[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: 15CFR930.35]



[Page 246-247]

 

                  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. 930.35  Negative determinations for proposed activities.



    (a) If a Federal agency determines that there will not be coastal 

effects, then the Federal agency shall provide the State agencies with a 

negative determination for a Federal agency activity:

    (1) Identified by a State agency on its list, as described in Sec. 

930.34(b), or through case-by-case monitoring of unlisted activities; or

    (2) Which is the same as or is similar to activities for which 

consistency determinations have been prepared in the past; or

    (3) For which the Federal agency undertook a thorough consistency 

assessment and developed initial findings on the coastal effects of the 

activity.

    (b) Content of a negative determination. A negative determination 

may be submitted to State agencies in any written form so long as it 

contains a brief description of the activity, the activity's location 

and the basis for the Federal agency's determination that the activity 

will not affect any coastal use or resource. In determining effects, 

Federal agencies shall follow Sec. 930.33(a)(1), including an 

evaluation of the relevant enforceable policies of a management program 

and include the evaluation in the negative determination. The level of 

detail in the Federal agency's analysis may vary depending on the scope 

and complexity of the activity and issues raised by the State agency, 

but shall be sufficient for the State agency to evaluate whether coastal 

effects are reasonably foreseeable.

    (c) A negative determination under paragraph (a) of this section 

shall be provided to the State agency at least 90 days before final 

approval of the activity, unless both the Federal agency and the State 

agency agree to an alternative notification schedule. A State agency is 

not obligated to respond to a negative determination. If a State agency 

does not respond to a Federal agency's negative determination within 60 

days, State agency concurrence with the negative determination shall be 

presumed. State agency concurrence shall not be presumed in cases where 

the State agency, within the 60-day period, requests an extension of 

time to review the matter. Federal agencies shall approve one request 

for an extension period of 15 days or less. If a State agency objects to 

a negative determination, asserting that coastal effects are reasonably 

foreseeable, the Federal agency shall consider submitting a consistency 

determination to the State agency or otherwise attempt to resolve any 

disagreement within the remainder of the 90-day period. If a Federal 

agency, in response to a State agency's objection to a negative 

determination, agrees that coastal effects are reasonably foreseeable, 

the State agency and Federal agency should attempt to agree to complete 

the consistency review within the 90-day period for the negative 

determination or consider an alternative schedule pursuant to Sec. 

930.36(b)(1). Federal agencies should consider postponing final Federal 

agency action, beyond the 90-day period, until a disagreement has been 

resolved.



[[Page 247]]



State agencies are not required to provide public notice of the receipt 

of a negative determination or the resolution of an objection to a 

negative determination, unless a Federal agency submits a consistency 

determination pursuant to Sec. 930.34.

    (d) In the event of a serious disagreement between a Federal agency 

and a State agency regarding a determination related to whether a 

proposed activity affects any coastal use or resource, either party may 

seek the Secretarial mediation or OCRM mediation services provided for 

in subpart G.