[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: 15CFR930.43]



[Page 251]

 

                  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. 930.43  State agency objection.



    (a) In the event the State agency objects to the Federal agency's 

consistency determination, the State agency shall accompany its response 

to the Federal agency with its reasons for the objection and supporting 

information. The State agency response shall describe:

    (1) How the proposed activity will be inconsistent with specific 

enforceable policies of the management program; and

    (2) The specific enforceable policies (including citations).

    (3) The State agency should also describe alternative measures (if 

they exist) which, if adopted by the Federal agency, would allow the 

activity to proceed in a manner consistent to the maximum extent 

practicable with the enforceable policies of the management program. 

Failure to describe alternatives does not affect the validity of the 

State agency's objection.

    (b) If the State agency's objection is based upon a finding that the 

Federal agency has failed to supply sufficient information, the State 

agency's response must describe the nature of the information requested 

and the necessity of having such information to determine the 

consistency of the Federal agency activity with the enforceable policies 

of the management program.

    (c) State agencies shall send to the Director a copy of objections 

to Federal agency consistency determinations.

    (d) In the event of an objection, Federal and State agencies should 

use the remaining portion of the 90-day notice period (see Sec. 

930.36(b)) to attempt to resolve their differences. If resolution has 

not been reached at the end of the 90-day period, Federal agencies 

should consider using the dispute resolution mechanisms of this part and 

postponing final federal action until the problems have been resolved. 

At the end of the 90-day period the Federal agency shall not proceed 

with the activity over a State agency's objection unless:

    (1) the Federal agency has concluded that under the ``consistent to 

the maximum extent practicable'' standard described in section 930.32 

consistency with the enforceable policies of the management program is 

prohibited by existing law applicable to the Federal agency and the 

Federal agency has clearly described, in writing, to the State agency 

the legal impediments to full consistency (See Sec. Sec. 930.32(a) and 

930.39(a)), or

    (2) the Federal agency has concluded that its proposed action is 

fully consistent with the enforceable policies of the management 

program, though the State agency objects.

    (e) If a Federal agency decides to proceed with a Federal agency 

activity that is objected to by a State agency, or to follow an 

alternative suggested by the State agency, the Federal agency shall 

notify the State agency of its decision to proceed before the project 

commences.



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