COMDTINST 16004.2
circumstances are:
(1)
Full consistency is prohibited by existing law applicable to the Federal agency.
If a Federal agency asserts that full consistency is prohibited, it shall describe, in
writing, to the State agency the statutory provisions, legislative history, or other
legal authority which limits the Federal agency's discretion to be fully
consistent with the enforceable policies of the management program.
(2)
Such a deviation is justified by an emergency or other similar unforeseen
circumstances (exigent circumstances) which presents the Federal agency with a
substantial obstacle that prevents complete adherence to the approved program.
A Federal agency shall consult with State agency to the extent that an exigent
circumstance allows and shall attempt to seek State agency concurrence prior to
addressing the exigent circumstance. Federal regulations at 15 CFR 930.32
should be consulted.
(3)
A classified activity that affects any coastal use or resource and is listed as
exempted from the requirements of full consistency by the President under
section 307(c)(1)(B) of the Act (16 U.S.C. 1456(c)(1)(B)). A classified activity
is an action for which the Coast Guard is required to protect from disclosure
national security policy, provided it has been properly classified in accordance
with the substantive and procedural requirements of an executive order. Even
when an activity is classified, Coast Guard shall conduct the activity consistent
to the maximum extent practicable with the enforceable policies of a State's
coastal management plan.
(4)
Not fully consistent with an enforceable policy due to lack of funding when the
activity is exempted by the Presidential as described in Section 307(c)(1)(B) of
the CZMA (16 USC 1456(c)(1)(B).
J. A. KINGHORN /s/
Rear Admiral, U. S. Coast Guard
Assistant Commandant For Systems
Encl: (1)
USCG Coastal Zone Management Act (CZMA) Consistency Determination
(2)
Coastal Zone Management Act (CZMA) Consistency Determination for
Non-Federal Applicants
(3)
CZMA Federal Consistency Compliance Summary Flowchart
(4)
Site Specific Permits, Licenses, and Citations
(5)
List of Coast Guard Actions Subject to Federal Consistency Determination
(6)
Proposed Coast Guard De Minimis Activities
(7)
State Coastal Management Program Federal Consistency Contacts
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