C.F.R. » Title 15 » CHAPTER IX—NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE › SUBCHAPTER B—OCEAN AND COASTAL RESOURCE MANAGEMENT › PART 930—FEDERAL CONSISTENCY WITH APPROVED COASTAL MANAGEMENT PROGRAMS › Subpart H—Appeal to the Secretary for Review Related to the Objectives of the Act and National Security Interests

15 C.F.R. § 930.121

Consistent with the objectives or purposes of the Act

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A federal license or permit activity, or a federal assistance activity, is “consistent with the objectives or purposes of the Act” if it satisfies each of the following three requirements:

(a) The activity furthers the national interest as articulated in § 302 or § 303 of the Act, in a significant or substantial manner,

(b) The national interest furthered by the activity outweighs the activity's adverse coastal effects, when those effects are considered separately or cumulatively.

(c) There is no reasonable alternative available which would permit the activity to be conducted in a manner consistent with the enforceable policies of the management program. The Secretary may consider but is not limited to considering previous appeal decisions, alternatives described in state objection letters and alternatives and other information submitted during the appeal. The Secretary shall not consider an alternative unless the State agency submits a statement, in a brief or other supporting material, to the Secretary that the alternative would permit the activity to be conducted in a manner consistent with the enforceable policies of the management program.

[65 FR 77154, Dec. 8, 2000, as amended at 71 FR 829, Jan. 5, 2006]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1987–2021 · leading case: Exxon Corp. v. Michael L. Fischer, 807 F.2d 842 (9th Cir. 1987).
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Exxon Corp. v. Michael L. Fischer, 807 F.2d 842 (9th Cir. 1987). “The Secretary found, pursuant to the four-part test established in the applicable regulation, 15 C.F.R. § 930.121 (1986), that well B was not consistent with the CZMA’s purposes.”
State of North Carolina v. Ross (E.D.N.C. 2021). “” 15 C.F.R. § 930.121 . If a federal permit applicant is required to submit a consistency certification, the federal permitting agency may not issue the permit over a State’s objection unless the Secretary of Commerce overrides that objection.”
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