[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: 15CFR930.65]

[Page 269-270]
 
                  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.  930.65  Remedial action for previously reviewed activities.

    (a) Federal and State agencies shall cooperate in their efforts to 
monitor federal license or permit activities in order to make certain 
that such activities continue to conform to both federal and State 
requirements.
    (b) The State agency shall notify the relevant Federal agency 
representative for the area involved of any federal license or permit 
activity which the State agency claims was:
    (1) Previously determined to be consistent with the management 
program, but which the State agency later maintains is being conducted 
or is having an effect on any coastal use or resource substantially 
different than originally described and, as a result, is no longer 
consistent with the management program; or
    (2) Previously determined not to be an activity affecting any 
coastal use or resource, but which the State agency later maintains is 
being conducted or is having coastal effects substantially different 
than originally described and, as a result, the activity affects any 
coastal use or resource in a manner inconsistent with the management 
program.
    (c) The State agency notification shall include:
    (1) A description of the activity involved and the alleged lack of 
compliance with the management program;
    (2) supporting information; and
    (3) a request for appropriate remedial action. A copy of the request 
shall be sent to the applicant and the Director. Remedial actions shall 
be linked to coastal effects substantially different than originally 
described.
    (d) If, after 30 days following a request for remedial action, the 
State agency still maintains that the applicant is failing to comply 
substantially with the management program, the governor or State agency 
may file a written objection with the Director. If the Director finds 
that the applicant is conducting an activity that is substantially 
different from the approved activity, the applicant shall submit an 
amended or new consistency certification and supporting information to 
the Federal agency and to the State agency, or comply with the 
originally approved certification.
    (e) An applicant shall be found to be conducting an activity 
substantially different from the approved activity if the State agency 
claims and the Director finds that the activity affects any coastal use 
or resource substantially different than originally described by

[[Page 270]]

the applicant and, as a result, the activity is no longer being 
conducted in a manner consistent with the enforceable policies of the 
management program. The Director may make a finding that an applicant is 
conducting an activity substantially different from the approved 
activity only after providing 15 days for the applicant and the Federal 
agency to review the State agency's objection and to submit comments for 
the Director's consideration.