Federal Consistency

Federal Consistency

Federal Consistency is the Federal Coastal Zone Management Act (CZMA) requirement that federal actions (regardless of location) that have reasonably foreseeable effects on any land or water use or natural resource of the coastal zone (also referred to as coastal uses or resources, or coastal effects) must be consistent with the enforceable policies of a coastal state’s federally approved coastal management program, before they can occur. The CZMA federal consistency requirements are found at 15 CFR Part 930.

Federal actions consist of:

Federal Agency Activities (15 CFR Part 930 Subpart C ),-- activities and development projects performed by a Federal agency, or a contractor for the benefit of a Federal agency.
- E.g., Fisheries Plans by the National Marine Fisheries Service, Naval exercises, the disposal of federal land by the General Services Administration, a U.S. Army Corps of Engineers (Corps) breakwater or beach nourishment project, an outer continental shelf (OCS) oil and gas lease sale by the Minerals Management Service (MMS), improvements to a military base, Naval disposal of radioactive or hazardous waste performed by a private contractor, activities in National Parks such as installation of mooring buoys or road construction;
Federally Licensed and Permitted Activities (15 CFR Part 930 Subpart D ), -- activities not performed by a Federal agency, but requiring federal permits, licenses or other forms of federal approval.
- E.g., activities requiring Corps 404 permits, MMS approvals for OCS oil and gas plans, Corps permits for use of ocean dump-sites, Nuclear Regulatory Commission licenses for nuclear power plants, licenses from the Federal Energy Regulatory Commission (FERC) for hydroelectric facilities;
Outer Continental Shelf (OCS) exploration, production and development plans (15 CFR Part 930 Subpart E ), and
Federal Financial Assistance to State and Local Government (15 CFR Part 930 Subpart F).
- E.g., Federal Highway Administration funds to state and local governments, construction grants for wastewater treatment works, hazardous waste management trust fund, and Housing and Urban Development grants.

Pennsylvania’s Department of Environmental Protection (DEP) is the state agency responsible for coordinating the federal consistency review of these federal actions, and concurring with or objecting to the consistency determinations of federal agencies, and consistency certifications of applicants for federal licenses or permits, Outer Continental Shelf (OCS) or federal assistance activities. The CRM within DEP has been tasked with federal consistency coordination and reviews.

Through coordination with all pertinent federal agencies, the CRM has developed direct contact procedures to review all federal consistency actions. In these procedures either the pertinent federal agency or the applicant sends to the CRM the required consistency certification / determination, and the information necessary for the CRM to perform its consistency review. In every consistency review made by the CRM, the CRM notifies in writing, BOTH the applicant and federal agency of its decision.

Review Procedures for Assuring Consistency

Consistency for Federal Agency Activities,
15 CFR Part 930 Subpart C

The CRM uses the following procedures to review federal agency activities and development projects. These procedures are modified if the federal consistency regulations promulgated by the National Oceanic and Atmospheric Administration (NOAA) mandate changes, or if unforeseen deficiencies or conflicts arise in using these procedures. Necessary changes made to correct deficiencies or conflicts are submitted to all federal agencies for comment. Following a reasonable review period, all received comments are evaluated and a new procedure is developed. This new procedure is then utilized in the review of federal actions requiring consistency.

The existing review procedures for federal agency activities or development projects are as follows:

