[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: 15CFR930.53]

[Page 255-256]
 
                  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 D_Consistency for Activities Requiring a Federal License or 
                                 Permit
 
Sec. 930.53  Listed federal license or permit activities.

    (a) State agencies shall develop a list of federal license or permit 
activities which affect any coastal use or resource, including 
reasonably foreseeable effects, and which the State agency wishes to 
review for consistency with the management program. The list shall be 
included as part of the management program, and the federal license or 
permit activities shall be described in terms of the specific licenses 
or permits involved (e.g., Corps of Engineers 404 permits, Coast Guard 
bridge permits). In the event the State agency chooses to review federal 
license or permit activities, with reasonably foreseeable coastal 
effects, outside of the coastal zone, it must generally describe the 
geographic location of such activities.
    (1) The geographic location description should encompass areas 
outside of the coastal zone where coastal effects from federal license 
or permit activities are reasonably foreseeable. The State agency should 
exclude geographic areas outside of the coastal zone where coastal 
effects are not reasonably foreseeable. Listed activities may have 
different geographic location descriptions, depending on the nature of 
the activity and its coastal effects. For example, the geographic 
location for activities affecting water resources or uses could be 
described by shared water bodies, river basins, boundaries defined under 
the State's coastal nonpoint pollution control program, or other 
ecologically identifiable areas. Federal lands located within the 
boundaries of a State's coastal zone are automatically included within 
the geographic location description; State agencies do not have to 
describe these areas. State agencies do have to describe the geographic 
location of listed activities occurring on federal lands located beyond 
the boundaries of a State's coastal zone.
    (2) For listed activities occurring outside of the coastal zone for 
which a State has not generally described the geographic location of 
review, States must follow the conditions for review of unlisted 
activities under Sec. 930.54 of this subpart.
    (b) General concurrences for minor activities. To avoid repeated 
review of minor federal license or permit activities which, while 
individually inconsequential, cumulatively affect any coastal use or 
resource, the State agency, after developing conditions allowing 
concurrence for such activities, may issue a general public notice (see 
Sec. 930.61) and general concurrence allowing similar minor work in the 
same geographic area to proceed without prior State agency review. In 
such cases, the State agency must set forth in the management program 
license and permit list the minor federal license or permit activities 
and the relevant conditions which are covered by the general 
concurrence. Minor federal license or permit activities which satisfy 
the conditions of the general concurrence are not subject to the 
consistency certification requirement of this subpart. Except in cases 
where the State agency indicates otherwise, copies of federal license or 
permit applications for activities subject to a general concurrence must 
be sent by the applicant to the State agency to allow the State agency 
to monitor adherence to the conditions required by such concurrence. 
Confidential and proprietary material within such applications may be 
deleted.
    (c) The license and permit list may be amended by the State agency 
following consultation with the affected Federal agency and approval by 
the Director pursuant to the program change requirements found at 15 CFR 
part 923, subpart H.

[[Page 256]]

    (1) Consultation with the affected Federal agency means, at least 60 
days prior to submitting a program change request to OCRM, a State 
agency shall notify in writing the relevant regional or field Federal 
agency staff and the head of the affected Federal agency, and request 
comments on the listing change. The notification shall describe the 
proposed change and identify the regional Federal agency staff the State 
has contacted for consultation.
    (2) A State agency must include in its program change request to 
OCRM a description of any comments received from the affected Federal 
agency.
    (d) No federal license or permit described on an approved list shall 
be issued by a Federal agency until the requirements of this subpart 
have been satisfied. Federal agencies shall inform applicants for listed 
licenses or permits of the requirements of this subpart.