COMDTINST 16004.2
information that was not available at the time the original consistency determination,
with each subsequent phase subjected to the decision-maker's discretion to implement
alternative decisions based upon such information (e.g. planning, siting, and design
decisions), a consistency determination will be required for each major decision or
phase. In cases of phased decision-making, responsible official shall ensure that the
development project or other activity continues to be consistent to the maximum
extent practicable with the State CZMP.
f. National or Regional Consistency Determinations: The Coast Guard may provide
State agencies with a national or regional consistency determination for its activities
that are national or regional in scope and that affect any coastal use or resource of
more than one State. The national or regional consistency determination should, at a
minimum, address the common coastal effects and management issues, and thereby
address different State's policies with one discussion and determination. If the Coast
Guard decides not to use this type, it must issue consistency determination to each
State agency whose coastal area is affected by the project or activity.
g. Consistency Determinations and National Environmental Policy Act Requirements
(NEPA): The Coast Guard may use its National Environmental Policy Act (NEPA)
documents as a vehicle for its negative determination or consistency determination,
however, meeting the criteria set forth in the NEPA does not necessarily mean that the
obligations under this Act are satisfied. The NEPA document and the consistency
determination shall be accomplished in the early planning stages of the project or
activity.
h. Multiple Federal Agency Participation: The Coast Guard should consider joint
preparation or lead agency development of the consistency determination for all the
federal activities involved, whenever the Coast Guard is involved in an activity with
another Federal agency or its associated facilities affecting any coastal use or
resource, or is involved in a group of Federal agency activities related to each other
because of their geographic proximity. The consistency certification shall be
transmitted to the State agency at least 90 days before final decisions are taken by any
of the participating agencies.
i. Consistency of Federal Activities Having Interstate Coastal Effects: Whenever a
Coast Guard project development or activity may affect coastal uses or resources of a
State other than the State in which the activity will occur, the Coast Guard must
ensure that the project or activity is conducted consistent with the enforceable policies
of the management program of each affected State.
j. Consistency for Activities Requiring a Federal License or Permit: The Coast Guard
shall not issue licenses and permits to conduct an activity which has any reasonably
foreseeable effect on land or water uses or natural resources in or outside the coastal
zone (if the activity will result in any spillover impacts to any use or resource in the
coastal zone) unless the applicant has certified that the proposed project complies
with and will be conducted in a manner consistent with the federally approved State
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