Direct contact review procedures have been instituted with all pertinent federal agencies whereby these agencies send their federal activities and development projects to the CRM for review. These federal agencies have been made aware of which of their activities and projects are expected to affect coastal uses or resources.
At the earliest practicable time, federal agencies should notify the CRM that they are planning to undertake an activity or development project affecting the coastal zone, and whether it is consistent to the maximum extent practicable with Pennsylvania’s management program. The federal agency provides its consistency determination in writing to the CRM at least 90 days before final approval of the federal agency activity unless both the CRM and the federal agency agree to an alternative notification schedule. The CRM uses the DEP’s permit process, participation in pre-permit meetings, and review of the Federal Register and Pennsylvania Bulletin as a backup to ensure receipt of all federal agency activities and projects, and also to monitor for other unlisted, but pertinent federal activities and projects. For those federal activities and projects not received, the CRM notifies the federal agency of its need to review them.
- NOTE: Development projects located inside the Pennsylvania coastal zone are automatically subject to consistency reviews, and require a consistency determination. However, for federal agency activities located in or outside of the coastal zone, and development projects located outside of the coastal zone, the federal agency determines if they will have reasonably foreseeable coastal effects. Any federal agency activity / development project regardless of its location is subject to the CZMA consistency requirement if it will affect any natural resources, land uses, or water uses of the coastal zone. No federal agency activities / development projects are categorically exempt from this requirement.
- States are encouraged to list federal agency activities (see list below) that are expected to affect coastal uses or resources in their approved management plans, and to monitor unlisted activities and to notify federal agencies when an unlisted activity requires consistency review.
  If coastal effects are reasonably foreseeable, then the federal agency must submit a consistency determination to CRM at least 90 days before the activity starts. If there are “no effects” the federal agency may have to provide a Negative Determination as per section 15 CFR 930.35.
The required consistency determination includes a brief statement on whether or not the proposed action will be undertaken in a manner consistent to the maximum extent practicable with the state’s approved management program, a detailed description of the proposed action, its associated facilities, its combined coastal effects, and will be presented in sufficient detail to support the federal agency’s consistency statement. As appropriate and at the request of the federal agency, CRM assists the agency in making the consistency determination concerning the proposal. Consistency determination is made with respect to the program’s enforceable policies approved by NOAA.
Upon receipt of the consistency determination and other required information the CRM coordinates its review with appropriate state permitting and resource agencies, and responds to the federal agency within the time period (60 days,) and in the manner prescribed by 15 CFR Part 930 Subpart C. Should CRM object to the federal agency’s consistency determination and fail to resolve its differences with the federal agency, the CRM may request mediation by the Secretary of Commerce or the federal Office of Ocean and Coastal Resource Management (OCRM), pursuant to 15 CFR Part 930, Subpart G. Mediation is not required and is a non-binding administrative remedy. Should Pennsylvania be dissatisfied with the outcome of the mediation process, or if the federal agency elects to proceed despite the state’s objection, prior to, during or after the mediation, the state may pursue remedies in the federal courts.

The following federal agency activities or development projects are expected to have coastal effects:

