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 D—Consistency for Activities Requiring a Federal License or Permit
(a) Following appropriate coordination and cooperation with the State agency, all applicants for required federal licenses or permits subject to State agency review shall provide in the application to the federal licensing or permitting agency a certification that the proposed activity complies with and will be conducted in a manner consistent with the management program. At the same time, the applicant shall furnish to the State agency a copy of the certification and necessary data and information.
(b) The applicant's consistency certification shall be in the following form: “The proposed activity complies with the enforceable policies of (name of State) approved management program and will be conducted in a manner consistent with such program.”
Notes of Decisions
Entergy Nuclear Operations, Inc. v. New York State Dep't of State, 42 Misc. 3d 896 (N.Y. Sup. Ct. 2013).
“The regulations obligate the applicant to provide to both the federal reviewing agency and the DOS, as New York State’s reviewing agency, “a certification that the proposed activity complies with and will be conducted in a manner consistent with the [CMP]” (15 CFR 930.57 [a];…”
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