National Estuarine
Research Reserves

Designation Process

The process to designate a national estuarine research reserve involves many steps, many individuals, and many organizations. Reserves are based on partnerships, with NOAA serving as the lead federal partner. Other partners include state agencies, tribal nations, Indigenous peoples, nonprofit groups, universities, and members of the local community.

Designation Steps: 6

Step 1 Letter of Interest

The state sends a letter, usually from the governor, to the NOAA administrator identifying

• Interest in developing a reserve program and nominating a site (do not indicate a specific site)

• Need for funds for site selection (if applicable)

• Lead agency or agencies for contact

NOAA will respond to the state with a determination of whether it can consider a nomination and provide funds.

Step 2 Site Selection and Nomination

Once NOAA determines that it can accept a new nomination, the lead agency may submit an application to NOAA for predesignation assistance funding (30 percent match requirement). A state is eligible for a total of $100,000 in federal funds for predesignation activities, which include site selection, preparation of the required Draft Environmental Impact Statement and Draft Management Plan, as well as Final Environmental Impact Statement and Final Management Plan, and a limited basic characterization of the physical, chemical, and biological characteristics of the site.

Steps for selecting a site include the following:

• NOAA and the state collaboratively determine the process to develop the site-selection criteria. NOAA recommends the state establishing a site-selection committee composed of key interested individuals from a variety of disciplines, organizations, and perspectives, including tribal nations and Indigenous peoples. NOAA provides a suite of site-selection criteria and collaboratively works with the state and other partners to augment the criteria to better support the unique social, cultural, and ecological factors of that area. A site must contribute to the biogeographic and typological balance of the National Estuarine Research Reserve System and be adequately protected from significant ecological change via existing state authorities.

• Relationships should be developed early in the process with community members, including Indigenous peoples and tribal, state, local, and federal governments. Early in the site-selection process, the state must seek the views of affected landowners, including tribal, state, local, and federal governments and other parties, including Indigenous peoples, who are interested in or affected by the areas being considered. After these entities have been contacted, at least one public meeting should be held in the vicinity of the proposed site.

The governor submits to the NOAA administrator a site-selection document and a nomination letter identifying the proposed site and confirming the lead state agency. NOAA reviews the site-selection document and sends a letter to the governor accepting or rejecting the nomination.

Step 3 Draft Environmental Impact Statement and Draft Management Plan

Before preparation of the Draft Environmental Impact Statement and Draft Management Plan, and in accordance with the National Environmental Policy Act (NEPA), NOAA publishes an intent to prepare an Environmental Impact Statement in the Federal Register. In addition, the state and NOAA hold one or more scoping meetings—with the state conducting these meetings—to solicit the views of the public about the proposed project before preparation of the Draft Environmental Impact Statement and Draft Management Plan. The meeting must be publicized at least 15 days before being held in both the Federal Register and local media. Comments are accepted and addressed in the Draft Environmental Impact Statement.

The state, in collaboration with NOAA, prepares a preliminary and final Draft Environmental Impact Statement and Draft Management Plan, including a memorandum of understanding identifying state and NOAA roles in managing the reserve, and the appropriate draft or final memorandums of understanding among reserve partners establishing roles and responsibilities. The state submits the preliminary and final documents to NOAA for review.

NOAA announces the availability of the Draft Environmental Impact Statement and Draft Management Plan in the Federal Register. The date of publication begins a 45-day comment period on this plan. The state and NOAA hold one or more public hearings 30-45 days after the Federal Register notice and the notice through the local media.

Step 4 Final Environmental Impact Statement and Final Management Plan

The state, in collaboration with NOAA, prepares the Final Environmental Impact Statement and Final Management Plan as follows:

• NOAA works with the state to respond to comment on the Draft Environmental Impact Statement and Draft Management Plan.

• The state makes necessary changes to the document and submits preliminary and final documents to NOAA for review.

• The Final Environmental Impact Statement and Final Management Plan includes:

  • the unsigned memorandum of understanding between NOAA and the state

  • signed memorandum(s) of understanding among reserve partners establishing roles and responsibilities

  • a Coastal Zone Management Act federal consistency determination

  • an Endangered Species Act section 7 consultation with the U.S. Fish and Wildlife Service

  • a National Historic Preservation Act section 106 consultation with the state historic preservation officer

• Upon approval, NOAA prints the Final Environmental Impact Statement and Final Management Plan and distributes it to those who provided comments and to other interested parties.

• NOAA publishes a Federal Register notice announcing the availability of the final plan. The date of publication begins the 30-day waiting period.

Step 5 Designation Findings and Certificate; Record of Decision

After a 30 day waiting period, NOAA prepares designation findings for signature by the NOAA administrator. Once the designation findings and the memorandum of understanding between NOAA and the state are signed, the designation is official.

Step 6 Designation Ceremony

NOAA presents the certificate of designation to state officials and the reserve partners. The new reserve is on its way to serving its community with long-term research, water quality monitoring, educational programs, and coastal stewardship activities.

Future Designations

The following policies apply to potential designations.

1. NOAA is committed to growing a system of reserves representing the diverse biogeographic and typological character of the estuaries of the United States.

2. The priority for NOAA funding is to support the operation of designated reserves and the development of new research reserves in states that currently have a formal commitment from NOAA to proceed with the designation process.

3. Additional designations, beyond the existing 30 reserves, and three proposed currently in the designation process, will be considered by NOAA when sufficient federal staff and resources are available to adequately support additional designation and operation activities. The priority for new designations are those proposed in an unrepresented biogeographic subregion or state or territory. (see NOAA regulations at 15 CFR.921).

Parties interested in a reserve designation are encouraged to contact NOAA.