U.S. Department of the Interior - Minerals Management Service
1. OCS oil and gas lease sales (Outer Continental Shelf Lands Act (43 USC 1334, et seq.)).
2. Pipeline rights-of-way or easements for oil and gas transmission on the Outer Continental Shelf (Outer Continental Shelf Lands Act (43 USC 1334, et seq.)).
U.S. Department of the Interior - National Park Service
1. Designing, acquiring, constructing, modifying and removing facilities and other national park service amenities (National Park Service Concessions Management Improvement Act of 1997 (16 USC 5951)).
2. Acquisitions, transfer, and disposal of land, including granting rights-of-way (National Park Service Concessions Management Improvement Act of 1997 (16 USC 5951)).
U.S. Department of the Interior - U.S. Fish and Wildlife
1. Plans for US Fish & Wildlife Service lands such as National Wildlife Refuges (National Wildlife Refuge System Improvement Act of 1997 (16 USC 668dd)).
2. Acquisition, transfer, and disposal of land and interest in land including granting rights-of-way (National Wildlife Refuge System Improvement Act of 1997 (16 USC 668dd)).
U.S. Department of Defense - U.S. Army Corps of Engineers
1. Designing, constructing, reconstructing and modifying navigation channels, mooring areas, anchorages, breakwaters, groins, jetties, barriers, harbors, piers docks, sand bypass systems, habitat areas including wetlands, beach and dune nourishment, erosion control and shoreline stabilization structures (Rivers and Harbors Act (33 USC 1), Water Resources Development Act (42 USC 1962 d-5, d5e, d5f)).
2. Dredging, storing, dewatering and disposing of dredged material (Marine Protection, Research and Sanctuaries Act (33 USC 1413), Federal Water Pollution Control Act (33 USC 1344)).
3. Establishment of harbor lines (Rivers and Harbors Act (33 USC 404)).
4. Land acquisition, transfer and disposal including sites for disposal of dredged material (Rivers and Harbors Act (33 USC 558b))
5. Development of or changes to Nationwide Permits, State Programmatic General Permits or Regional Permits (33 CFR Parts 325 and 330).
6. Selection of storage, dewatering and disposal sites for dredged material including dredged material management plans (Marine Protection, Research and Sanctuaries Act (33 USC 1413), Federal Water Pollution Control Act (33 USC 1344)).
U.S. Department of Defense - U.S. Navy
1. Acquisition, design and construction of new or modified defense installations (PL 97-214 (10 USC 2682), PL 85-861 (10 USC 2663)).
2. Storage, dewatering and disposal of dredged material including development of dredged material management plans (Federal Water Pollution Control Act (33 USC 1344)).
3. Ocean discharge and ballast water exchange programs (Act to Prevent pollution from Ships (33 USC 1902)).
4. Base closures, disposal of Defense property, including disposal and reuse plans for base closures (Defense Authorization Amendments and Base Closure and Realignment Act (10 USC 2687, and PL 104-106 (USC 2662)).
5. Dredging, storing, testing, sampling, dewatering and disposing of dredged material (Marine Protection, Research and Sanctuaries Act (33 USC 1413), and Federal Water Pollution Control Act (33 USC 1344)).
U.S. Department of Defense - U.S. Air Force
1. Acquisition, design and construction of new or modified defense installations (PL 97-214 (10 USC 2682), and PL 85-861 (10 USC 2663)).
2. Base closures, disposal of Defense property, including disposal and reuse plans for base closures (Defense Authorization Amendments and Base Closure and Realignment Act (10 USC 2687), and PL 104-106 (USC 2662)).
General Service Administration
1. Acquisition, design, construction, development, transfer, disposal and leasing of federal lands, structures and facilities (Federal Property and Administrative Services Act (40 USC 471, 472)).
U.S. Department of Homeland Security - U. S. Coast Guard
1. Designation, expansion, modification or abandonment of anchorages, lightering areas, navigation channels and shipping lanes (Ports and Waterways Safety Act (33 USC 1223)).
2. Dredging, storing, dewatering and disposing of dredged material (Marine Protection, Research and Sanctuaries Act (33 USC 1413), and Federal Water Pollution Control Act (33 USC 1344)).
3. Construction of new or enlarged Coast Guard stations, bases and lighthouses (Ports and Waterways Safety Act (33 USC)).
U.S. Department of Commerce - National Marine Fisheries
1. Development of Fishery Management Plans, amendments and framework adjustments (Magnuson-Stevens Fishery Conservation and Management Act (16 USC 1835))
Environmental Protection Agency
1. Designation of open water sites for dredged and other materials and development of standards for designated sites (Marine Protection, Research and Sanctuaries Act (33 USC 1412)).
2. Development of Comprehensive Port Improvement Plans (National Environmental Policy Act (42 USC 4321, et seq.))
U.S. Department of Energy - Federal Energy regulatory Commission
1. Grant of right of eminent domain for rights-of-way for natural gas pipelines (Natural Gas Act (15 USC 717f)).
Department of Transportation - Federal Highway Administration
1. Designing, constructing, reconstructing and modifying roads, highways, bridges, causeways and associated transportation facilities such as rest areas, toll areas and park and ride facilities (Pub. L. 97-449, 103-272, 104-324, and 106-159 (49 USC 104).
2. Land acquisition for highway construction and improvements (PL 85-767 and 105-178 (23 USC 107) and Declaration of Taking Act (40 USC 258a)).
Department of Transportation - Federal Aviation Administration
1. Siting and design, installation, construction, and demolition of aviation facilities and aids to navigation (Air Traffic Management System Performance Improvement Act (49 USC 106)).
Department of Transportation - Maritime Administration
1. Ports and intermodal facilities and operations (Merchant Marine Act (46 USC 861), Defense Production Act, and Executive Orders 10480 and 12656).

