[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: 15CFR930.38]



[Page 248]

 

                  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. 930.38  Consistency determinations for activities initiated prior 

to management program approval.



    (a) A consistency determination is required for ongoing Federal 

agency activities other than development projects initiated prior to 

management program approval, which are governed by statutory authority 

under which the Federal agency retains discretion to reassess and modify 

the activity. In these cases the consistency determination must be made 

by the Federal agency at the earliest practicable time following 

management program approval, and the State agency must be provided with 

a consistency determination no later than 120 days after management 

program approval for ongoing activities which the State agency lists or 

identifies through monitoring as subject to consistency with the 

management program.

    (b) A consistency determination is required for major, phased 

federal development project decisions described in Sec. 930.36(d) which 

are made following management program approval and are related to 

development projects initiated prior to program approval. In making 

these new decisions, Federal agencies shall consider effects on any 

coastal use or resource not fully evaluated at the outset of the 

project. This provision shall not apply to phased federal decisions 

which were specifically described, considered and approved prior to 

management program approval (e.g., in a final environmental impact 

statement issued pursuant to NEPA).



[[Page 249]]