15 C.F.R. § 930.51

Federal license or permit

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(a) The term “federal license or permit” means any authorization that an applicant is required by law to obtain in order to conduct activities affecting any land or water use or natural resource of the coastal zone and that any Federal agency is empowered to issue to an applicant. The term “federal license or permit” does not include OCS plans, and federal license or permit activities described in detail in OCS plans, which are subject to subpart E of this part, or leases issued pursuant to lease sales conducted by a Federal agency (e.g., outer continental shelf (OCS) oil and gas lease sales conducted by the Minerals Management Service or oil and gas lease sales conducted by the Bureau of Land Management). Lease sales conducted by a Federal agency are Federal agency activities under subpart C of this part.

(b) The term also includes the following types of renewals and major amendments which affect any coastal use or resource:

(1) Renewals and major amendments of federal license or permit activities not previously reviewed by the State agency;

(2) Renewals and major amendments of federal license or permit activities previously reviewed by the State agency which are filed after and are subject to management program changes not in existence at the time of original State agency review; and

(3) Renewals and major amendments of federal license or permit activities previously reviewed by the State agency which will cause an effect on any coastal use or resource substantially different than those originally reviewed by the State agency.

(c) The term “major amendment” of a federal license or permit activity means any subsequent federal approval that the applicant is required to obtain for modification to the previously reviewed and approved activity and where the activity permitted by issuance of the subsequent approval will affect any coastal use or resource, or, in the case of a major amendment subject to § 930.51(b)(3), affect any coastal use or resource in a way that is substantially different than the description or understanding of effects at the time of the original activity.

(d) The term “renewals” of a federal license or permit activity means any subsequent re-issuance, re-approval or extension of an existing license or permit that the applicant is required to obtain for an activity described under paragraph (b) of this section.

(e) The determination of substantially different coastal effects under paragraphs (b)(3), and (c) of this section is made on a case-by-case basis by the Federal agency after consulting with the State agency, and applicant. The Federal agency shall give considerable weight to the opinion of the State agency. The terms “major amendment,” “renewals” and “substantially different” shall be construed broadly to ensure that the State agency has the opportunity to review activities and coastal effects not previously reviewed.

(f) This subpart applies to active applications. If an applicant withdraws its application to the Federal agency, then the consistency process is terminated. If the applicant reapplies to the Federal agency, then a new consistency review process will start. If a Federal agency stops or stays the Federal license or permit application process, then the consistency review period will be stopped or stayed for the same amount of time as for the Federal application process.

[65 FR 77154, Dec. 8, 2000, as amended at 71 FR 827, Jan. 5, 2006]

Notes of Decisions

Cited in 6 cases, 2002–2016 · leading case: Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009).

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Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 589 F.3d 458 (1st Cir. 2009). “15 C.F.R. §§ 930.51 (b)-(c), (e), 930.66(b).”

California v. Norton, 311 F.3d 1162 (9th Cir. 2002). · cites it 2× “15 C.F.R. § 930.51 (b)(3) (2002). In determining whether a revised plan causes "substantially different” coastal effects triggering (c)(3) review, "[t]he opinion of the State agency shall be accorded deference and the term[ ] .”

The Matter of Entergy Nuclear Operations v. New York State Dep't of State, 66 N.E.3d 1062 (NY 2016). “he act require consistency review of renewal applications for federal licenses that affect any coastal use or resource where the activities were not previously reviewed by the designated state agency, where the activities are subject to new management changes, or where the…”

Matter of Entergy Nuclear Operation, Inc. v. New York State Dep't of State, 125 A.D.3d 21 (N.Y. App. Div. 2014). “Nothing in our decision should be read as precluding the Department from amending the CMP to require consistency review in cases such as the one presently before us (see 16 USC § 1455 [e]; 15 CFR 930.51 [b]).”

Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 583 F. Supp. 2d 259 (D.R.I. 2008). “15 C.F.R. § 930.51 (c) (emphasis added). Here, the alleged changes identified by CRMC, even if presumed to be accurately stated, do not constitute “major amendments.”

Entergy Nuclear Operations, Inc. v. New York State Dep't of State, 42 Misc. 3d 896 (N.Y. Sup. Ct. 2013). “Moreover, as relevant here, the CZMA regulations specifically provide that license renewals not previously reviewed by the State are subject to federal consistency (15 CFR 930.51 [b]). Similarly, in furtherance of the regulatory requirement that the State list those activities…”

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