[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR930.11]

[Page 249-250]
 
                  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 B_General Definitions
 
Sec.  930.11  Definitions.

    (a) Act. The term ``Act'' means the Coastal Zone Management Act of 
1972, as amended (16 U.S.C. 1451-1464).
    (b) Any coastal use or resource. The phrase ``any coastal use or 
resource'' means any land or water use or natural resource of the 
coastal zone. Land and water uses, or coastal uses, are defined in 
sections 304(10) and (18) of the act, respectively, and include, but are 
not limited to, public access, recreation, fishing, historic or cultural 
preservation, development, hazards management, marinas and floodplain 
management, scenic and aesthetic enjoyment, and resource creation or 
restoration projects. Natural resources include biological or physical 
resources that are found within a State's coastal zone on a regular or 
cyclical basis. Biological and physical resources include, but are not 
limited to, air, tidal and nontidal wetlands, ocean waters, estuaries, 
rivers, streams, lakes, aquifers, submerged aquatic vegetation, land, 
plants, trees, minerals, fish, shellfish, invertebrates, amphibians, 
birds, mammals, reptiles, and coastal resources of national 
significance. Coastal uses and resources also includes uses and 
resources appropriately described in a management program.
    (c) Assistant Administrator. The term ``Assistant Administrator'' 
means the Assistant Administrator for Ocean Services and Coastal Zone 
Management, NOAA.
    (d) Associated facilities. The term ``associated facilities'' means 
all proposed facilities which are specifically designed, located, 
constructed, operated, adapted, or otherwise used, in full or in major 
part, to meet the needs of a federal action (e.g., activity, development 
project, license, permit, or assistance), and without which the federal 
action, as proposed, could not be conducted. The proponent of a federal 
action shall consider whether the federal action and its associated 
facilities affect any coastal use or resource and, if so, whether these 
interrelated activities satisfy the requirements of the applicable 
subpart (subparts C, D, E, F or I).
    (e) Coastal Zone. The term ``coastal zone'' has the same definition 
as provided in Sec.  304(1) of the Act.
    (f) Director. The term ``Director'' means the Director of the Office 
of Ocean and Coastal Resource Management (OCRM), National Ocean Service, 
NOAA.
    (g) Effect on any coastal use or resource (coastal effect). The term 
``effect on any coastal use or resource'' means any reasonably 
foreseeable effect on any coastal use or resource resulting from a 
Federal agency activity or federal license or permit activity (including 
all types of activities subject to the federal consistency requirement 
under subparts C, D, E, F and I of this part.) Effects are not just 
environmental effects, but include effects on coastal uses. Effects 
include both direct effects which result from the activity and occur at 
the same time and place as the activity, and indirect (cumulative and 
secondary) effects which result from the activity and are later in time 
or farther removed in distance, but are still reasonably foreseeable. 
Indirect effects are effects resulting from the incremental impact of 
the federal action when added to other past, present, and reasonably 
foreseeable actions, regardless of what person(s) undertake(s) such 
actions.
    (h) Enforceable policy. ``The term ``enforceable policy'' means 
State policies which are legally binding through constitutional 
provisions, laws, regulations, land use plans, ordinances, or judicial 
or administrative decisions, by which a State exerts control over 
private and public land and water uses and natural resources in the 
coastal zone,'' 16 USC 1453(6a), and which are incorporated in a 
management program as approved by OCRM either as

[[Page 250]]

part of program approval or as a program change under 15 CFR part 923, 
subpart H. An enforceable policy shall contain standards of sufficient 
specificity to guide public and private uses. Enforceable policies need 
not establish detailed criteria such that a proponent of an activity 
could determine the consistency of an activity without interaction with 
the State agency. State agencies may identify management measures which 
are based on enforceable policies, and, if implemented, would allow the 
activity to be conducted consistent with the enforceable policies of the 
program. A State agency, however, must base its objection on enforceable 
policies.
    (i) Executive Office of the President. The term ``Executive Office 
of the President'' means the office, council, board, or other entity 
within the Executive Office of the President which shall participate 
with the Secretary in seeking to mediate serious disagreements which may 
arise between a Federal agency and a coastal State.
    (j) Federal agency. The term ``Federal agency'' means any 
department, agency, board, commission, council, independent office or 
similar entity within the executive branch of the federal government, or 
any wholly owned federal government corporation.
    (k) Management program. The term ``management program'' has the same 
definition as provided in section 304(12) of the Act, except that for 
the purposes of this part the term is limited to those management 
programs adopted by a coastal State in accordance with the provisions of 
section 306 of the Act, and approved by the Assistant Administrator.
    (l) OCRM. The term ``OCRM'' means the Office of Ocean and Coastal 
Resource Management, National Ocean Service, National Oceanic and 
Atmospheric Administration (``NOAA''), U.S. Department of Commerce.
    (m) Secretary. The term ``Secretary'' means the Secretary of 
Commerce and/or designee.
    (n) Section. The term ``Section'' means a section of the Coastal 
Zone Management Act of 1972, as amended.
    (o) State agency. The term ``State agency'' means the agency of the 
State government designated pursuant to section 306(d)(6) of the Act to 
receive and administer grants for an approved management program, or a 
single designee State agency appointed by the 306(d)(6) State agency.

[65 FR 77154, Dec. 8, 2000, as amended at 71 FR 826, Jan. 5, 2006]