Page:United States Statutes at Large Volume 104 Part 2.djvu/713

 PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-305 "(11) may, in its discretion, hold a public hearing on the comments; and "(III) may not take any action within the 30-day period to implement the management program decision. "(4) The State has held public hearings in the development of the management program. "(5) The management program and any changes thereto have been reviewed and approved by the Governor of the State. "(6) The Governor of the State has designated a single State agency to receive and administer grants for implementing the management program. "(7) The State is organized to implement the management program. "(8) The management program provides for adequate consideration of the national interest involved in planning for, and managing the coastal zone, including the siting of facilities such as energy facilities which are of greater than local significance. In the case of energy facilities, the Secretary shall find that the State has given consideration to any applicable national or interstate energy plan or program. "(9) The management program includes procedures whereby specific areas may be designated for the purpose of preserving or restoring them for their conservation, recreational, ecological, historical, or esthetic values. "(10) The State, acting through its chosen agency or agencies (including local governments, areawide agencies, 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— "(A) to administer land use and water use regulations to control development to ensure compliance with the management program, and to resolve conflicts among competing uses; and "(B) to acquire fee simple and less than fee simple interests in land, waters, and other property through condemnation or other means when necessary to achieve conformance with the management program. "(11) The management program provides for any one or a combination of the following general techniques for control of land uses and water uses within the coastal zone: "(A) State establishment of criteria and standards for local implementation, subject to administrative review and enforcement. "(B) Direct State land and water use planning and regulation. "(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. "(12) The management program contains a method of assuring that local land use and water use regulations within the coastal zone do not unreasonably restrict or exclude land uses and water uses of regional benefit. "(13) The management program provides for—

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