(a) For purposes of this section, the following federal
actions within the CMP boundary may adversely affect coastal natural
resource areas (CNRAs) within the coastal zone. This list of federal
actions includes federal agency activities, federal license or permit
activities, and federal assistance applications that are subject to
CZMA federal consistency review by the GLO.
(1) Federal Agency Activities and Development Projects.
For all actions proposed by or on behalf of federal agencies that
may have reasonably foreseeable effects on CNRAs, a consistency determination
or negative determination must be submitted to the GLO pursuant to
the requirements of the Federal Consistency regulations found at 15
CFR Part 930, subpart C.
(A) United States Department of the Interior:
(i) modifications to the boundaries of the Coastal
Barrier Resource System under 16 United States Code Annotated, §3503(c);
and
(ii) OCS lease sales within the western and central
Gulf of Mexico under 43 United States Code Annotated, §1337;
(B) United States Environmental Protection Agency.
Selection of remedial actions under 42 United States Code Annotated, §9604(c);
(C) United States Army Corps of Engineers:
(i) small river and harbor improvement projects under
33 United States Code Annotated, §577;
(ii) water resources development projects under 42
United States Code Annotated, §1962d-5;
(iii) small flood control projects under 33 United
States Code Annotated, §701s;
(iv) small beach erosion control projects under 33
United States Code Annotated, §426g;
(v) operation and maintenance of civil works projects
under the Code of Federal Regulations, Title 33, Parts 335 and 338;
(vi) dredging projects under the Code of Federal Regulations,
Title 33, Part 336;
(vii) approval for projects for the prevention or mitigation
of damages to shore areas attributable to federal navigation projects
pursuant to 33 United States Code Annotated, §426i; and
(viii) approval for projects for the placement on state
beaches of beach-quality sand dredged from federal navigation projects
pursuant to 33 United States Code Annotated, §426j;
(D) Federal Emergency Management Agency:
(i) model floodplain ordinances; and
(ii) approval of a community's participation in the
National Flood Insurance Program (NFIP) under the Code of Federal
Regulations, Title 44, Part 59, subpart B;
(E) General Services Administration:
(i) acquisitions under 40 United States Code Annotated, §602
and §603; and
(ii) construction under 40 United States Code Annotated, §605;
(F) All federal agencies:
(i) all other development projects; and
(ii) natural resource restoration plans developed pursuant
to the Oil Pollution Act of 1990 (33 United States Code Annotated §§2701-2761)
and the Comprehensive Environmental Response, Compensation and Liability
Act (42 United States Code Annotated §§9601-9675).
(2) Federal license or permit activities. For all actions
proposed by an applicant a consistency certification must be submitted
to the GLO pursuant to the requirements of the Federal Consistency
regulations in 15 CFR Part 930, subpart D.
(A) Environmental Protection Agency:
(i) National Pollution Discharge Elimination System
(NPDES) permits under 33 United States Code Annotated, §1342;
(ii) ocean dumping permits under 33 United States Code
Annotated, §1412;
(iii) approvals of land disposal of wastes under 42
United States Code Annotated, §6924(d);
(iv) development of total maximum daily loads (TMDLs)
and associated federally developed TMDL implementation plans under
33 United States Code Annotated, §1313; and
(v) approvals of National Estuary Program Comprehensive
Conservation Management Plans under 33 United States Code Annotated, §1330f;
(B) United States Army Corps of Engineers:
(i) ocean dumping permits under 33 United States Code
Annotated, §1413;
(ii) dredge and fill permits under 33 United States
Code Annotated, §1344;
(iii) permits under §9 of the Rivers and Harbor
Act of 1899, 33 United States Code Annotated, §401;
(iv) permits under §10 of the Rivers and Harbor
Act of 1899, 33 United States Code Annotated, §403; and
(v) Memoranda of Agreement for mitigation banking;
(C) United States Department of Transportation:
(i) approvals under §7(a) of the Federal-Aid Highway
Amendments Act of 1963, 23 United States Code Annotated, §106;
(ii) approvals under §502 of the General Bridge
Act of 1946, 33 United States Code Annotated, §525; and
(iii) Deepwater port licenses under 33 United States
Code Annotated, §1503;
(D) Federal Aviation Administration: Airport operating
certificates under 49 United States Code Annotated, §44702;
(E) Federal Energy Regulatory Commission:
(i) certificates under §7 of the Natural Gas Act,
15 United States Code Annotated, §717f;
(ii) licenses under §4 of the Federal Power Act,
16 United States Code Annotated, §797(e); and
(iii) exemptions under §403 of the Public Utility
Regulatory Policies Act of 1978,16 United States Code Annotated, §2705(d);
(F) Nuclear Regulatory Commission. Licenses under §103
of the Atomic Energy Act of 1954, 42 United States Code Annotated, §2133.
(3) State and Local Government Applications for Federal
Assistance. Federal financial assistance awards may be subject to
federal consistency review in accordance with the procedures specified
at 15 CFR §§ 930.98 and 930.54 with the approval of the
Office for Coastal Management within the National Oceanic and Atmospheric
Administration.
(b) OCS Exploration Plans and Development and Production
Plans. 43 United States Code, §§1340(c) and 1351. United
States Department of the Interior. This includes federal agency actions
requiring a license or permit described in detail in OCS plans, including
pipeline activities.
(c) In the event the GLO elects to review a proposed
federal agency activity of a type that is unlisted in subsection (a)(1)
of this section the GLO will follow the federal regulations process
set out in 15 CFR §930.34(c). If the GLO elects to review a proposed
federal license or permit activity of a type that is unlisted in subsection
(a)(2) of this section, the GLO will follow the procedures set out
in 15 CFR §930.54.
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