[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: 15CFR930.33]



[Page 244-245]

 

                  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. 930.33  Identifying Federal agency activities affecting any coastal 

use or resource.



    (a) Federal agencies shall determine which of their activities 

affect any coastal use or resource of States with approved management 

programs.

    (1) Effects are determined by looking at reasonably foreseeable 

direct and indirect effects on any coastal use or resource. An action 

which has minimal or no environmental effects may still have effects on 

a coastal use (e.g., effects on public access and recreational 

opportunities, protection of historic property) or a coastal resource, 

if the activity initiates an event or series of events where coastal 

effects are reasonably foreseeable. Therefore, Federal agencies shall, 

in making a determination of effects, review relevant management program 

enforceable policies as part of determining effects on any coastal use 

or resource.

    (2) If the Federal agency determines that a Federal agency activity 

has no effects on any coastal use or resource, and a negative 

determination under Sec. 930.35 is not required, then the Federal 

agency is not required to coordinate with State agencies under section 

307 of the Act.

    (3)(i) De minimis Federal agency activities. Federal agencies are 

encouraged to review their activities, other than development projects 

within the coastal zone, to identify de minimis activities, and request 

State agency concurrence that these de minimis activities should not be 

subject to further State agency review. De minimis activities shall only 

be excluded from State agency review if a Federal agency and State 

agency have agreed. The State agency shall provide for public 

participation under section 306(d)(14) of the Act when reviewing the 

Federal agency's de minimis activity request. If the State agency 

objects to the Federal agency's de minimis finding then the Federal 

agency must provide the State agency with either a negative 

determination or a consistency determination pursuant to this subpart. 

OCRM is available to facilitate a Federal agency's request.

    (ii) De minimis activities are activities that are expected to have 

insignificant direct or indirect (cumulative and



[[Page 245]]



secondary) coastal effects and which the State agency concurs are de 

minimis.

    (4) Environmentally beneficial activities. The State agency and 

Federal agencies may agree to exclude environmentally beneficial Federal 

agency activities (either on a case-by-case basis or for a category of 

activities) from further State agency consistency review. 

Environmentally beneficial activity means an activity that protects, 

preserves, or restores the natural resources of the coastal zone. The 

State agency shall provide for public participation under section 

306(d)(14) of the Act for the State agency's consideration of whether to 

exclude environmentally beneficial activities.

    (5) General consistency determinations, phased consistency 

determinations, and national or regional consistency determinations 

under Sec. 930.36 are also available to facilitate federal-State 

coordination.

    (b) Federal agencies shall consider all development projects within 

the coastal zone to be activities affecting any coastal use or resource. 

All other types of activities within the coastal zone are subject to 

Federal agency review to determine whether they affect any coastal use 

or resource.

    (c) Federal agency activities and development projects outside of 

the coastal zone, are subject to Federal agency review to determine 

whether they affect any coastal use or resource.

    (d) Federal agencies shall broadly construe the effects test to 

provide State agencies with a consistency determination under Sec. 

930.34 and not a negative determination under Sec. 930.35 or other 

determinations of no effects. Early coordination and cooperation between 

a Federal agency and the State agency can enable the parties to focus 

their efforts on particular Federal agency activities of concern to the 

State agency.