Current through Reg. 49, No. 12; March 22, 2024
(a) Federal
agencies should cooperate with the council to develop conditions that, if
agreed to during the council's consistency review period, and included in a
federal agency's final decision or approval for activities identified in §
506.12
of this title (relating to Federal Agency Actions, Federal Agency Activities,
Outer Continental Shelf Plans Subject to the Coastal Management Program), would
allow the council to concur with the federal agency's decision. As an
alternative to finding a proposed federal agency action, activity, or funding
assistance inconsistent with the CMP goals and policies, the council may, by a
vote of two-thirds of all members eligible to vote, issue a conditional
concurrence letter as described under this section.
(1) The council shall include in its
concurrence letter the conditions that must be satisfied, an explanation of why
the conditions are necessary to ensure consistency with specific enforceable
policies and an identification of the specific enforceable policies. The
concurrence letter shall also inform the parties that if the requirements of
paragraphs (2) through (3) of this subsection are not met, then all parties are
to treat the conditional concurrence as a consistency objection. The
conditional concurrence letter shall also notify the parties, pursuant to the
Code of Federal Regulations, Title 15, Part 930, Subpart D, §930.63(c), of
the opportunity to appeal the council's objection to the Secretary of Commerce
within 30 days of receipt of the council'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 council's conditions; and
(2) The federal agency, applicant for a
federal agency action, the person submitting an OCS plan, or the entity
applying for federal assistance, as applicable, shall modify the applicable
plan, project, proposal or application to the federal agency in accordance with
the council's conditions. The federal agency, applicant, person, or applicant
entity shall immediately notify the council secretary if the council's
conditions are not acceptable; and
(3) The federal agency shall approve the
amended application with the council's conditions. The federal agency shall
immediately notify the council secretary and the applicant or applicant entity
if the federal agency will not approve the application as amended by the
council's conditions.
(b) If the requirements of subsection (a)
paragraphs (2) and (3) of the section are not met, then all parties shall treat
the council's conditional concurrence as an objection.
