[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: 15CFR930.4]



[Page 239-240]

 

                  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 A_General Information

 

Sec. 930.4  Conditional concurrences



    (a) Federal agencies, applicants, persons and applicant agencies 

should cooperate with State agencies to develop conditions that, if 

agreed to during the State agency's consistency review period and 

included in a Federal agency's final decision under subpart C or in a 

Federal agency's approval under subparts D, E, F or I of this part, 

would allow the State agency to concur with the federal action. If 

instead a State agency issues a conditional concurrence:

    (1) The State agency shall include in its concurrence letter the 

conditions which must be satisfied, an explanation of why the conditions 

are necessary to ensure consistency with specific enforceable policies 

of the management program, and an identification of the specific 

enforceable policies. The State agency's concurrence letter shall also 

inform the parties that if the requirements of paragraphs (a)(1) through 

(3) of the section are not met, then all parties shall treat the State 

agency's conditional concurrence letter as an objection pursuant to the 

applicable subpart and notify, pursuant to Sec. 930.63(e), applicants, 

persons and applicant agencies of the opportunity to appeal the State 

agency's objection to the Secretary of Commerce within 30 days after 

receipt of the State agency's conditional concurrence/objection or 30 

days after receiving notice from the Federal agency that the application 

will not be approved as amended by the State agency's conditions; and

    (2) The Federal agency (for subpart C), applicant (for subparts D 

and I), person (for subpart E) or applicant agency (for subpart F) shall 

modify the applicable plan, project proposal, or application to the 

Federal agency pursuant to the State agency's conditions. The Federal 

agency, applicant, person or applicant agency shall immediately notify 

the State agency if the State agency's conditions are not acceptable; 

and

    (3) The Federal agency (for subparts D, E, F and I) shall approve 

the amended application (with the State agency's conditions). The 

Federal agency shall immediately notify the State agency and applicant 

or applicant agency if the Federal agency will not approve the 

application as amended by the State agency's conditions.



[[Page 240]]



    (b) If the requirements of paragraphs (a)(1) through (3) of this 

section are not met, then all parties shall treat the State agency's 

conditional concurrence as an objection pursuant to the applicable 

subpart.