[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: 15CFR930.6]



[Page 240]

 

                  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 A_General Information

 

Sec. 930.6  State agency responsibility.



    (a) This section describes the responsibilities of the ``State 

agency'' described in Sec. 930.11(o). A designated State agency is 

required to uniformly and comprehensively apply the enforceable policies 

of the State's management program, efficiently coordinate all State 

coastal management requirements, and to provide a single point of 

contact for Federal agencies and the public to discuss consistency 

issues. Any appointment by the State agency of the State's consistency 

responsibilities to a designee agency must be described in the State's 

management program. In the absence of such description, all consistency 

determinations, consistency certifications and federal assistance 

proposals shall be sent to and reviewed by the State agency. A State may 

have two State agencies designated pursuant to Sec. 306(d)(6) of the 

Act where the State has two geographically separate federally-approved 

management programs.

    (b) The State agency is responsible for commenting on and concurring 

with or objecting to Federal agency consistency determinations and 

negative determinations (see subpart C of this part), consistency 

certifications for federal licenses, permits, and Outer Continental 

Shelf plans (see subparts D, E and I of this part), and reviewing the 

consistency of federal assistance activities proposed by applicant 

agencies (see subpart F of this part). The State agency shall be 

responsible for securing necessary review and comment from other State, 

regional, or local government agencies, and, where applicable, the 

public. Thereafter, only the State agency is authorized to comment 

officially on or concur with or object to a federal consistency 

determination or negative determination, a consistency certification, or 

determine the consistency of a proposed federal assistance activity.

    (c) If described in a State's management program, the issuance or 

denial of relevant State permits can constitute the State agency's 

consistency concurrence or objection if the State agency ensures that 

the State permitting agencies or the State agency review individual 

projects to ensure consistency with all applicable State management 

program policies and that applicable public participation requirements 

are met. The State agency shall monitor such permits issued by another 

State agency.