[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: 15CFR930.31]

[Page 250-251]
 
                  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 C_Consistency for Federal Agency Activities
 
Sec.  930.31  Federal agency activity.

    (a) The term ``Federal agency activity'' means any functions 
performed by or on behalf of a Federal agency in the exercise of its 
statutory responsibilities. The term ``Federal agency activity'' 
includes a range of activities where a Federal agency makes a proposal 
for action initiating an activity or series of activities when coastal 
effects are reasonably foreseeable, e.g., a Federal agency's proposal to 
physically alter coastal resources, a plan that is used to direct future 
agency actions, a proposed rulemaking that alters uses of the coastal 
zone. ``Federal agency activity'' does not include the issuance of a 
federal license or permit to an applicant or person (see subparts D and 
E of this part) or the granting of federal assistance to an applicant 
agency (see subpart F of this part).
    (b) The term federal ``development project'' means a Federal agency 
activity involving the planning, construction, modification, or removal 
of public works, facilities, or other structures, and includes the 
acquisition, use, or disposal of any coastal use or resource.
    (c) The Federal agency activity category is a residual category for 
federal

[[Page 251]]

actions that are not covered under subparts D, E, or F of this part.
    (d) A general permit proposed by a Federal agency is subject to this 
subpart if the general permit does not involve case-by-case or 
individual issuance of a license or permit by a Federal agency. When 
proposing a general permit, a Federal agency shall provide a consistency 
determination to the relevant management programs and request that the 
State agency(ies) provide the Federal agency with review, and if 
necessary, conditions, based on specific enforceable policies, that 
would permit the State agency to concur with the Federal agency's 
consistency determination. State agency concurrence shall remove the 
need for the State agency to review individual uses of the general 
permit for consistency with the enforceable policies of management 
programs. Federal agencies shall, pursuant to the consistent to the 
maximum extent practicable standard in Sec.  930.32, incorporate State 
conditions into the general permit. If the State agency's conditions are 
not incorporated into the general permit or a State agency objects to 
the general permit, then the Federal agency shall notify potential users 
of the general permit that the general permit is not available for use 
in that State unless an applicant under subpart D of this part or a 
person under subpart E of this part, who wants to use the general permit 
in that State provides the State agency with a consistency certification 
under subpart D of this part and the State agency concurs. When subpart 
D or E of this part applies, all provisions of the relevant subpart 
apply.
    (e) The terms ``Federal agency activity'' and ``Federal development 
project'' also include modifications of any such activity or development 
project which affect any coastal use or resource, provided that, in the 
case of modifications of an activity or development project which the 
State agency has previously reviewed, the effect on any coastal use or 
resource is substantially different than those previously reviewed by 
the State agency.

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