[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR923.54]

[Page 214-215]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 
                               OF COMMERCE
 
PART 923_COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS--Table of Contents
 
    Subpart F_Coordination, Public Involvement and National Interest
 
Sec. 923.54  Mediation.

    (a) Section 307(h) of the Act provides for mediation of serious 
disagreement between any Federal agency and a coastal state in the 
development and implementation of a management program. In certain 
cases, mediation by the Secretary, with the assistance of the Executive 
Office of the President, may be an appropriate forum for conflict 
resolution.
    (b) State-Federal differences should be addressed initially by the 
parties involved. Whenever a serious disagreement cannot be resolved 
between the parties concerned, either party may request the informal 
assistance of the Assistant Administrator in resolving

[[Page 215]]

the disagreement. This request shall be in writing, stating the points 
of disagreement and the reason therefore. A copy of the request shall be 
sent to the other party to the disagreement.
    (c) If a serious disagreement persists, the Secretary or other head 
of a relevant Federal agency, or the Governor or the head of the state 
agency designated by the Governor as administratively responsible for 
program development (if a state still is receiving section 305 program 
development grants) or for program implementation (if a state is 
receiving section 306 program implementation grants) may notify the 
Secretary in writing of the existence of a serious disagreement, and may 
request that the Secretary seek to mediate the serious disagreement. A 
copy of the written request must be sent to the agency with which the 
requesting agency disagrees and to the Assistant Administrator.
    (d) Secretarial mediation efforts shall last only so long as the 
parties agree to participate. The Secretary shall confer with the 
Executive Office of the President, as necessary, during the mediation 
process.
    (e) Mediation shall terminate:
    (1) At any time the parties agree to a resolution of the serious 
disagreement,
    (2) If one of the parties withdraws from mediation,
    (3) In the event the parties fail to reach a resolution of the 
serious disagreement within 15 days following Secretarial mediation 
efforts, and the parties do not agree to extend mediation beyond that 
period, or
    (4) For other good cause.
    (f) The availability of the mediation services provided in this 
section is not intended expressly or implicitly to limit the parties' 
use of alternate forums to resolve disputes. Specifically, judicial 
review where otherwise available by law may be sought by any party to a 
serious disagreement without first having exhausted the mediation 
process provided herein.