[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR930.33]

[Page 241-242]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 930--FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS--Table of Contents
 
          Subpart C--Consistency for Federal Agency Activities
 
Sec. 930.33  Identifying Federal agency activities affecting any coastal use or resource.

    (a) Federal agencies shall determine which of their activities 
affect any coastal use or resource of States with approved management 
programs.
    (1) Effects are determined by looking at reasonably foreseeable 
direct and indirect effects on any coastal use or resource. An action 
which has minimal or no environmental effects may still have effects on 
a coastal use (e.g., effects on public access and recreational 
opportunities, protection of historic property) or a coastal resource, 
if the activity initiates an event or series of events where coastal 
effects are reasonably foreseeable. Therefore, Federal agencies shall, 
in making a determination of effects, review relevant management program 
enforceable policies as part of determining effects on any coastal use 
or resource.
    (2) If the Federal agency determines that a Federal agency activity 
has no effects on any coastal use or resource, and a negative 
determination under Sec. 930.35 is not required, then the Federal agency 
is not required to coordinate with State agencies under section 307 of 
the Act.
    (3)(i) De minimis Federal agency activities. Federal agencies are 
encouraged to review their activities, other than development projects 
within the coastal zone, to identify de minimis activities, and request 
State agency concurrence that these de minimis activities should not be 
subject to further State agency review. De minimis activities shall only 
be excluded from State agency review if a Federal agency and State 
agency have agreed. The State agency shall provide for public 
participation under section 306(d)(14) of the Act when reviewing the 
Federal agency's de minimis activity request. If the State agency 
objects to the Federal agency's de minimis finding then the Federal 
agency must provide the State agency with either a negative 
determination or a consistency determination pursuant to this subpart. 
OCRM is available to facilitate a Federal agency's request.
    (ii) De minimis activities are activities that are expected to have 
insignificant direct or indirect (cumulative and

[[Page 242]]

secondary) coastal effects and which the State agency concurs are de 
minimis.
    (4) Environmentally beneficial activities. The State agency and 
Federal agencies may agree to exclude environmentally beneficial Federal 
agency activities (either on a case-by-case basis or for a category of 
activities) from further State agency consistency review. 
Environmentally beneficial activity means an activity that protects, 
preserves, or restores the natural resources of the coastal zone. The 
State agency shall provide for public participation under section 
306(d)(14) of the Act for the State agency's consideration of whether to 
exclude environmentally beneficial activities.
    (5) General consistency determinations, phased consistency 
determinations, and national or regional consistency determinations 
under Sec. 930.36 are also available to facilitate federal-State 
coordination.
    (b) Federal agencies shall consider all development projects within 
the coastal zone to be activities affecting any coastal use or resource. 
All other types of activities within the coastal zone are subject to 
Federal agency review to determine whether they affect any coastal use 
or resource.
    (c) Federal agency activities and development projects outside of 
the coastal zone, are subject to Federal agency review to determine 
whether they affect any coastal use or resource.
    (d) Federal agencies shall broadly construe the effects test to 
provide State agencies with a consistency determination under 
Sec. 930.34 and not a negative determination under Sec. 930.35 or other 
determinations of no effects. Early coordination and cooperation between 
a Federal agency and the State agency can enable the parties to focus 
their efforts on particular Federal agency activities of concern to the 
State agency.