[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: 15CFR930.58]

[Page 265-266]
 
                  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 D_Consistency for Activities Requiring a Federal License or 
                                 Permit
 
Sec.  930.58  Necessary data and information.

    (a) The applicant shall furnish the State agency with necessary data 
and information along with the consistency certification. Such 
information and data shall include the following:
    (1) A copy of the application for the federal license or permit and
    (i) All material relevant to a State's management program provided 
to the Federal agency in support of the application; and
    (ii) To the extent not included in paragraphs (a)(1) or (a)(1)(i) of 
this section, a detailed description of the proposed activity, its 
associated facilities, the coastal effects, and any other information 
relied upon by the applicant to make its certification. Maps, diagrams, 
and technical data shall be submitted when a written description alone 
will not adequately describe the proposal;
    (2) Information specifically identified in the management program as 
required necessary data and information for an applicant's consistency 
certification. The management program as originally approved or amended 
(pursuant to 15 CFR part 923, subpart H) may

[[Page 266]]

describe data and information necessary to assess the consistency of 
federal license or permit activities. Necessary data and information may 
include completed State or local government permit applications which 
are required for the proposed activity, but shall not include the issued 
State or local permits. NEPA documents shall not be considered necessary 
data and information when a Federal statute requires a Federal agency to 
initiate the CZMA federal consistency review prior to its completion of 
NEPA compliance. States shall not require that the consistency 
certification and/or the necessary data and information be included in 
NEPA documents. Required data and information may not include 
confidential and proprietary material; and
    (3) An evaluation that includes a set of findings relating the 
coastal effects of the proposal and its associated facilities to the 
relevant enforceable policies of the management program. Applicants 
shall demonstrate that the activity will be consistent with the 
enforceable policies of the management program. Applicants shall 
demonstrate adequate consideration of policies which are in the nature 
of recommendations. Applicants need not make findings with respect to 
coastal effects for which the management program does not contain 
enforceable or recommended policies.
    (b) At the request of the applicant, interested parties who have 
access to information and data required by this section may provide the 
State agency with all or part of the material required. Furthermore, 
upon request by the applicant, the State agency shall provide assistance 
for developing the assessment and findings required by this section.
    (c) When satisfied that adequate protection against public 
disclosure exists, applicants should provide the State agency with 
confidential and proprietary information which the State agency 
maintains is necessary to make a reasoned decision on the consistency of 
the proposal. State agency requests for such information must be related 
to the necessity of having such information to assess adequately the 
coastal effects of the proposal.

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