[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: 15CFR930.62]



[Page 258-259]

 

                  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. 930.62  State agency concurrence with a consistency certification.



    (a) At the earliest practicable time, the State agency shall notify 

the Federal agency and the applicant whether the State agency concurs 

with or objects to a consistency certification. The State agency may 

issue a general



[[Page 259]]



concurrence for minor activities (see Sec. 930.53(b)). Concurrence by 

the State agency shall be conclusively presumed if the State agency's 

response is not received within six months following commencement of 

State agency review.

    (b) If the State agency has not issued a decision within three 

months following commencement of State agency review, it shall notify 

the applicant and the Federal agency of the status of the matter and the 

basis for further delay.

    (c) If the State agency issues a concurrence or is conclusively 

presumed to concur with the applicant's consistency certification, the 

Federal agency may approve the federal license or permit application. 

Notwithstanding State agency concurrence with a consistency 

certification, the federal permitting agency may deny approval of the 

federal license or permit application. Federal agencies should not delay 

processing applications pending receipt of a State agency's concurrence. 

In the event a Federal agency determines that an application will not be 

approved, it shall immediately notify the applicant and the State 

agency.

    (d) During the period when the State agency is reviewing the 

consistency certification, the applicant and the State agency should 

attempt, if necessary, to agree upon conditions, which, if met by the 

applicant, would permit State agency concurrence. The parties shall also 

consult with the Federal agency responsible for approving the federal 

license or permit to ensure that proposed conditions satisfy federal as 

well as management program requirements (see also Sec. 930.4).