[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: 15CFR930.51]



[Page 253]

 

                  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 D_Consistency for Activities Requiring a Federal License or 

                                 Permit

 

Sec. 930.51  Federal license or permit.



    (a) The term ``federal license or permit'' means any required 

authorization, certification, approval, lease, or other form of 

permission which any Federal agency is empowered to issue to an 

applicant. The term does not include OCS plans, and federal license or 

permit activities described in detail in OCS plans, which are subject to 

subpart E of this part. The term ``lease,'' means a lease issued by a 

Federal agency to a non-federal entity that authorizes or approves the 

use of federal property for a non-federal activity. The term lease does 

not include leases issued pursuant to lease sales conducted by a Federal 

agency (e.g., outer continental shelf (OCS) oil and gas lease sales 

conducted by the Minerals Management Service or oil and gas lease sales 

conducted by the Bureau of Land Management). Lease sales conducted by a 

Federal agency are Federal agency activities under subpart C of this 

part if coastal effects are reasonably foreseeable.

    (b) The term also includes the following types of renewals and major 

amendments which affect any coastal use or resource:

    (1) Renewals and major amendments of federal license or permit 

activities not previously reviewed by the State agency;

    (2) Renewals and major amendments of federal license or permit 

activities previously reviewed by the State agency which are filed after 

and are subject to management program changes not in existence at the 

time of original State agency review; and

    (3) Renewals and major amendments of federal license or permit 

activities previously reviewed by the State agency which will cause an 

effect on any coastal use or resource substantially different than those 

originally reviewed by the State agency.

    (c) The term ``major amendment'' of a federal license or permit 

activity means any subsequent federal approval that the applicant is 

required to obtain for modification to the previously reviewed and 

approved activity and where the activity permitted by issuance of the 

subsequent approval will affect any coastal use or resource, or, in the 

case of a major amendment subject to Sec. 930.51(b)(3), affect any 

coastal use or resource in a way that is substantially different than 

the description or understanding of effects at the time of the original 

activity.

    (d) The term ``renewals'' of a federal license or permit activity 

means any subsequent re-issuance, re-approval or extension of an 

existing license or permit that the applicant is required to obtain for 

an activity described under paragraph (b) of this section.

    (e) The determination of substantially different coastal effects 

under paragraphs (b)(3), and (c) of this section is made on a case-by-

case basis by the State agency, Federal agency and applicant. The 

opinion of the State agency shall be accorded deference and the terms 

``major amendment,'' ``renewals'' and ``substantially different'' shall 

be construed broadly to ensure that the State agency has the opportunity 

to review activities and coastal effects not previously reviewed.

    (f) This subpart applies to active applications. If an applicant 

withdraws its application to the Federal agency, then the consistency 

process is terminated. If the applicant reapplies to the Federal agency, 

then a new consistency review process will start. If a Federal agency 

stops or stays the Federal license or permit application process, then 

the consistency review period will be stopped or stayed for the same 

amount of time as for the Federal application process.