be Federally approved, and new planning elements required by the 1976 

 Amendments to the Act. 



The Coastal Zone Management Act Amendments of 1976 also established 

 a Coastal Energy Impact Program to provide aid to states and localities 

 experiencing public development costs directly related to energy develop- 

 ment [151]. The expanded consistency and planning requirements, discussed 

 earlier, will be the source of development guidelines and policies for 

 this program. A program of loan guarantees and grants-in-aid is also 

 available to ensure reliable financing for public facilities and provide 

 funds to mitigate environmental and recreational losses resulting from 

 both past and future coastal energy development. 



The ten-year loan guarantee and grant-in-aid program is available 

 to states and localities whether or not the state has an approved Coastal 

 Zone Management Program. Funds are allocated according to complex formulas 

 based on actual offshore production, and anticipated local energy-related 

 development. The bulk of these funds and loan guarantees in early years will 

 go to Louisiana and Alaska, with increasing proportions to other states as 

 production and related facilities increase based on new leasing [152]. 



The Environmental /Recreational grant program (E/R Program) is of 

 particular concern to the FWS in its review of Federal permits for OCS- 

 related development. E/R grants are available to mitigate "unavoidable" 

 impacts of OCS-related onshore development. Among other conditions an 

 applicant for this type of grant must establish a fish, wildlife or habitat 

 loss as unavoidable by showing that suitable mitigation could not be 

 achieved through state or local regulatory programs. The grant is not 

 available as an alternative to setting regulatory conditions to achieve 

 maximum feasible mitigation. It is intended as a supplement to permit 

 mitigation where there are no legally feasible mitigation conditions through 

 regulatory programs. One result is to favor past damage for such E/R 

 mitigation grants, because damage occurring prior to passage of the statute 

 is effectively grandfathered out of this requirement [153]. 



"Section 208" Water Quality Planning Regions 



Section 208 of the Federal Water Pollution Control Act Amendments of 

 1972 sets up a procedure under which states or designated regional agencies 

 are asked to organize a regulatory program to control various types of point 

 and non-point source pollution in cooperation with the Federal EPA. A state 

 may designate a regional planning unit for areas which as a result of urban- 

 industrial concentrations or other factors have substantial water quality 

 control problems, or it may develop the program at the state level [154]. 



The law provides that the resulting areawide waste treatment management 

 plan identify the treatment works necessary to meet the anticipated 

 municipal and industrial waste treatment needs to meet water quality 

 standards, including requirements for land acquisition. This "208 plan" 

 must include a regulatory program for implementation and target [155]: 



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