[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: 15CFR930.4]

[Page 247-248]
 
                  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 A_General Information
 
Sec.  930.4  Conditional concurrences

    (a) Federal agencies, applicants, persons and applicant agencies 
should cooperate with State agencies to develop conditions that, if 
agreed to during the State agency's consistency review period and 
included in a Federal agency's final decision under subpart C or in a 
Federal agency's approval under subparts D, E, F or I of this part, 
would allow the State agency to concur with the federal action. If 
instead a State agency issues a conditional concurrence:
    (1) The State agency shall include in its concurrence letter the 
conditions which must be satisfied, an explanation of why the conditions 
are necessary to ensure consistency with specific enforceable policies 
of the management program, and an identification of the specific 
enforceable policies. The State agency's concurrence letter shall also 
inform the parties that if the requirements of paragraphs (a)(1) through 
(3) of the section are not met, then all parties shall treat the State 
agency's conditional concurrence letter as an objection pursuant to the 
applicable subpart and notify, pursuant to Sec.  930.63(e), applicants, 
persons and applicant agencies of the opportunity to appeal the State 
agency's objection to the Secretary of Commerce within 30 days after 
receipt of the State agency's conditional concurrence/objection or 30 
days after receiving notice from the Federal agency that the application 
will not be approved as amended by the State agency's conditions; and
    (2) The Federal agency (for subpart C), applicant (for subparts D 
and I), person (for subpart E) or applicant agency (for subpart F) shall 
modify the applicable plan, project proposal, or application to the 
Federal agency pursuant to the State agency's conditions. The Federal 
agency, applicant, person or applicant agency shall immediately notify 
the State agency if the State

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agency's conditions are not acceptable; and
    (3) The Federal agency (for subparts D, E, F and I) shall approve 
the amended application (with the State agency's conditions). The 
Federal agency shall immediately notify the State agency and applicant 
or applicant agency if the Federal agency will not approve the 
application as amended by the State agency's conditions.
    (b) If the requirements of paragraphs (a)(1) through (3) of this 
section are not met, then all parties shall treat the State agency's 
conditional concurrence as an objection pursuant to the applicable 
subpart.