[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: 15CFR930.41]



[Page 250]

 

                  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. 930.41  State agency response.



    (a) A State agency shall inform the Federal agency of its 

concurrence with or objection to the Federal agency's consistency 

determination at the earliest practicable time, after providing for 

public participation in the State agency's review of the consistency 

determination. The Federal agency may presume State agency concurrence 

if the State agency's response is not received within 60 days from 

receipt of the Federal agency's consistency determination and supporting 

information. The 60-day review period begins when the State agency 

receives the consistency determination and supporting information 

required by Sec. 930.39(a). If the information required by Sec. 

930.39(a) is not included with the determination, the State agency shall 

immediately notify the Federal agency that the 60-day review period has 

not begun, what information required by Sec. 930.39(a) is missing, and 

that the 60-day review period will begin when the missing information is 

received by the State agency. If a Federal agency has submitted a 

consistency determination and information required by Sec. 930.39(a), 

then the State agency shall not assert that the 60-day review period has 

not begun for failure to submit information that is in addition to that 

required by Sec. 930.39(a).

    (b) 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. In considering whether a 

longer or additional extension period is appropriate, the Federal agency 

should consider the magnitude and complexity of the information 

contained in the consistency determination.

    (c) Final Federal agency action shall not be taken sooner than 90 

days from the receipt by the State agency of the consistency 

determination unless the State concurs or concurrence is presumed, 

pursuant to paragraphs (a) and (b), with the activity, or unless both 

the Federal agency and the State agency agree to an alternative period.

    (d) Time limits on concurrences. A State agency cannot unilaterally 

place an expiration date on its concurrence. If a State agency believes 

that an expiration date is necessary, State and Federal agencies may 

agree to a time limit. If there is no agreement, later phases of, or 

modifications to, the activity that will have effects not evaluated at 

the time of the original consistency determination will require either a 

new consistency determination, a supplemental consistency determination 

under Sec. 930.46, or a phased review under Sec. 930.36(d) of this 

subpart.

    (e) State processing fees. The Act does not require Federal agencies 

to pay State processing fees. State agencies shall not assess a Federal 

agency with a fee to process the Federal agency's consistency 

determination unless payment of such fees is required by other federal 

law or otherwise agreed to by the Federal agency and allowed by the 

Comptroller General of the United States. In no case may a State agency 

stay the consistency review period or base its objection on the failure 

of a Federal agency to pay a fee.