[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: 15CFR930.39]

[Page 246]
 
                  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. 930.39  Content of a consistency determination.

    (a) The consistency determination shall include a brief statement 
indicating whether the proposed activity will be undertaken in a manner 
consistent to the maximum extent practicable with the enforceable 
policies of the management program. The statement must be based upon an 
evaluation of the relevant enforceable policies of the management 
program. A description of this evaluation shall be included in the 
consistency determination, or provided to the State agency 
simultaneously with the consistency determination if the evaluation is 
contained in another document. Where a Federal agency is aware, prior to 
its submission of its consistency determination, that its activity is 
not fully consistent with a management program's enforceable policies, 
the Federal agency shall describe in its consistency determination the 
legal authority that prohibits full consistency as required by 
Sec. 930.32(a)(2). Where the Federal agency is not aware of any 
inconsistency until after submission of its consistency determination, 
the Federal agency shall submit its description of the legal authority 
that prohibits full consistency to the State agency as soon as possible, 
or before the end of the 90-day period described in Sec. 930.36(b)(1). 
The consistency determination shall also include a detailed description 
of the activity, its associated facilities, and their coastal effects, 
and comprehensive data and information sufficient to support the Federal 
agency's consistency statement. The amount of detail in the evaluation 
of the enforceable policies, activity description and supporting 
information shall be commensurate with the expected coastal effects of 
the activity. The Federal agency may submit the necessary information in 
any manner it chooses so long as the requirements of this subpart are 
satisfied.
    (b) Federal agencies shall be guided by the following in making 
their consistency determinations. The activity its effects on any 
coastal use or resource, associated facilities (e.g., proposed siting 
and construction of access road, connecting pipeline, support buildings, 
and the effects of the associated facilities (e.g., erosion, wetlands, 
beach access impacts), must all be consistent to the maximum extent 
practicable with the enforceable policies of the management program.
    (c) In making their consistency determinations, Federal agencies 
shall ensure that their activities are consistent to the maximum extent 
practicable with the enforceable, policies of the management program. 
However, Federal agencies should give consideration to management 
program provisions which are in the nature of recommendations.
    (d) When Federal agency standards are more restrictive than 
standards or requirements contained in the management program, the 
Federal agency may continue to apply its stricter standards. In such 
cases the Federal agency shall inform the State agency in the 
consistency determination of the statutory, regulatory or other basis 
for the application of the stricter standards.
    (e) State permit requirements. Federal law, other than the CZMA, may 
require a Federal agency to obtain a State permit. Even when Federal 
agencies are not required to obtain State permits, Federal agencies 
shall still be consistent to the maximum extent practicable with the 
enforceable policies that are contained in such State permit programs 
that are part of a management program.