Consistency for Federally Licensed and Permit Activities,
15 CFR Part 930 Subpart D - Section 930.51
defines federal license and permit activities:

Any applicant required to obtain a federal license or permit for an activity that affects any land or water use or natural resource of the coastal zone should consult with the CRM to assure that the proposed activity will be conducted in a manner consistent with the CRM.

NOTE: All federal license or permit activities occurring in Pennsylvania’s coastal zone are deemed to affect coastal uses or resources, if CRM has “listed” the particular federal license, permit or authorization in its federally approved program management document (i.e. see CRM list below).

Persons or agencies required to obtain federal licenses or permits listed by the state as requiring consistency review shall submit a copy of the license or permit application to the CRM along with the necessary data and information required by 15 CFR 930.58, and indicate that the proposed activity complies with and will be conducted in a manner consistent with the enforceable policies of the CRM. Upon receipt of the application, the CRM will coordinate its consistency review with appropriate state permitting and resource agencies, and respond in writing to both the applicant and federal agency in a manner prescribed by 15 CFR Part 930, Subpart D.

If an applicant is applying for one of the listed U.S. Army Corps of Engineers’ permits, DEP and the Corps have developed a joint federal /state permit application to facilitate the state / federal permit process. A single application is submitted in triplicate to the pertinent DEP Regional Office. DEP keeps one copy, the second copy is sent to the Corps, and the third copy is sent to the Pennsylvania Fish and Boat Commission. Through coordination with DEP’s regional offices, CRM will be informed of the project and requests a fourth copy from the applicant. Some activities requiring a Corps’ permit and which qualify for a Corps’ State Programmatic General Permit-2 (in Pennsylvania only), have already been determined to be consistent by CRM, under 15 CFR Part 930 Subpart C, and do not require further state federal consistency review.

If a federal license or permit requires a CRM consistency review, and the CRMP has not replied within 6 months of receipt of the certification and necessary data and information, then the CRM’s concurrence is presumed. CRM’s consistency decision will be communicated in writing to both the applicant and the authorizing federal agency.

The CRM uses the DEP’s permit process, the federal agencies’ Public Notices, participation in pre-permit meetings, and review of the Federal Register and Pennsylvania Bulletin as a backup to ensure receipt of all listed federal licenses and permits, and also to monitor for unlisted federal licenses or permits. For those federal permit and license activities not received or unlisted, the CRM notifies the applicant and applicable federal agency of any CZMA consistency responsibilities.

Upon receiving certification concurrence from the CRM, the federal agency may approve the activity. If the CRM objects, then the CRM forwards in writing to the applicant and to the federal agency, the reasons the application was determined to be inconsistent. The letter may also include recommendations for making the application consistent with Pennsylvania’s program. The applicant may appeal the state’s objection to the Secretary of Commerce within 30 days of receipt of the state’s objection. The Secretary of Commerce shall then determine whether the activity is consistent with the objectives of the Federal Coastal Zone Management Act, or is necessary in the interest of national security. If the Secretary finds that the proposal meets with either of these requirements, the federal agency may approve the activity. If neither of these requirements is met, then the Secretary shall notify the federal agency that it may not issue the permit. If the state objects, the applicant is also encouraged to discuss options with the CRM. If a satisfactory resolution is negotiated, then the state will remove its objection.

The geographic scope of the consistency review involving federal licenses and permits includes the entire coastal zone and, in some cases, areas outside the coastal boundaries. Federal lands within the coastal zone boundary are excluded from the coastal zone, but listed federal license or permit activities on these federal lands are still subject to consistency review. Federal license or permit activities on federal lands and on other lands outside the zone boundary are subject to consistency review if the license or permit is listed in the CRM and the activity is located in a geographic area outside the coastal zone that is described in the CRM. See 15 CFR 930.53. If the federal license or permit activity is not listed or is listed but is outside such a geographic location, then CRM must obtain OCRM approval to review the activity pursuant to 15 CFR 930.54. Persons proposing to conduct an activity with potential coastal effects should consult with the CRMP early in the planning process in order to avoid later problems

To assist federal agencies and applicants in determining whether or not licenses or permits for an activity require a consistency certification with the CRM, the following list describes the licenses and permits subject to CRM review. Other permits and licenses may be added as further needs are indicated. As this list is modified, the CRM will communicate the changes to the appropriate federal agencies and OCRM.

