[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: 15CFR923.54]



[Page 213-214]

 

                  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. 923.54  Mediation.



    (a) Section 307(h) of the Act provides for mediation of serious 

disagreement between any Federal agency and a coastal state in the 

development and implementation of a management program. In certain 

cases, mediation by the Secretary, with the assistance of the Executive 

Office of the President, may be an appropriate forum for conflict 

resolution.

    (b) State-Federal differences should be addressed initially by the 

parties involved. Whenever a serious disagreement cannot be resolved 

between the parties concerned, either party may request the informal 

assistance of the Assistant Administrator in resolving



[[Page 214]]



the disagreement. This request shall be in writing, stating the points 

of disagreement and the reason therefore. A copy of the request shall be 

sent to the other party to the disagreement.

    (c) If a serious disagreement persists, the Secretary or other head 

of a relevant Federal agency, or the Governor or the head of the state 

agency designated by the Governor as administratively responsible for 

program development (if a state still is receiving section 305 program 

development grants) or for program implementation (if a state is 

receiving section 306 program implementation grants) may notify the 

Secretary in writing of the existence of a serious disagreement, and may 

request that the Secretary seek to mediate the serious disagreement. A 

copy of the written request must be sent to the agency with which the 

requesting agency disagrees and to the Assistant Administrator.

    (d) Secretarial mediation efforts shall last only so long as the 

parties agree to participate. The Secretary shall confer with the 

Executive Office of the President, as necessary, during the mediation 

process.

    (e) Mediation shall terminate:

    (1) At any time the parties agree to a resolution of the serious 

disagreement,

    (2) If one of the parties withdraws from mediation,

    (3) In the event the parties fail to reach a resolution of the 

serious disagreement within 15 days following Secretarial mediation 

efforts, and the parties do not agree to extend mediation beyond that 

period, or

    (4) For other good cause.

    (f) The availability of the mediation services provided in this 

section is not intended expressly or implicitly to limit the parties' 

use of alternate forums to resolve disputes. Specifically, judicial 

review where otherwise available by law may be sought by any party to a 

serious disagreement without first having exhausted the mediation 

process provided herein.