[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: 15CFR930.38]

[Page 257]
 
                  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.  930.38  Consistency determinations for activities initiated prior to management program approval.

    (a) A consistency determination is required for ongoing Federal 
agency activities other than development projects initiated prior to 
management program approval, which are governed by statutory authority 
under which the Federal agency retains discretion to reassess and modify 
the activity. In these cases the consistency determination must be made 
by the Federal agency at the earliest practicable time following 
management program approval, and the State agency must be provided with 
a consistency determination no later than 120 days after management 
program approval for ongoing activities which the State agency lists or 
identifies through monitoring as subject to consistency with the 
management program.
    (b) A consistency determination is required for major, phased 
federal development project decisions described in Sec.  930.36(d) which 
are made following management program approval and are related to 
development projects initiated prior to program approval. In making 
these new decisions, Federal agencies shall consider effects on any 
coastal use or resource not fully evaluated at the outset of the 
project. This provision shall not apply to phased federal decisions 
which were specifically described, considered and approved prior to 
management program approval (e.g., in a final environmental impact 
statement issued pursuant to NEPA).