[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: 15CFR930.34]



[Page 245-246]

 

                  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. 930.34  Federal and State agency coordination.



    (a)(1) Federal agencies shall provide State agencies with 

consistency determinations for all Federal agency activities affecting 

any coastal use or resource. To facilitate State agency review, Federal 

agencies should coordinate with the State agency prior to providing the 

determination.

    (2) Use of existing procedures. Federal agencies are encouraged to 

coordinate and consult with State agencies through use of existing 

procedures in order to avoid waste, duplication of effort, and to reduce 

Federal and State agency administrative burdens. Where necessary, these 

existing procedures should be modified to facilitate coordination and 

consultation under the Act.

    (b) Listed activities. State agencies are strongly encouraged to 

list in their management programs Federal agency activities which, in 

the opinion of the State agency, will have reasonably foreseeable 

coastal effects and therefore, may require a Federal agency consistency 

determination. Listed Federal agency activities shall be described in 

terms of the specific type of activity involved (e.g., federal 

reclamation projects). In the event the State agency chooses to describe 

Federal agency activities that occur outside of the coastal zone, which 

the State agency believes will have reasonably foreseeable coastal 

effects, it shall also describe the geographic location of such 

activities (e.g., reclamation projects in coastal floodplains).

    (c) Unlisted activities. State agencies should monitor unlisted 

Federal agency activities (e.g., by use of intergovernmental review 

process established pursuant to E.O. 12372, review of NEPA documents, 

and the Federal Register) and should notify Federal agencies of unlisted 

Federal agency activities which Federal agencies have not subjected to a 

consistency review but which, in the opinion of the State agency, will 

have reasonably foreseeable coastal effects and therefore, may require a 

Federal agency consistency determination. The provisions in paragraphs 

(b) and (c) of this section are recommended rather than mandatory 

procedures for facilitating federal-State coordination of Federal agency 

activities which affect any coastal use or resource. State agency 

notification to the Federal agency (by listed or unlisted notification) 

is neither a substitute for nor does it eliminate Federal agency 

responsibility to comply with the consistency requirement, and



[[Page 246]]



to provide State agencies with consistency determinations for all 

development projects in the coastal zone and for all other Federal 

agency activities which the Federal agency finds affect any coastal use 

or resource, regardless of whether the State agency has listed the 

activity or notified the Federal agency through case-by-case monitoring.

    (d) State guidance and assistance to Federal agencies. As a 

preliminary matter, a decision that a Federal agency activity affects 

any coastal use or resource should lead to early consultation with the 

State agency (i.e., before the required 90-day period). Federal agencies 

should obtain the views and assistance of the State agency regarding the 

means for determining that the proposed activity will be conducted in a 

manner consistent to the maximum extent practicable with the enforceable 

policies of a management program. As part of its assistance efforts, the 

State agency shall make available for public inspection copies of the 

management program document. Upon request by the Federal agency, the 

State agency shall identify any enforceable policies applicable to the 

proposed activity based upon the information provided to the State 

agency at the time of the request.