The following federal permits and licenses are subject to CRM consistency procedures.

Environmental Protection Agency
1. Water Quality Certifications, NPDES permits and other activities requiring a permit or license under sections 401, 402, 405, and 318 of the Federal Water Pollution Control Act (Sections 401, 402, 405 and 318 of the Federal Water Pollution Control Act (33 USC 1341, 1342, 1345 and 1328)).
2. Permits pursuant to the Clean Air Act including prevention of significant deterioration permits, nonattainment major new source review permits, and permits for major amounts of hazardous air pollutants (Clean Air Act (42 USC 7401, et seq.))
Nuclear Regulatory Commission
1. Approval for the construction, decommissioning, and modification of nuclear facilities, and the possession and use of byproducts, source and special nuclear material (Atomic Energy Act of 1954 (42 USC 2011), Title II of the Energy Reorganization Act of 1974 (42 USC 5841), the National Environmental Policy Act of 1969, and Nuclear Waste Policy Act of 1982 and its 1987 amendments (10 CFR 71, 72 and 50)).
Federal Energy Regulatory Commission
1. Licenses required for non-federal hydroelectric projects (Federal Power Act (16 U.S.C. 796(11), 797(e), 800, 801, and 808) HYDROPOWER).
2. Orders for interconnection of electric transmission facilities (Section 202(b) of the Federal Power Act (16 U.S.C. 824a(b) HYDROPOWER).
3. Certificates of public convenience and necessity for the construction of natural gas pipeline facilities, including both interstate pipelines and LNG terminal facilities (Sections 7 and 7(c) of the Natural Gas Act (15 U.S.C. 717 and 717f(c)). (PIPELINES)
4. Permission and approval for the abandonment of natural gas pipeline facilities (Section 7(b) of the Natural Gas Act (15 U.S.C. 717f(b)). (PIPELINES)
Department of Defense - Army Corps of Engineers
1. Permits for construction of dams, dikes, bulkheads, revetments, groins, jetties, piers, docks, pipelines, cables, seawalls, wharfs, piers or other structures (Sections 9, 10, 11 and 14 of the Rivers and Harbors Act (33 USC 401, et seq)).
2. Discharge of dredge or fill material in navigable waters of the United States, including wetlands (Section 404 of the Federal Water Pollution Control Act (33 USC 1344)).
Department of Homeland Security - US Coast Guard
1. Permits for the construction or modification of bridges or causeways over navigable waters, including affixed pipelines or other structures (Section 9 or 10 of the Rivers and Harbors Act (33 USC 401 and 403), and General Bridge Act (33 USC 491-507, and 525-534)).
2. Construction of deepwater ports (Deepwater Ports Act (33 USC 1501 et seq.)).
Department of Transportation - Surface Transportation Board
1. Approval for construction, expansion, or alteration of railway services and facilities, water carriers, including commercial ferries and associated facilities, and intermodal facilities and operations (49 USC 10101 et seq., 49 USC 10901 et seq., and 49 USC 13101).
Department of the Interior - Minerals Management Service
1. Licenses and permits described in detail in OCS oil and gas plans (Outer Continental Shelf Lands Act (43 USC 1338 et seq.).
Department of Transportation - Surface Transportation Board and Federal Administration
1. Licenses or Certificates for rail line construction, including line crossings (ICC Termination Act of 1995 (49 USC 10101, et seq.)).
2. Licenses or Certificates for design, construction, expansion, curtailment, upgrading, or regulating of railroad facilities, including bridges (ICC Termination Act of 1995 (49 USC 10101, et seq.)).
3. Licenses or Certificates for removal of trackage and disposition of right-of-way (ICC Termination Act of 1995 (49 USC 10101, et seq.)).

