[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: 15CFR930.54]

[Page 256-257]
 
                  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. 930.54  Unlisted federal license or permit activities.

    (a)(1) With the assistance of Federal agencies, State agencies 
should monitor unlisted federal license or permit activities (e.g., by 
use of intergovernmental review process established pursuant to E.O. 
12372, review of NEPA documents, Federal Register notices). State 
agencies shall notify Federal agencies, applicants, and the Director of 
unlisted activities affecting any coastal use or resource which require 
State agency review within 30 days from notice of the license or permit 
application, that has been submitted to the approving Federal agency, 
otherwise the State agency waives its right to review the unlisted 
activity. The waiver does not apply in cases where the State agency does 
not receive notice of the federal license or permit application.
    (2) Federal agencies or applicants should provide written notice of 
the submission of applications for federal licenses or permits for 
unlisted activities to the State agency. Notice to the State agency may 
be constructive if notice is published in an official federal public 
notification document or through an official State clearinghouse (i.e., 
the Federal Register, draft or final NEPA EISs that are submitted to the 
State agency, or a State's intergovernmental review process). The 
notice, whether actual or constructive, shall contain sufficient 
information for the State agency to learn of the activity, determine the 
activity's geographic location, and determine whether coastal effects 
are reasonably foreseeable.
    (b) The State agency's notification shall also request the 
Director's approval to review the unlisted activity and shall contain an 
analysis that supports the State agency's assertion that coastal effects 
are reasonably foreseeable. Following State agency notification to the 
Federal agency, applicant and the Director, the Federal agency shall not 
issue the license or permit until the requirements of this subpart have 
been satisfied, unless the Director disapproves the State agency's 
request to review the activity.
    (c) The Federal agency and the applicant have 15 days from receipt 
of the State agency notice to provide comments to the Director regarding 
the State agency's request to review the activity. The sole basis for 
the Director's approval or disapproval of the State agency's request 
will relate to whether the proposed activity's coastal effects are 
reasonably foreseeable. The Director shall issue a decision, with 
supporting comments, to the State agency, Federal agency and applicant 
within 30 days from receipt of the State agency notice. The Director may 
extend the decision deadline beyond 30 days due to the complexity of the 
issues or to address the needs of the State agency, the Federal agency, 
or the applicant. The Director shall consult with the State agency, the 
Federal agency and the applicant prior to extending the decision 
deadline, and shall limit the extension to the minimum time necessary to 
make its decision. The Director shall notify the relevant parties of the 
expected length of an extension.
    (d) If the Director disapproves the State agency's request, the 
Federal agency may approve the license or permit application and the 
applicant need not comply with the requirements of this subpart. If the 
Director approves the State agency's request, the Federal agency and 
applicant must comply with the consistency certification procedures of 
this subpart.

[[Page 257]]

    (e) Following an approval by the Director, the applicant shall amend 
the federal application by including a consistency certification and 
shall provide the State agency with a copy of the certification along 
with necessary data and information (see Sec. Sec. 930.58, 930.62 and 
930.63). For the purposes of this section, concurrence by the State 
agency shall be conclusively presumed in the absence of a State agency 
objection within six months from the original Federal agency notice to 
the State agency (see paragraph (a) of this section) or within three 
months from receipt of the applicant's consistency certification and 
necessary data and information, whichever period terminates last.
    (f) The unlisted activity procedures in this section are provided to 
ensure that State agencies are afforded an opportunity to review federal 
license or permit activities with reasonably foreseeable coastal 
effects. Prior to bringing the issue before the Director, the concerned 
parties should discuss coastal effects and consistency. The applicant 
can avoid delay by simply seeking the State agency's expeditious 
concurrence rather than waiting for the Director's decision. If an 
applicant, of its own accord or after negotiations with the State 
agency, provides a consistency certification and necessary data and 
information to the State agency, the review shall be deemed to have 
received the Director's approval, and all of the provisions of this 
subpart shall apply and the State agency need not request the Director's 
approval. If an applicant for an unlisted activity has not subjected 
itself to the consistency process within the 30 day notification period 
contained in paragraph (a) of this section, the State agency must adhere 
to the unlisted activity review requirements of this section to preserve 
its right to review the activity.