[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR923.51]



[Page 212]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 923_COASTAL ZONE MANAGEMENT PROGRAM REGULATIONS--Table of Contents

 

    Subpart F_Coordination, Public Involvement and National Interest

 

Sec. 923.51  Federal-State consultation.



    (a) The management program must be developed and adopted with the 

opportunity of full participation by relevant Federal agencies and with 

adequate consideration of the views of Federal agencies principally 

affected by such program.

    (b) By providing relevant Federal agencies with the opportunity for 

full participation during program development and for adequately 

considering the views of such agencies, States can effectuate the 

Federal consistency provisions of subsections 307 (c) and (d) of the Act 

once their programs are approved. (See 15 CFR part 930 for a full 

discussion of the Federal consistency provisions of the Act.)

    (c) In addition to the consideration of relevant Federal agency 

views required during program development, Federal agencies have the 

opportunity to provide further comment during the program review and 

approval process. (See subpart G for details on this process.) Moreover, 

in the event of a serious disagreement between a relevant Federal agency 

and designated State agency during program development or during program 

implementation, the mediation provisions of subsection 307(h) of the Act 

are available. (See Sec. 923.54 for details on mediation.)

    (d) In order to provide an opportunity for participation by relevant 

Federal agencies and give adequate consideration to their views, each 

state must:

    (1) Contact each relevant Federal Agency listed in Sec. 923.2(d) 

and such other Federal agencies as may be relevant, owing to a State's 

particular circumstances, early in the development of its management 

program. The purpose of such contact is to develop mutual arrangements 

or understandings regarding that agency's participation during program 

development;

    (2) Provide for Federal agency input on a timely basis as the 

program is developed. Such input shall be related both to information 

required to develop the management program and to evaluation of and 

recommendations concerning various elements of the management program;

    (3) Solicit statements from the head of Federal agencies identified 

in Table 1 of Sec. 923.52(c)(1) as to their interpretation of the 

national interest in the planning for and siting of facilities which are 

more than local in nature;

    (4) Summarize the nature, frequency, and timing of contacts with 

relevant Federal agencies;

    (5) Evaluate Federal comments received during the program 

development process and, where appropriate in the opinion of the State, 

accommodate the substance of pertinent comments in the management 

program. States must consider and evaluate relevant Federal agency views 

or comments about the following:

    (i) Management of coastal resources for preservation, conservation, 

development, enhancement or restoration purposes;

    (ii) Statements of the national interest in the planning for or 

siting of facilities which are more than local in nature;

    (iii) Uses which are subject to the management program;

    (iv) Areas which are of particular concern to the management 

program;

    (v) Boundary determinations;

    (vi) Shorefront access and protecting planning, energy facility 

planning and erosion planning processes; and

    (vii) Federally developed or assisted plans that must be coordinated 

with the management program pursuant to subsection 306(d)(3) of the Act.

    (6) Indicate the nature of major comments by Federal agencies 

provided during program development (either by including copies of 

comments or by summarizing comments) and discuss any major differences 

or conflicts between the management program and Federal views that have 

not been resolved at the time of program submission.