Consistency for Federal Assistance to State and Local Governments,
15 CFR Part 930 Subpart F

The term “federal assistance” means assistance provided under a federal program to an applicant agency through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other form of financial aid. An “applicant agency” is a State agency or local government applying for federal financial assistance.

The CRM reviews all federal assistance activities to governmental agencies that potentially affect the environmental, economic, and social resources of the Commonwealth’s coastal zones. CRM uses a review procedure where all pertinent federal, state and local governmental grant recipient agencies send their federal assistance grant applications directly to the CRM for review. Federal agencies have informed these governmental agencies that their grant activities require the CRM consistency review, and have directed them to submit consistency certifications and copies of grant applications to the CRM. The federal Office of Management and Budget has added CRM consistency requirements to the “Assurances” form found in all grant applications. This “Assurances” form also requires compliance with NEPA, the National Historic Preservation Act, the Wild and Scenic Rivers Act, the Clean Air Act, etc.

In addition, the CRM relies on DEP’s internal federal assistance project review process developed under Executive Order 12372, and discussed in the last chapter.

The CRM uses DEP’s permit process, participation in pre-permit meetings, and review of the Federal Register and Pennsylvania Bulletin, as a backup to ensure receipt of all listed federal assistance activities, and also to monitor for other pertinent federal assistance activities not received. For those federal assistance activities not received, the CRM notifies the pertinent governmental agency of its need to review them.

Upon receipt of the consistency certification, the information required by 15 CFR section 930.94(c), the CRM coordinates its review with appropriate state permitting agencies, and affected coastal municipalities, and responds in writing to the applicant agency and the federal agency within 30 days of receipt of the certification. Within 30 days, the CRM prepares a consistency concurrence or objection, and sends copies to the applicant, the federal grant agency, and the DEP’s Office of Policy. If the CRM does not object, the federal agency may grant the funds.

In the event the CRM objects to the applicant’s proposal, the CRM’s written objection will describe how the proposal is inconsistent with the applicable CRMP enforceable policies, or lacks information needed to determine consistency, and alternative measures which makes the proposed project consistent with the CRM. The CRM’s objection letter is sent to the applicant, the federal agency and DEP’s Office of Policy.

NOTE: Before sending an objection, the CRM first coordinates it’s objection with the DEP’s Office of Policy.

As a result of the CRM's federal consistency objection, the federal agency may not provide the financial assistance.

The applicant agency may appeal the CRM’s objection with the Secretary of Commerce as described above, within 30 days of receipt of the state’s objection. Applicant agencies are also encouraged to arrange a meeting with the CRM to address the CRM’s objection and enforceable policies.

The following federal assistance to state and local governments are subject to CRM consistency procedures:

