[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: 15CFR930.41]

[Page 258-259]
 
                  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.  930.41  State agency response.

    (a) A State agency shall inform the Federal agency of its 
concurrence with or objection to the Federal agency's consistency 
determination at the earliest practicable time, after providing for 
public participation in the State agency's review of the consistency 
determination. The Federal agency may presume State agency concurrence 
if the State agency's response is not received within 60 days from 
receipt of the Federal agency's consistency determination and supporting 
information required by Sec.  930.39(a). The 60-day review period begins 
when the State agency receives the consistency determination and 
supporting information required by Sec.  930.39(a). If the information 
required by Sec.  930.39(a) is not included with the determination, the 
State agency shall notify the Federal agency in writing within 14 days 
of receiving the determination and supporting information that the 60-
day review period has not begun, identify missing information required 
by Sec.  930.39(a), and that the 60-day review period will begin when 
the missing information is received by the State agency. If the State 
agency has not notified the Federal agency that information required by 
Sec.  930.39(a) is missing within the 14 day notification period, then 
the 60-day review period shall begin on the date the State agency 
received the consistency determination and accompanying information. The 
State agency's determination of whether the information required by 
Sec.  930.39(a) is complete is not a substantive review of the adequacy 
of the information provided. Thus, if a Federal agency has submitted a 
consistency determination and information required by Sec.  930.39(a), 
then the State agency shall not assert that the 60-day review period has 
not begun because the information contained in the items required by 
Sec.  930.39(a) is substantively deficient. The failure to submit 
information not required by 930.39(a) shall not be a basis for asserting 
that the 60-day review period has not begun.

[[Page 259]]

    (b) State agency concurrence shall not be presumed in cases where 
the State agency, within the 60-day period, requests an extension of 
time to review the matter. Federal agencies shall approve one request 
for an extension period of 15 days or less. In considering whether a 
longer or additional extension period is appropriate, the Federal agency 
should consider the magnitude and complexity of the information 
contained in the consistency determination.
    (c) Final Federal agency action shall not be taken sooner than 90 
days from the receipt by the State agency of the consistency 
determination unless the State concurs or concurrence is presumed, 
pursuant to paragraphs (a) and (b), with the activity, or unless both 
the Federal agency and the State agency agree to an alternative period.
    (d) Time limits on concurrences. A State agency cannot unilaterally 
place an expiration date on its concurrence. If a State agency believes 
that an expiration date is necessary, State and Federal agencies may 
agree to a time limit. If there is no agreement, later phases of, or 
modifications to, the activity that will have effects not evaluated at 
the time of the original consistency determination will require either a 
new consistency determination, a supplemental consistency determination 
under Sec.  930.46, or a phased review under Sec.  930.36(d) of this 
subpart.
    (e) State processing fees. The Act does not require Federal agencies 
to pay State processing fees. State agencies shall not assess a Federal 
agency with a fee to process the Federal agency's consistency 
determination unless payment of such fees is required by other federal 
law or otherwise agreed to by the Federal agency and allowed by the 
Comptroller General of the United States. In no case may a State agency 
stay the consistency review period or base its objection on the failure 
of a Federal agency to pay a fee.

[65 FR 77154, Dec. 8, 2000, as amended at 71 FR 827, Jan. 5, 2006]