---
kind: "section"
citation: "15 C.F.R. § 921.30"
title: "15"
number: "921.30"
heading: "Designation of National Estuarine Research Reserves."
url: "https://uscodex.org/cfr/15/921.30"
---

# §921.30. Designation of National Estuarine Research Reserves.

- (a) The Under Secretary may designate an area proposed for designation by the Governor of the state in which it is located, as a National Esturaine Research Reserve if the Under Secretary finds:
  - (1) The area is a representative estuarine ecosystem that is suitable for long-term research and contributes to the biogeographical and typological balance of the System;
  - (2) Key land and water areas of the proposed Reserve, as identified in the management plan, are under adequate state control sufficient to provide long-term protection for reserve resources to ensure a stable environment for research;
  - (3) Designation of the area as a Reserve will serve to enhance public awareness and understanding of estuarine areas, and provide suitable opportunities for public education and interpretation;
  - (4) A final management plan has been approved by NOAA;
  - (5) An MOU has been signed between the state and NOAA ensuring a long-term commitment by the state to the effective operation and implementation of the area as a National Estuarine Research Reserve;
  - (6) All MOU's necessary for reserve management (i.e., with relevant Federal, state, and local agencies and/or private organizations) have been signed; and
  - (7) **The coastal state in which the area is located has complied with the requirements of subpart B.**
- (b) NOAA will determine whether the designation of a National Estuarine Research Reserve in a state with a federally approved coastal zone management program directly affects the coastal zone. If the designation is found to directly affect the coastal zone, NOAA will make a consistency determination pursuant to § 307(c)(1) of the Act, 16 U.S.C. [1456](/usc/16/1456.md), and [15](/usc/16/15.md) CFR [part 930](/cfr/15/part930.md), subpart C. See [§ 921.4(b)](/cfr/15/921.4.md?p=b). The results of this consistency determination will be published in the Federal Register when the notice of designation is published. See [§ 921.30(c)](#c).
- (c) NOAA will publish the notice of designation of a National Estuarine Research Reserve in the Federal Register. The state shall be responsible for having a similar notice published in the local media.
- (d) The term state control in [§ 921.30(a)(3)](#a-3) does not necessarily require that key land and water areas be owned by the state in fee simple. Acquisition of less-than-fee simple interests e.g., conservation easements) and utilization of existing state regulatory measures are encouraged where the state can demonstrate that these interests and measures assure adequate long-term state control consistent with the purposes of the research reserve (see also [§§ 921.13(a)(7)](/cfr/15/921.13.md?p=a-7); 921.21(g)). Should the state later elect to purchase an interest in such lands using NOAA funds, adequate justification as to the need for such acquisition must be provided to NOAA.

## Notes

### Authority

Authority: Section 315 of the Coastal Zone Management Act, as amended (16 U.S.C. 1461).

### Source

Source: 58 FR 38215, July 15, 1993, unless otherwise noted.