, city and township elected officials and is assisted by two 16-member advisory committees, the Citizens Advisory Committee and the Technical Advisory Committee. Through a Joint Powers Agreement, the Board monitors how each local unit of government carries out the plan and sees that the plan's policies are applied and enforced. As administrator of the North Shore Management Plan, the NSMB and the local governments it represents, plays a valuable role in the vision and implementation of planning, development, and resource protection along the North Shore. It is anticipated that funding through this program will assist the Board and its individual members in implementing its goals.
Sea Grant
A unique partnership of public and private sectors that combines research, education and technology transfer for public service - is a NOAA-sponsored national network of universities meeting the changing environmental and economic needs of Americans in coastal ocean and Great Lakes regions. The Minnesota Sea Grant office is located on the lower campus of the University of Minnesota - Duluth. Opportunities to collaborate on projects, especially those related to providing opportunities to gather public input and to disseminate information on coastal resources and resource issues, have occurred throughout program development and should continue during program implementation.
1. Implementation of Policies and Authorities Through Networked Program
a. Implementation Mechanisms
Minnesota will implement its Coastal Program through existing mechanisms. Primary among these mechanisms are Minnesota statutes and rules, many which are implemented by local units of government, and state, and local programs and plans. Within the state's Coastal Management Program the CZMA requires the state to identify enforceable mechanisms to control land and water uses. In addition, Minnesota has chosen to include those nonregulatory measures it uses to manage its resources and the impacts of development upon those resources.
The specifics of these authorities and programs are reviewed in subsequent chapters.
b. Monitoring and Enforcement Mechanisms
Monitoring and enforcement of the authorities listed in this document are generally outlined by law. In an effort to evaluate the success or value of these programs relative to Lake Superior's coastal resources, the program coordinator will compile, for periodic program reviews (see section on 312 reviews), documentation on the following: NSMB annual reports to the DNR, information on changes in local planning and zoning, a summary of federal consistency actions, annual state agency consistency reports, and summaries of the accomplishments of grant funding over the review period. Additional monitoring strategies and enforcement mechanisms may be recommended during program review by local, state, or federal agencies or by stake holders. New regulations (state statutes or rules) however will not be created directly by the creation or implementation of this program. Recommendations to local or state agencies regarding additional enforcement needs may be made to the pertinent agencies for consideration. Changes made to Minnesota statutes however which directly impact Minnesota's Lake Superior Coastal Program will be reviewed by stakeholders and this may impact continued participation in the nationwide Coastal Program (see termination process).
a. State Consistency
CZMA regulations require that the state "bind each party which exercises statutory authority that is part of the management program to conformance with relevant enforceable policies and management techniques." This component requires state agencies to be consistent with state policies and authorities included within this document. The Governor's Executive Order will reaffirm the state's commitment to this component of the Coastal Zone Management Act.
State agencies are encouraged to be proactive. It is recommended that input be sought from local units of government and interest groups which may be impacted by agency decisions, particularly regarding land acquisition and development within the coastal program boundary. If it is determined that an action will not be consistent with the state's program, the agency should notify Minnesota's Lake Superior Coastal Program coordinator as early as possible in the planning process. Further, it is recommended that the agency document the rationale for its decision and provide information to the public regarding the uniqueness of the situation.
State consistency does not require state agencies to implement new monitoring or reporting requirements. State agencies will continue to implement existing policies and authorities pursuant to rules, authorities, executive orders and policies. Where there is conflict between state agency programs and state and local programs, the coastal program will assist in attempting to resolve the conflict, if so requested by each party.
b. Mechanisms to Ensure State Consistency
Each state agency which conducts activities or issues permits or licenses within the area included in the boundary of Minnesota's Lake Superior Coastal Program will receive a copy of the program document and subsequent revisions. Workshops to inform agencies on the Coastal Program and the requirement of state consistency will be conducted by coastal program staff.
This program and the requirement of state consistency do not impose any new requirements on any state agency, local government, or person. Furthermore, this program and the requirement of state consistency do not give any state agency or local government any new regulatory authority or criteria to apply.
The program document will assist state agencies in understanding the role of other governmental units and programs. No new criteria have been introduced, therefore, the program document serves to remind state agency managers of the various authorities of existing state programs.
Agencies listed previously as "networked agencies" administer one or more of the policies, authorities, or programs included within this document. It is proposed that Memorandums of Understanding (MOU) will be developed between these agencies and the DNRwhich acknowledge the agency's understanding of state consistency with Minnesota's Lake Superior Coastal Program and an agreement to be consistent to the maximum extent practicable with the state's Coastal Program. The DNR will review these MOUs with other agencies that share jurisdiction of issues in these documents.
Conflicts between Divisions within the DNR regarding state consistency with Minnesota's Lake Superior Coastal Program will be addressed by the Commissioner of the DNR at the request of Coastal Program staff. Conflicts between state agencies regarding consistency with Minnesota's Lake Superior Coastal Program will be addressed through the Commissioners of each agency using the appropriate and existing mechanisms for conflict resolution. Parties to the conflict will resolve the issues at the appropriate level.
c. Federal Consistency
Considered by states as one of the key benefits of the national Coastal Management Program, federal consistency, the component of the Coastal Zone Management Act that requires actions of federal agencies to be consistent with the state's Coastal Management Program, will encourage federal agencies to seek input early in the planning of activities and gives the state additional leverage in and assurance that federal actions will be conducted in accordance with state law.
