[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: 15CFR930.65]



[Page 260]

 

                  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. 930.65  Remedial action for previously reviewed activities.



    (a) Federal and State agencies shall cooperate in their efforts to 

monitor federal license or permit activities in order to make certain 

that such activities continue to conform to both federal and State 

requirements.

    (b) The State agency shall notify the relevant Federal agency 

representative for the area involved of any federal license or permit 

activity which the State agency claims was:

    (1) Previously determined to be consistent with the management 

program, but which the State agency later maintains is being conducted 

or is having an effect on any coastal use or resource substantially 

different than originally described and, as a result, is no longer 

consistent with the management program; or

    (2) Previously determined not to be an activity affecting any 

coastal use or resource, but which the State agency later maintains is 

being conducted or is having coastal effects substantially different 

than originally described and, as a result, the activity affects any 

coastal use or resource in a manner inconsistent with the management 

program.

    (c) The State agency notification shall include:

    (1) A description of the activity involved and the alleged lack of 

compliance with the management program;

    (2) supporting information; and

    (3) a request for appropriate remedial action. A copy of the request 

shall be sent to the applicant and the Director. Remedial actions shall 

be linked to coastal effects substantially different than originally 

described.

    (d) If, after 30 days following a request for remedial action, the 

State agency still maintains that the applicant is failing to comply 

substantially with the management program, the governor or State agency 

may file a written objection with the Director. If the Director finds 

that the applicant is conducting an activity that is substantially 

different from the approved activity, the applicant shall submit an 

amended or new consistency certification and supporting information to 

the Federal agency and to the State agency, or comply with the 

originally approved certification.

    (e) An applicant shall be found to be conducting an activity 

substantially different from the approved activity if the State agency 

claims and the Director finds that the activity affects any coastal use 

or resource substantially different than originally described by the 

applicant and, as a result, the activity is no longer being conducted in 

a manner consistent with the enforceable policies of the management 

program. The Director may make a finding that an applicant is conducting 

an activity substantially different from the approved activity only 

after providing 15 days for the applicant and the Federal agency to 

review the State agency's objection and to submit comments for the 

Director's consideration.