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 C—Consistency for Federal Agency Activities

15 C.F.R. § 930.37

Consistency determinations and National Environmental Policy Act (NEPA) requirements

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A Federal agency may use its NEPA documents as a vehicle for its consistency determination or negative determination under this subpart. However, a Federal agency's federal consistency obligations under the Act are independent of those required under NEPA and are not necessarily fulfilled by the submission of a NEPA document. State agencies shall not require Federal agencies to submit NEPA documents as information required pursuant to § 930.39. If a Federal agency includes its consistency determination or negative determination in a NEPA document, the Federal agency shall ensure that the NEPA document includes the information and adheres to the timeframes required by this subpart. Federal agencies and State agencies should mutually agree on how to best coordinate the requirements of NEPA and the Act.

[65 FR 77154, Dec. 8, 2000, as amended at 71 FR 827, Jan. 5, 2006]
Notes of Decisions
Cited in 3 cases, 1981–2008 · leading case: Amber Resources Co. v. United States, 538 F.3d 1358 (Fed. Cir. 2008).
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Amber Resources Co. v. United States, 538 F.3d 1358 (Fed. Cir. 2008). “” 15 C.F.R. § 930.37 . With respect to the government’s argument that the requirements of NEPA have been as responsible as amended section 307(c)(1) of the CZMA for the revocation of the requested suspensions and the ensuing delay, the trial court stated that even assuming the…”
Save Lake Washington v. Frank, 641 F.2d 1330 (9th Cir. 1981). “15 C.F.R. § 930.37 . In the event that the federal agency concludes that its proposed project is consistent with the state management program, it must then submit a “consistency determination” to the appropriate state agency describing the activity, its effects, and data to…”
Amber Resources Co. v. U.S. [Revised] (Fed. Cir. 2008). “” 15 C.F.R. § 930.37 . With respect to the government’s argument that the requirements of NEPA have been as responsible as amended section 307(c)(1) of the CZMA for the revocation of the requested suspensions and the ensuing delay, the trial court stated that even assuming the…”
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