[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: 15CFR930.43]

[Page 252]
 
                  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. 930.43  State agency objection.

    (a) In the event the State agency objects to the Federal agency's 
consistency determination, the State agency shall accompany its response 
to the Federal agency with its reasons for the objection and supporting 
information. The State agency response shall describe:
    (1) How the proposed activity will be inconsistent with specific 
enforceable policies of the management program; and
    (2) The specific enforceable policies (including citations).
    (3) The State agency should also describe alternative measures (if 
they exist) which, if adopted by the Federal agency, would allow the 
activity to proceed in a manner consistent to the maximum extent 
practicable with the enforceable policies of the management program. 
Failure to describe alternatives does not affect the validity of the 
State agency's objection.
    (b) If the State agency's objection is based upon a finding that the 
Federal agency has failed to supply sufficient information, the State 
agency's response must describe the nature of the information requested 
and the necessity of having such information to determine the 
consistency of the Federal agency activity with the enforceable policies 
of the management program.
    (c) State agencies shall send to the Director a copy of objections 
to Federal agency consistency determinations.
    (d) In the event of an objection, Federal and State agencies should 
use the remaining portion of the 90-day notice period (see Sec. 
930.36(b)) to attempt to resolve their differences. If resolution has 
not been reached at the end of the 90-day period, Federal agencies 
should consider using the dispute resolution mechanisms of this part and 
postponing final federal action until the problems have been resolved. 
At the end of the 90-day period the Federal agency shall not proceed 
with the activity over a State agency's objection unless:
    (1) the Federal agency has concluded that under the ``consistent to 
the maximum extent practicable'' standard described in section 930.32 
consistency with the enforceable policies of the management program is 
prohibited by existing law applicable to the Federal agency and the 
Federal agency has clearly described, in writing, to the State agency 
the legal impediments to full consistency (See Sec. Sec. 930.32(a) and 
930.39(a)), or
    (2) the Federal agency has concluded that its proposed action is 
fully consistent with the enforceable policies of the management 
program, though the State agency objects.
    (e) If a Federal agency decides to proceed with a Federal agency 
activity that is objected to by a State agency, or to follow an 
alternative suggested by the State agency, the Federal agency shall 
notify the State agency of its decision to proceed before the project 
commences.

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