[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: 15CFR930.34]

[Page 246-247]
 
                  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. 930.34  Federal and State agency coordination.

    (a)(1) Federal agencies shall provide State agencies with 
consistency determinations for all Federal agency activities affecting 
any coastal use or resource. To facilitate State agency review, Federal 
agencies should coordinate with the State agency prior to providing the 
determination.
    (2) Use of existing procedures. Federal agencies are encouraged to 
coordinate and consult with State agencies through use of existing 
procedures in order to avoid waste, duplication of effort, and to reduce 
Federal and State agency administrative burdens. Where necessary, these 
existing procedures should be modified to facilitate coordination and 
consultation under the Act.
    (b) Listed activities. State agencies are strongly encouraged to 
list in their management programs Federal agency activities which, in 
the opinion of the State agency, will have reasonably foreseeable 
coastal effects and therefore, may require a Federal agency consistency 
determination. Listed Federal agency activities shall be described in 
terms of the specific type of activity involved (e.g., federal 
reclamation projects). In the event the State agency chooses to describe 
Federal agency activities that occur outside of the coastal zone, which 
the State agency believes will have reasonably foreseeable coastal 
effects, it shall also describe the geographic location of such 
activities (e.g., reclamation projects in coastal floodplains).
    (c) Unlisted activities. State agencies should monitor unlisted 
Federal agency activities (e.g., by use of intergovernmental review 
process established pursuant to E.O. 12372, review of NEPA documents, 
and the Federal Register) and should notify Federal agencies of unlisted 
Federal agency activities which Federal agencies have not subjected to a 
consistency review but which, in the opinion of the State agency, will 
have reasonably foreseeable coastal effects and therefore, may require a 
Federal agency consistency determination. The provisions in paragraphs 
(b) and (c) of this section are recommended rather than mandatory 
procedures for facilitating federal-State coordination of Federal agency 
activities which affect any coastal use or resource. State agency 
notification to the Federal agency (by listed or unlisted notification) 
is neither a substitute for nor does it eliminate Federal agency 
responsibility to comply with the consistency requirement, and

[[Page 247]]

to provide State agencies with consistency determinations for all 
development projects in the coastal zone and for all other Federal 
agency activities which the Federal agency finds affect any coastal use 
or resource, regardless of whether the State agency has listed the 
activity or notified the Federal agency through case-by-case monitoring.
    (d) State guidance and assistance to Federal agencies. As a 
preliminary matter, a decision that a Federal agency activity affects 
any coastal use or resource should lead to early consultation with the 
State agency (i.e., before the required 90-day period). Federal agencies 
should obtain the views and assistance of the State agency regarding the 
means for determining that the proposed activity will be conducted in a 
manner consistent to the maximum extent practicable with the enforceable 
policies of a management program. As part of its assistance efforts, the 
State agency shall make available for public inspection copies of the 
management program document. Upon request by the Federal agency, the 
State agency shall identify any enforceable policies applicable to the 
proposed activity based upon the information provided to the State 
agency at the time of the request.