[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: 15CFR930.39]



[Page 249]

 

                  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. 930.39  Content of a consistency determination.



    (a) The consistency determination shall include a brief statement 

indicating whether the proposed activity will be undertaken in a manner 

consistent to the maximum extent practicable with the enforceable 

policies of the management program. The statement must be based upon an 

evaluation of the relevant enforceable policies of the management 

program. A description of this evaluation shall be included in the 

consistency determination, or provided to the State agency 

simultaneously with the consistency determination if the evaluation is 

contained in another document. Where a Federal agency is aware, prior to 

its submission of its consistency determination, that its activity is 

not fully consistent with a management program's enforceable policies, 

the Federal agency shall describe in its consistency determination the 

legal authority that prohibits full consistency as required by Sec. 

930.32(a)(2). Where the Federal agency is not aware of any inconsistency 

until after submission of its consistency determination, the Federal 

agency shall submit its description of the legal authority that 

prohibits full consistency to the State agency as soon as possible, or 

before the end of the 90-day period described in Sec. 930.36(b)(1). The 

consistency determination shall also include a detailed description of 

the activity, its associated facilities, and their coastal effects, and 

comprehensive data and information sufficient to support the Federal 

agency's consistency statement. The amount of detail in the evaluation 

of the enforceable policies, activity description and supporting 

information shall be commensurate with the expected coastal effects of 

the activity. The Federal agency may submit the necessary information in 

any manner it chooses so long as the requirements of this subpart are 

satisfied.

    (b) Federal agencies shall be guided by the following in making 

their consistency determinations. The activity its effects on any 

coastal use or resource, associated facilities (e.g., proposed siting 

and construction of access road, connecting pipeline, support buildings, 

and the effects of the associated facilities (e.g., erosion, wetlands, 

beach access impacts), must all be consistent to the maximum extent 

practicable with the enforceable policies of the management program.

    (c) In making their consistency determinations, Federal agencies 

shall ensure that their activities are consistent to the maximum extent 

practicable with the enforceable, policies of the management program. 

However, Federal agencies should give consideration to management 

program provisions which are in the nature of recommendations.

    (d) When Federal agency standards are more restrictive than 

standards or requirements contained in the management program, the 

Federal agency may continue to apply its stricter standards. In such 

cases the Federal agency shall inform the State agency in the 

consistency determination of the statutory, regulatory or other basis 

for the application of the stricter standards.

    (e) State permit requirements. Federal law, other than the CZMA, may 

require a Federal agency to obtain a State permit. Even when Federal 

agencies are not required to obtain State permits, Federal agencies 

shall still be consistent to the maximum extent practicable with the 

enforceable policies that are contained in such State permit programs 

that are part of a management program.