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 A—General Information

15 C.F.R. § 930.4

Conditional concurrences

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(a) Federal agencies, applicants, persons and applicant agencies should cooperate with State agencies to develop conditions that, if agreed to during the State agency's consistency review period and included in a Federal agency's final decision under subpart C or in a Federal agency's approval under subparts D, E, F or I of this part, would allow the State agency to concur with the federal action. If instead a State agency issues a conditional concurrence:

(1) The State agency shall include in its concurrence letter the conditions which must be satisfied, an explanation of why the conditions are necessary to ensure consistency with specific enforceable policies of the management program, and an identification of the specific enforceable policies. The State agency's concurrence letter shall also inform the parties that if the requirements of paragraphs (a)(1) through (3) of the section are not met, then all parties shall treat the State agency's conditional concurrence letter as an objection pursuant to the applicable subpart and notify, pursuant to § 930.63(e), applicants, persons and applicant agencies of the opportunity to appeal the State agency's objection to the Secretary of Commerce within 30 days after receipt of the State agency's conditional concurrence/objection or 30 days after receiving notice from the Federal agency that the application will not be approved as amended by the State agency's conditions; and

(2) The Federal agency (for subpart C), applicant (for subparts D and I), person (for subpart E) or applicant agency (for subpart F) shall modify the applicable plan, project proposal, or application to the Federal agency pursuant to the State agency's conditions. The Federal agency, applicant, person or applicant agency shall immediately notify the State agency if the State agency's conditions are not acceptable; and

(3) The Federal agency (for subparts D, E, F and I) shall approve the amended application (with the State agency's conditions). The Federal agency shall immediately notify the State agency and applicant or applicant agency if the Federal agency will not approve the application as amended by the State agency's conditions.

(b) If the requirements of paragraphs (a)(1) through (3) of this section are not met, then all parties shall treat the State agency's conditional concurrence as an objection pursuant to the applicable subpart.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1991–2024 · leading case: Cross-Sound Ferry Servs., Inc. v. Interstate Com. Comm'n & United States of Am., & Viking Starship, Inc., Intervenor, 934 F.2d 327 (D.C. Cir. 1991).
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Cross-Sound Ferry Servs., Inc. v. Interstate Com. Comm'n & United States of Am., & Viking Starship, Inc., Intervenor, 934 F.2d 327 (D.C. Cir. 1991). “§ 1456 (c)(1); 15 C.F.R. § 930.4 (a), (b), with respect to its finding first, that Viking is a ferry and second, that Viking is not subject to the Commission’s control.”
Humboldt All. for Responsible Plan. v. Cal. Coastal Comm'n CA1/5 (Cal. Ct. App. 2024). · cites it 3× “( 15 C.F.R. §§ 930.4 (a) & 930.41(a).) “California’s coastal zone includes coastal waters and adjacent shorelands, and extends three miles seaward from the State’s coast line.”
Humboldt All. for Responsible Plan. v. Cal. Coastal Com. (Cal. Ct. App. 2024). · cites it 3× “( 15 C.F.R. §§ 930.4 (a) & 930.41(a).) “California’s coastal zone includes coastal waters and adjacent shorelands, and extends three miles seaward from the State’s coast line.”
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