[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: 15CFR930.45]

[Page 249]
 
                  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. 930.45  Availability of mediation for previously reviewed activities.

    (a) Federal and State agencies shall cooperate in their efforts to 
monitor federally approved activities in order to make certain that such 
activities continue to be undertaken in a manner consistent to the 
maximum extent practicable with the enforceable policies of the 
management program.
    (b) The State agency may request that the Federal agency take 
appropriate remedial action following a serious disagreement resulting 
from a Federal agency activity, including those activities where the 
State agency's concurrence was presumed, which was:
    (1) Previously determined to be consistent to the maximum extent 
practicable with the management program, but which the State agency 
later maintains is being conducted or is having an effect on any coastal 
use or resource substantially different than originally described and, 
as a result, is no longer consistent to the maximum extent practicable 
with the enforceable policies of the management program; or
    (2) Previously determined not to be a Federal agency activity 
affecting any coastal use or resource, but which the State agency later 
maintains is being conducted or is having an effect on any coastal use 
or resource substantially different than originally described and, as a 
result, the activity affects any coastal use or resource and is not 
consistent to the maximum extent practicable with the enforceable 
policies of the management program. The State agency's request shall 
include supporting information and a proposal for recommended remedial 
action.
    (c) If, after a reasonable time following a request for remedial 
action, the State agency still maintains that a serious disagreement 
exists, either party may request the Secretarial mediation or OCRM 
mediation services provided for in subpart G of this part.