15 C.F.R. § 930.58

Necessary data and information

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(a) The applicant shall furnish the State agency with necessary data and information along with the consistency certification. Such information and data shall include the following:

(1) A copy of the application for the federal license or permit and

(i) All material relevant to a State's management program provided to the Federal agency in support of the application; and

(ii) To the extent not included in paragraphs (a)(1) or (a)(1)(i) of this section, a detailed description of the proposed activity, its associated facilities, the coastal effects, and any other information relied upon by the applicant to make its certification. Maps, diagrams, and technical data shall be submitted when a written description alone will not adequately describe the proposal;

(2) Information specifically identified in the management program as required necessary data and information for an applicant's consistency certification. The management program as originally approved or amended (pursuant to 15 CFR part 923, subpart H) may describe data and information necessary to assess the consistency of federal license or permit activities. Necessary data and information may include completed State or local government permit applications which are required for the proposed activity, but shall not include the issued State or local permits. NEPA documents shall not be considered necessary data and information when a Federal statute requires a Federal agency to initiate the CZMA federal consistency review prior to its completion of NEPA compliance. States shall not require that the consistency certification and/or the necessary data and information be included in NEPA documents. Required data and information may not include confidential and proprietary material; and

(3) An evaluation that includes a set of findings relating the coastal effects of the proposal and its associated facilities to the relevant enforceable policies of the management program. Applicants shall demonstrate that the activity will be consistent with the enforceable policies of the management program. Applicants shall demonstrate adequate consideration of policies which are in the nature of recommendations. Applicants need not make findings with respect to coastal effects for which the management program does not contain enforceable or recommended policies.

(b) At the request of the applicant, interested parties who have access to information and data required by this section may provide the State agency with all or part of the material required. Furthermore, upon request by the applicant, the State agency shall provide assistance for developing the assessment and findings required by this section.

(c) When satisfied that adequate protection against public disclosure exists, applicants should provide the State agency with confidential and proprietary information which the State agency maintains is necessary to make a reasoned decision on the consistency of the proposal. State agency requests for such information must be related to the necessity of having such information to assess adequately the coastal effects of the proposal.

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

Notes of Decisions

Cited in 8 cases, 1986–2013 · 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). · cites it 2× “15 C.F.R. § 930.58 (a)(2). Under federal law, the state agency has thirty days from the time the application was submitted to notify the applicant and the federal agency if it takes the position that the applicant has failed to submit all of the required information.”

Alaska Ctr. for the Env't v. State, 80 P.3d 231 (Alaska 2003). “15 C.F.R. § 930.58 (a)(4) (2000). 82 . 6 AAC 50.”

Acme Fill Corp. v. San Francisco Bay Conservation & Dev. Comm'n, 187 Cal. App. 3d 1056 (Cal. Ct. App. 1986). “( 15 C.F.R. § 930.58 (a)(4).) 6 BCDC’s management program defines the “coastal zone” as being coextensive with its permit jurisdiction under state law, which is limited by the 100-foot shoreline band.”

Greenpeace, Inc. v. State, Off. of Mgmt. & Budget, Div. of Governmental Coordination & Alaska Coastal Policy Council, 79 P.3d 591 (Alaska 2003). “One gives states discretion to consider cumulative impacts "[in identifying uses and their appropriate management," and urges that states "should consider potential individual and cumulative impacts of uses on coastal waters." 15 C.F.R. § 923.11 (b) (2002) (emphasis added).”

Millennium Pipeline Co., LP v. Gutierrez, 424 F. Supp. 2d 168 (D.D.C. 2006). “§ 1456 (c)(3)(A) and 15 C.F.R. § 930.58 . Therefore, it is wholly permissible for the Secretary to have adopted 15 C.”

Weaver's Cove Energy, LLC v. Rhode Island Coastal Resources Mgmt. Council, 583 F. Supp. 2d 259 (D.R.I. 2008). · cites it 4× “If an applicant submits all necessary data and information, then a state’s assertion that the submitted information is “substantively deficient,” or a state’s request for clarification of the information provided, or for information or data requested in addition to that required…”

Mountain Rhythm Resources v. Fed. Energy Regulatory Comm'n, 302 F.3d 958 (9th Cir. 2002). “15 C.F.R. § 930.58 (a)(2). A request by the state for additional, as opposed to required, information does not stop the six-month clock.”

Entergy Nuclear Operations, Inc. v. New York State Dep't of State, 42 Misc. 3d 896 (N.Y. Sup. Ct. 2013). “” (15 CFR 930.58 [a] [3]; 930.57.) Upon receipt of a complete application, the DOS has six months to review the consistency certification (15 CFR 930.”

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