[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: 15CFR930.1] [Page 237-239] 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 A_General Information Sec. 930.1 Overall objectives. Subpart A_General Information Sec. 930.1 Overall objectives. 930.2 Public participation. 930.3 Review of the implementation of the federal consistency requirement. 930.4 Conditional concurrences. 930.5 State enforcement action. 930.6 State agency responsibility. Subpart B_General Definitions 930.10 Index to definitions for terms defined in part 930. 930.11 Definitions. Subpart C_Consistency for Federal Agency Activities 930.30 Objectives. 930.31 Federal agency activity. 930.32 Consistent to the maximum extent practicable. 930.33 Identifying Federal agency activities affecting any coastal use or resource. 930.34 Federal and State agency coordination. 930.35 Negative determinations for proposed activities. 930.36 Consistency determinations for proposed activities. 930.37 Consistency determinations and National Environmental Policy Act (NEPA) requirements. 930.38 Consistency determinations for activities initiated prior to management program approval. 930.39 Content of a consistency determination. 930.40 Multiple Federal agency participation. 930.41 State agency response. 930.42 Public participation. 930.43 State agency objection. 930.44 Availability of mediation for disputes concerning proposed activities. 930.45 Availability of mediation for previously reviewed activities. 930.46 Supplemental coordination for proposed activities. Subpart D_Consistency for Activities Requiring a Federal License or Permit 930.50 Objectives. 930.51 Federal license or permit. 930.52 Applicant. 930.53 Listed federal license or permit activities. 930.54 Unlisted federal license or permit activities. 930.55 Availability of mediation for license or permit disputes. 930.56 State agency guidance and assistance to applicants. 930.57 Consistency certifications. 930.58 Necessary data and information. 930.59 Multiple permit review. 930.60 Commencement of State agency review. 930.61 Public participation. 930.62 State agency concurrence with a consistency certification. 930.63 State agency objection to a consistency certification. 930.64 Federal permitting agency responsibility. 930.65 Remedial action for previously reviewed activities. 930.66 Supplemental coordination for proposed activities. Subpart E_Consistency for Outer Continental Shelf (OCS) Exploration, Development and Production Activities 930.70 Objectives. 930.71 Federal license or permit activity described in detail. 930.72 Person. 930.73 OCS plan. 930.74 OCS activities subject to State agency review. 930.75 State agency assistance to persons. [[Page 238]] 930.76 Submission of an OCS plan, necessary data and information and consistency certification. 930.77 Commencement of State agency review and public notice. 930.78 State agency concurrence or objection. 930.79 Effect of State agency concurrence. 930.80 Federal permitting agency responsibility. 930.81 Multiple permit review. 930.82 Amended OCS plans. 930.83 Review of amended OCS plans; public notice. 930.84 Continuing State agency objections. 930.85 Failure to comply substantially with an approved OCS plan. Subpart F_Consistency for Federal Assistance to State and Local Governments 930.90 Objectives. 930.91 Federal assistance. 930.92 Applicant agency. 930.93 Intergovernmental review process. 930.94 State review process for consistency. 930.95 Guidance provided by the State agency. 930.96 Consistency review. 930.97 Federal assisting agency responsibility. 930.98 Federally assisted activities outside of the coastal zone or the described geographic area. 930.99 Availability of mediation for federal assistance disputes. 930.100 Remedial action for previously reviewed activities. 930.101 Supplemental coordination for proposed activities. Subpart G_Secretarial Mediation 930.110 Objectives. 930.111 OCRM mediation. 930.112 Request for Secretarial mediation. 930.113 Public hearings. 930.114 Secretarial mediation efforts. 930.115 Termination of mediation. 930.116 Judicial review. Subpart H_Appeal to the Secretary for Review Related to the Objectives of the Act and National Security Interests 930.120 Objectives. 930.121 Consistent with the objectives or purposes of the Act. 930.122 Necessary in the interest of national security. 930.123 Appellant and Federal agency. 930.124 Computation of time. 930.125 Notice of appeal and application fee to the Secretary. 930.126 Consistency appeal processing fees. 930.127 Briefs and supporting materials. 930.128 Public notice, comment period, and public hearing. 930.129 Dismissal, remand, stay, and procedural override. 930.130 Closure of the decision record and issuance of decision. 930.131 Review initiated by the Secretary. Subpart I_Consistency of Federal Activities Having Interstate Coastal Effects 930.150 Objectives. 930.151 Interstate coastal effect. 930.152 Application. 930.153 Coordination between States in developing coastal management policies. 930.154 Listing activities subject to routine interstate consistency review. 930.155 Federal and State agency coordination. 930.156 Content of a consistency determination or certification and State agency response. 930.157 Mediation and informal negotiations. Authority: 16 U.S.C. 1451 et seq. Source: 65 FR 77154, Dec. 8, 2000, unless otherwise noted. The objectives of this part are: (a) To describe the obligations of all parties who are required to comply with the federal consistency requirement of the Coastal Zone Management Act; (b) To implement the federal consistency requirement in a manner which strikes a balance between the need to ensure consistency for federal actions affecting any coastal use or resource with the enforceable policies of approved management programs and the importance of federal activities; (c) To provide flexible procedures which foster intergovernmental cooperation and minimize duplicative effort and unnecessary delay, while making certain that the objectives of the federal consistency requirement of the Act are satisfied. Federal agencies, State agencies, and applicants should coordinate as early as possible in developing a proposed federal action, and may mutually agree to intergovernmental coordination efforts to meet the requirements of these regulations, provided that public participation requirements are met and applicable [[Page 239]] State management program enforceable policies are considered. (d) To interpret significant terms in the Act and this part; (e) To provide procedures to make certain that all Federal agency and State agency consistency decisions are directly related to the enforceable policies of approved management programs; (f) To provide procedures which the Secretary, in cooperation with the Executive Office of the President, may use to mediate serious disagreements which arise between Federal and State agencies during the administration of approved management programs; and (g) To provide procedures which permit the Secretary to review federal license or permit activities, or federal assistance activities, to determine whether they are consistent with the objectives or purposes of the Act, or are necessary in the interest of national security.