[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: 15CFR930.54]



[Page 255-256]

 

                  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. 930.54  Unlisted federal license or permit activities.



    (a)(1) With the assistance of Federal agencies, State agencies 

should monitor unlisted federal license or permit activities (e.g., by 

use of intergovernmental review process established pursuant to E.O. 

12372, review of NEPA documents, Federal Register notices). State 

agencies shall notify Federal agencies, applicants, and the Director of 

unlisted activities affecting any coastal use or resource which require 

State agency review within 30 days from notice of the license or permit 

application, that has been submitted to the approving Federal agency, 

otherwise the State agency waives its right to review the unlisted 

activity. The waiver does not apply in cases where the State agency does 

not receive notice of the federal license or permit application.

    (2) Federal agencies or applicants should provide written notice of 

the submission of applications for federal licenses or permits for 

unlisted activities to the State agency. Notice to the State agency may 

be constructive if notice is published in an official federal public 

notification document or through an official State clearinghouse (i.e., 

the Federal Register, draft or final NEPA EISs that are submitted to the 

State agency, or a State's intergovernmental review process). The 

notice, whether actual or constructive, shall contain sufficient 

information for the State agency to learn of the activity, determine the 

activity's geographic location, and determine whether coastal effects 

are reasonably foreseeable.

    (b) The State agency's notification shall also request the 

Director's approval to review the unlisted activity and shall contain an 

analysis that supports the State agency's assertion that coastal effects 

are reasonably foreseeable. Following State agency notification to the 

Federal agency, applicant and the Director, the Federal agency shall not 

issue the license or permit until the requirements of this subpart have 

been satisfied, unless the Director disapproves the State agency's 

request to review the activity.

    (c) The Federal agency and the applicant have 15 days from receipt 

of the State agency notice to provide comments to the Director regarding 

the State agency's request to review the activity. The sole basis for 

the Director's approval or disapproval of the State agency's request 

will relate to whether the proposed activity's coastal effects are 

reasonably foreseeable. The Director shall issue a decision, with 

supporting comments, to the State agency, Federal agency and applicant 

within 30 days from receipt of the State agency notice. The Director may 

extend the decision deadline beyond 30 days due to the complexity of the 

issues or to address the needs of the State agency, the Federal agency, 

or the applicant. The Director shall consult with the State agency, the 

Federal agency and the applicant prior to extending the decision 

deadline, and shall limit the extension to the minimum time necessary to 

make its decision. The Director shall notify the relevant parties of the 

expected length of an extension.

    (d) If the Director disapproves the State agency's request, the 

Federal agency may approve the license or permit application and the 

applicant need not comply with the requirements of this subpart. If the 

Director approves the State agency's request, the Federal agency and 

applicant must comply with the consistency certification procedures of 

this subpart.



[[Page 256]]



    (e) Following an approval by the Director, the applicant shall amend 

the federal application by including a consistency certification and 

shall provide the State agency with a copy of the certification along 

with necessary data and information (see Sec. Sec. 930.58, 930.62 and 

930.63). For the purposes of this section, concurrence by the State 

agency shall be conclusively presumed in the absence of a State agency 

objection within six months from the original Federal agency notice to 

the State agency (see paragraph (a) of this section) or within three 

months from receipt of the applicant's consistency certification and 

necessary data and information, whichever period terminates last.

    (f) The unlisted activity procedures in this section are provided to 

ensure that State agencies are afforded an opportunity to review federal 

license or permit activities with reasonably foreseeable coastal 

effects. Prior to bringing the issue before the Director, the concerned 

parties should discuss coastal effects and consistency. The applicant 

can avoid delay by simply seeking the State agency's expeditious 

concurrence rather than waiting for the Director's decision. If an 

applicant, of its own accord or after negotiations with the State 

agency, provides a consistency certification and necessary data and 

information to the State agency, the review shall be deemed to have 

received the Director's approval, and all of the provisions of this 

subpart shall apply and the State agency need not request the Director's 

approval. If an applicant for an unlisted activity has not subjected 

itself to the consistency process within the 30 day notification period 

contained in paragraph (a) of this section, the State agency must adhere 

to the unlisted activity review requirements of this section to preserve 

its right to review the activity.