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. § 930.38

Consistency determinations for activities initiated prior to management program approval

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(a) A consistency determination is required for ongoing Federal agency activities other than development projects initiated prior to management program approval, which are governed by statutory authority under which the Federal agency retains discretion to reassess and modify the activity. In these cases the consistency determination must be made by the Federal agency at the earliest practicable time following management program approval, and the State agency must be provided with a consistency determination no later than 120 days after management program approval for ongoing activities which the State agency lists or identifies through monitoring as subject to consistency with the management program.

(b) A consistency determination is required for major, phased federal development project decisions described in § 930.36(d) which are made following management program approval and are related to development projects initiated prior to program approval. In making these new decisions, Federal agencies shall consider effects on any coastal use or resource not fully evaluated at the outset of the project. This provision shall not apply to phased federal decisions which were specifically described, considered and approved prior to management program approval (e.g., in a final environmental impact statement issued pursuant to NEPA).

Notes of Decisions
Cited in 2 cases, 1980–1984 · leading case: Enos v. Marsh, 616 F. Supp. 32 (D. Haw. 1984).
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Enos v. Marsh, 616 F. Supp. 32 (D. Haw. 1984). · cites it 2× “initiated prior to management program approval____ (emphasis supplied) 15 C.F.R. § 930.38 (a). The term “development project” is defined as follows: A Federal development project is a Federal activity involving the planning, construction, modification, or removal of public…”
Hoe v. Alexander, 483 F. Supp. 746 (D. Haw. 1980). · cites it 2× “” 15 C.F.R. § 930.38 , which governs coastal zone management consistency determinations for federal activities, reads in pertinent part: (b) A consistency determination shall be required for major, phased Federal *749 development project decisions described in § 930.”
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