the Coastal Programs Division (CPD) within the NOAA's Office of Ocean and
Coastal Resource Management (OCRM) of the Department of Commerce. NOAA's
primary role is to assist the States in developing and implementing their CZMPs.
NOAA reviews and approves the states' CZMPs submitted along with an
Environmental Impact Statement (EIS), for conformity with national policy and with
the guidelines and goals of the CZMA. Except for Illinois which chose not to
participate in CZMP, all the CZMPs submitted by 35 of the 36 coastal states and
territories were approved by NOAA. See Enclosure (7) for State Coastal
Management Program Federal Consistency Contacts.
b. By the very nature of its mission, nearly all Coast Guard activities are conducted in
the coastal zone, and are potentially subject to the strictures of federally approved
State Coastal Zone Management Programs. Construction, permitting and licensing,
and regulatory activities are the Coast Guard activities most likely to be affected. All
Coast Guard activities or development projects (within or outside the coastal zone)
that have reasonably foreseeable direct or indirect effects on any land or water use or
natural resource of the coastal zone, shall be carried out in a manner that is consistent
with the enforceable policies of a State's federally approved management program.
(See 16 U.S.C. 1456 (c)(1) and (2)). Examples of these activities are:
(1) Coast Guard projects or activities that will take place on federal property, but
will have effects outside of federal property;
(2) Non-federal projects or activities that will take place on non-federal property but
which will be paid for with Federal funds from the Coast Guard (with or with no
other federal agency involved).
c. All Coast Guard development projects or activities occurring in the coastal zone
(outside of Federally owned, leased or otherwise excluded lands) shall be considered
to have an effect on any coastal use. Example: Coast Guard projects or activities that
will take place on non-federal property.
6.
RESPONSIBILITIES.
a. The Coast Guard, not the State, shall determine whether Coast Guard development
projects or activities are to the maximum extent practicable consistent with the
federally approved State Coastal Zone Management Program. Reference (c) is
recommended for use in determining other responsibilities of the Coast Guard
required by the CZMA. Enclosure (54) lists some Coast Guard actions subject to
federal consistency determination.
b. The consistency determination shall be issued by the District Commander, MLC
Commander, or responsible official of the unit (e.g. CEU) under whose purview the
project will take place.
c. Consistency determinations and negative determinations shall be prepared as stand-
alone documents or can be incorporated into documentation (e.g., EA, EIS, etc.)
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