[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: 15CFR930.45]



[Page 252]

 

                  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. 930.45  Availability of mediation for previously reviewed activities.



    (a) Federal and State agencies shall cooperate in their efforts to 

monitor federally approved activities in order to make certain that such 

activities continue to be undertaken in a manner consistent to the 

maximum extent practicable with the enforceable policies of the 

management program.

    (b) The State agency may request that the Federal agency take 

appropriate remedial action following a serious disagreement resulting 

from a Federal agency activity, including those activities where the 

State agency's concurrence was presumed, which was:

    (1) Previously determined to be consistent to the maximum extent 

practicable with the management program, but which the State agency 

later maintains is being conducted or is having an effect on any coastal 

use or resource substantially different than originally described and, 

as a result, is no longer consistent to the maximum extent practicable 

with the enforceable policies of the management program; or

    (2) Previously determined not to be a Federal agency activity 

affecting any coastal use or resource, but which the State agency later 

maintains is being conducted or is having an effect on any coastal use 

or resource substantially different than originally described and, as a 

result, the activity affects any coastal use or resource and is not 

consistent to the maximum extent practicable with the enforceable 

policies of the management program. The State agency's request shall 

include supporting information and a proposal for recommended remedial 

action.

    (c) If, after a reasonable time following a request for remedial 

action, the State agency still maintains that a serious disagreement 

exists, either party may request the Secretarial mediation or OCRM 

mediation services provided for in subpart G of this part.