[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: 15CFR930.53]



[Page 254-255]

 

                  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. 930.53  Listed federal license or permit activities.



    (a) State agencies shall develop a list of federal license or permit 

activities which affect any coastal use or resource, including 

reasonably foreseeable effects, and which the State agency wishes to 

review for consistency with the management program. The list shall be 

included as part of the management program, and the federal license or 

permit activities shall be described in terms of the specific licenses 

or permits involved (e.g., Corps of Engineers 404 permits, Coast Guard 

bridge permits). In the event the State agency chooses to review federal 

license or permit activities, with reasonably foreseeable coastal 

effects, outside of the coastal zone, it must generally describe the 

geographic location of such activities.

    (1) The geographic location description should encompass areas 

outside of the coastal zone where coastal effects from federal license 

or permit activities are reasonably foreseeable. The State agency should 

exclude geographic areas outside of the coastal zone where coastal 

effects are not reasonably foreseeable. Listed activities may have 

different geographic location descriptions, depending on the nature of 

the activity and its coastal effects. For example, the geographic 

location for activities affecting water resources or uses could be 

described by shared water bodies, river basins, boundaries defined under 

the State's coastal nonpoint pollution control program, or other 

ecologically identifiable areas. Federal lands located within the 

boundaries of a State's coastal zone are automatically included within 

the geographic location description; State agencies do not have to 

describe these areas. State agencies do have to describe the geographic 

location of listed activities occurring on federal lands located beyond 

the boundaries of a State's coastal zone.

    (2) For listed activities occurring outside of the coastal zone for 

which a State has not generally described the geographic location of 

review, States must follow the conditions for review of unlisted 

activities under Sec. 930.54 of this subpart.

    (b) General concurrences for minor activities. To avoid repeated 

review of minor federal license or permit activities which, while 

individually inconsequential, cumulatively affect any coastal use or 

resource, the State agency, after developing conditions allowing 

concurrence for such activities, may issue a general public notice (see 

Sec. 930.61) and general concurrence allowing similar minor work in the 

same geographic area to proceed without prior State agency review. In 

such cases, the State agency must set forth in the management program 

license and permit list the minor federal license or permit activities 

and the relevant conditions which are covered by the general 

concurrence. Minor federal license or permit activities which satisfy 

the conditions of the general concurrence are not subject to the 

consistency certification requirement of this subpart. Except in cases 

where the State agency indicates otherwise, copies of federal license or 

permit applications for activities subject to a general concurrence must 

be sent by the applicant to the State agency to allow the State agency 

to monitor adherence to the conditions required by such concurrence. 

Confidential and proprietary material within such applications may be 

deleted.

    (c) The license and permit list may be amended by the State agency 

following consultation with the affected Federal agency and approval by 

the Director pursuant to the program change requirements found at 15 CFR 

part 923, subpart H.



[[Page 255]]



    (1) Consultation with the affected Federal agency means, at least 60 

days prior to submitting a program change request to OCRM, a State 

agency shall notify in writing the relevant regional or field Federal 

agency staff and the head of the affected Federal agency, and request 

comments on the listing change. The notification shall describe the 

proposed change and identify the regional Federal agency staff the State 

has contacted for consultation.

    (2) A State agency must include in its program change request to 

OCRM a description of any comments received from the affected Federal 

agency.

    (d) No federal license or permit described on an approved list shall 

be issued by a Federal agency until the requirements of this subpart 

have been satisfied. Federal agencies shall inform applicants for listed 

licenses or permits of the requirements of this subpart.