[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: 15CFR930.35]

[Page 247-248]
 
                  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. 930.35  Negative determinations for proposed activities.

    (a) If a Federal agency determines that there will not be coastal 
effects, then the Federal agency shall provide the State agencies with a 
negative determination for a Federal agency activity:
    (1) Identified by a State agency on its list, as described in Sec. 
930.34(b), or through case-by-case monitoring of unlisted activities; or
    (2) Which is the same as or is similar to activities for which 
consistency determinations have been prepared in the past; or
    (3) For which the Federal agency undertook a thorough consistency 
assessment and developed initial findings on the coastal effects of the 
activity.
    (b) Content of a negative determination. A negative determination 
may be submitted to State agencies in any written form so long as it 
contains a brief description of the activity, the activity's location 
and the basis for the Federal agency's determination that the activity 
will not affect any coastal use or resource. In determining effects, 
Federal agencies shall follow Sec. 930.33(a)(1), including an 
evaluation of the relevant enforceable policies of a management program 
and include the evaluation in the negative determination. The level of 
detail in the Federal agency's analysis may vary depending on the scope 
and complexity of the activity and issues raised by the State agency, 
but shall be sufficient for the State agency to evaluate whether coastal 
effects are reasonably foreseeable.
    (c) A negative determination under paragraph (a) of this section 
shall be provided to the State agency at least 90 days before final 
approval of the activity, unless both the Federal agency and the State 
agency agree to an alternative notification schedule. A State agency is 
not obligated to respond to a negative determination. If a State agency 
does not respond to a Federal agency's negative determination within 60 
days, State agency concurrence with the negative determination shall be 
presumed. State agency concurrence shall not be presumed in cases where 
the State agency, within the 60-day period, requests an extension of 
time to review the matter. Federal agencies shall approve one request 
for an extension period of 15 days or less. If a State agency objects to 
a negative determination, asserting that coastal effects are reasonably 
foreseeable, the Federal agency shall consider submitting a consistency 
determination to the State agency or otherwise attempt to resolve any 
disagreement within the remainder of the 90-day period. If a Federal 
agency, in response to a State agency's objection to a negative 
determination, agrees that coastal effects are reasonably foreseeable, 
the State agency and Federal agency should attempt to agree to complete 
the consistency review within the 90-day period for the negative 
determination or consider an alternative schedule pursuant to Sec. 
930.36(b)(1). Federal agencies should consider postponing final Federal 
agency action, beyond the 90-day period, until a disagreement has been 
resolved.

[[Page 248]]

State agencies are not required to provide public notice of the receipt 
of a negative determination or the resolution of an objection to a 
negative determination, unless a Federal agency submits a consistency 
determination pursuant to Sec. 930.34.
    (d) In the event of a serious disagreement between a Federal agency 
and a State agency regarding a determination related to whether a 
proposed activity affects any coastal use or resource, either party may 
seek the Secretarial mediation or OCRM mediation services provided for 
in subpart G.