The Coastal Program staff within the DNR will take the lead for the state in reviewing proposed federal actions to determine if they will be consistent with the state's Coastal Management Program. An annual summary of consistency reviews will be prepared by Minnesota's Lake Superior Coastal Program coordinator. At the federal level, NOAA oversees the state's use of consistency, mediates consistency disputes and processes appeals to the Secretary of Commerce.
Specific processes for applying consistency in Minnesota have been developed following the guidance from NOAA's Office of Ocean and Coastal Resource Management for the review of federal activities and development projects, permits and licenses, and federal assistance programs that may impact the coastal area. Where Memoranda of Understanding have been developed and received public input, alternative processes for reviewing consistency may be used. Whenever possible, efforts will be made to consolidate and simplify the review process into existing procedures. Detailed consistency procedures and time lines are discussed in Part V 6-7.
3. Implementation of the Grant Program
The DNRis responsible for the disbursement of funds received through the national Coastal Management Program. Together with the Coastal Council an annual budget will be drafted and submitted to OCRM for approval. The budget will include administrative costs which should approximate 20 percent as well as specific project proposals. The Coastal Council will annually draft, and direct staff to publish and distribute a "Proposal Guidance for Minnesota's Lake Superior Coastal Program" which will describe the process for solicitation, review, and selection of projects and programs to be funded through this program. During the phase in which the Coastal Council is established under Executive Order, their role will be as an advisory council to the DNR. After being established through legislation, the role of the Coastal Council will become one of decision making with regards to the expenditure of federal 306 and 306A funds for pass-through grants. The DNR will administer funding, including coordination of pass-through grants. Staff will monitor project progress and complete semiannual reports on program implementation to OCRM. OCRM remains the final decision maker on all applications for federal funds.
C. REVIEW AND EVALUATION OF PROGRAM
Program priorities will be determined by the Governor's Council on Minnesota's Coastal Program (during the Executive Order term) in an advisory capacity until the Coastal Council is established through legislation and priorities will be determined with decision making authority.
A continuing review of the performance of states with respect to coastal management as outlined by the CZMA (Section 312) is conducted by NOAA's Office of Ocean and Coastal Resource Management (OCRM). OCRM monitors state performance through ongoing review of financial assistance awards and performance reports, and through a periodic (usually every three years) evaluation of the state's Coastal Program. Evaluation of the state's Coastal Program means the state must effectively implement and enforce the policies and standards it has developed to guide public and private uses of its coastal area. The state must also show compliance to the terms of federal financial assistance awards.
D. TERMINATION RECOMMENDATION PROCESSThe work group developed the following termination process to address concerns regarding additional regulation by state or federal agencies that would cause undue hardship through participation in the Coastal Program and regarding violations of the program by state or federal agencies. For the purpose of this document, termination is defined as withdrawal by the state from the national Coastal Zone Management Program.
Any local unit of government may initiate program termination procedure based on the following reason(s):
a) Noncompliance of consistency component of program by state or federal agencies. (According to the CZMA, federal and state agencies must comply with policies and
Authorities within the state's Coastal Program to the maximum practicable extent - See Part V 6-7 of the program document).
b) Changes are made in federal or state policies or authorities which have a significant effect on Minnesota's Lake Superior Coastal Program and which are made without coordination with local program participants.
The local unit of government initiating program termination will provide a statement clearly outlining their complaints. The statement should include as many specifics as possible including dates, explanations of events, impact on the local unit of government, impact on Minnesota's Lake Superior Coastal Program, action taken by the local unit of government, and a recommended action(s). The program termination request should be received by the Coastal Council in the form of a resolution as approved by the local unit of government.
The local unit of government initiating the termination becomes the process leader and has the responsibility to circulate a petition to all LGUs within the Coastal Program boundary. Two-thirds of the LGUs must sign the petition and submit official actions or resolutions supporting termination of the program for the resolution to be considered by the Coastal Council.
The Coastal Council will appoint a team to investigate the facts stated in the petition. Discrepancies will be discussed with the initiating LGU. The Coastal Council will review the investigating team's findings and recommendations. The Coastal Council will also review and consider evaluation of the impacts and ramifications of termination of the program.
If the Coastal Council, by a majority vote, supports the advisory recommendation, the recommendation will be forwarded to the Governor and information copied to the DNR. Advisory recommendations short of termination may also be forwarded at this point. Upon receipt of the Coastal Council's recommendation to terminate the program, the Governor will review the advisory recommendation and notify in writing, his/her decision whether or not the state should withdraw as a participant in the national Coastal Zone Management Program. Termination becomes effective at the end of the current funding cycle to allow time to complete projects for which funding has been received.
If the Coastal Council does not support the recommendation, they will return the statement and petition to the initiating local unit of government, stating their reasons for nonsupport. The initiating LGU may request a meeting with the Coastal Council to try to resolve the differences or they may resubmit a petition which responds to the comments of the Coastal Council.
