[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: 15CFR930.31]



[Page 242-243]

 

                  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 C_Consistency for Federal Agency Activities

 

Sec. 930.31  Federal agency activity.



    (a) The term ``Federal agency activity'' means any functions 

performed by or on behalf of a Federal agency in the exercise of its 

statutory responsibilities. This encompasses a wide range of Federal 

agency activities which initiate an event or series of events where 

coastal effects are reasonably foreseeable, e.g., rulemaking, planning, 

physical alteration, exclusion of uses. The term ``Federal agency 

activity'' does not include the issuance of a federal license or permit 

to an applicant or person (see subparts D and E of this part) or the 

granting of federal assistance to an applicant agency (see subpart F of 

this part).

    (b) The term federal ``development project'' means a Federal agency 

activity involving the planning, construction, modification, or removal 

of public works, facilities, or other structures, and includes the 

acquisition, use, or disposal of any coastal use or resource.

    (c) The Federal agency activity category is a residual category for 

federal actions that are not covered under subparts D, E, or F of this 

part.

    (d) A general permit program proposed by a Federal agency is subject 

to this subpart if the general permit program does not involve case-by-

case approval by the Federal agency, unless a Federal agency chooses to 

subject its general permit program to consistency review under subpart D 

of this part, by providing the State agency with a consistency 

certification. When proposing a general permit program, a Federal agency 

shall provide a consistency determination to the relevant management 

programs and request that the State agency(ies) provide the Federal 

agency with conditions that would permit the State agency to concur with 

the Federal agency's consistency determination. State concurrence shall 

remove the need for the State agency to review future case-by-case uses 

of the



[[Page 243]]



general permit for consistency with the enforceable policies of 

management programs. Federal agencies shall, to the maximum extent 

practicable, incorporate the State conditions into the general permit. 

If the State conditions are not incorporated into the general permit or 

a State agency objects to the general permit, then the Federal agency 

shall notify potential users of the general permit that the general 

permit is not authorized for that State unless the State agency concurs 

that the activity is consistent with the enforceable policies of its 

management program. Accordingly, the applicants in those States shall 

provide the State agency with a consistency certification under subpart 

D of this part.

    (e) The terms ``Federal agency activity'' and ``Federal development 

project'' also include modifications of any such activity or development 

project which affect any coastal use or resource, provided that, in the 

case of modifications of an activity or development project which the 

State agency has previously reviewed, the effect on any coastal use or 

resource is substantially different than those previously reviewed by 

the State agency.