U.S. Department of the Interior - National Park Service
1. 15.916 Outdoor Recreation, Acquisition, Development and Planning
2. 15.918 Disposal of Federal Surplus Real Property for Parks, Recreation, and Monuments
3. 15.919 Urban Park and Recreation Recovery Program
U.S. Department of the Interior - US Fish and Wildlife Service
1. 15.600 Anadromous Fish Restoration
2. 15.605 Sport Fish Restoration
Environmental Protection Agency
1. 66.001 Air Pollution Control Program Support
2. 66.005 Air Pollution Control Survey and Demonstration Grants (construction projects only)
3. 66.418 Construction Grants for Wastewater Treatment Works
4. 66.419 Water Pollution Control, State and Interstate Program Support
5. 66.454 Water Quality Management Planning
U.S. Department of Housing and Urban Development
1. 14.110 Manufactured Home Loan Insurance - Financing Purchase of Manufactured Homes as Principal Residences of Borrowers
2. 14.112 Mortgage Insurance for Construction or Substantial Rehabilitation of Condominium Projects
3. 14.117 Mortgage Insurance - Homes
4. 14.124 Investor Sponsored Cooperative Housing
5. 14.125 Mortgage Insurance - Land Development and New Communities
6. 14.127 Mortgage Insurance - Manufactured Home Parks
7. 14.128 Community Development Block Grants/Entitlement Grants
8. 14.129 Mortgage Insurance - Nursing Homes, Intermediate Care Facilities, Board and Care Homes and Assisted Living Facilities
9. 14.218 Community Development Block Grants - Small Cities Program
10. 14.221 Urban Development Action Grants
11. 14.225 Community Development Block Grants/Special Purpose Grants/Insular Areas
12. 14.228 Community Development Block Grants/State’s Program
13. 14.231 Emergency Shelter Grants Program
14. 14.239 HOME Investment Partnerships Program
15. 14.248 Community Development Block Grants - Section 108 Loan Guarantees
U.S. Department of Transportation - Federal Aviation Administration
1. 20.102 Airport Development Aid Program
2. 20.103 Airport Planning Grant Program
3. 20.106 Airport Improvement Program
U.S. Department of Transportation - Federal Highway Administration
1. 20.205 Highway Planning and Construction
2. 20.506 Urban Mass Transportation Demonstration Grants
3. 20.515 State Planning and Research
U.S. Department of Commerce - Economic Development Administration
1. 11.300 Grants and Loans for Public Works and Development Facilities
2. 11.301 Business Development Assistance
3. 11.302 Economic Development -Support
4. 11.304 Economic Development - Public Works Impact Projects
5. 11.305 State and Local Economic Development Planning
6. 11.307 Special Economic Development and Adjustment Assistance Program - Long Term Economic Deterioration
7. 11.308 Grants to States for Supplemental and Basic Funding Titles I, II, III, IV, and V Activities
8. 11.501 Development and Promotion of Ports and Intermodal Transportation
9. 11.509 Development and Promotion of Domestic Waterborne Transport Systems
Department of Commerce - National Oceanic and Atmospheric Administration
1. 11.441 Regional Fishery Management Councils

Consistency for Outer Continental Shelf Exploration, Development and Production Activities,
15 CFR Part 930 Subpart E

Exploration, development, or production activities requiring a federal license or permit and described in detail in an Outer Continental Shelf (OCS) plan for any area which has been leased under the Outer Continental Shelf Lands Act (43 SC, Section 1331 et seq.), and which affect the coastal zone, must be conducted in a manner consistent with the enforceable policies of approved state coastal zone management programs. The person submitting an OCS exploration or development/production plan to the U.S. Department of the Interior must provide a consistency certification. The Department of the Interior then forwards a copy of the OCS plan, excluding proprietary information, and the person’s consistency certification to the CRM requesting a decision on the person’s certification.

The CRM seeks to coordinate reviews of other pertinent federal permits associated with the review of OCS plans. In addition, the CRM coordinates its review with other state permitting and resource agencies, especially regarding compliance with state oil and gas regulations. The CRM also coordinates its review of OCS plans with any affected coastal communities.

CRM uses DEP’s permit process, federal agencies’ Public Notice, participation in pre-permit meetings, and review of the Federal Register and Pennsylvania Bulletin as a backup to ensure receipt of all OCS permits and projects. For those federal activities and projects not received, the CRM notifies the federal agency of its need to review them.

CRM will respond to the person and the Department of the Interior within 3 months of receiving from the Department of the Interior the consistency certification and supporting information. If a decision on consistency is not issued within 3 months, CRM will notify the U.S. Department of the Interior and the person of the status of the consistency review. Concurrence with the consistency certification is conclusively presumed in the absence of this response. Concurrence is conclusively presumed in the absence of an objection by CRMP within 6 months of commencement of the consistency review.

In the event that CRM objects to the consistency certification, the CRM notifies the person, the Department of the Interior, and the Director of OCRM of the reasons why the state objects to the action. Additionally, the person will be provided with the following: suggestions for correcting the proposal so that it complies with the enforceable policies of the CRM, notice that the person may appeal CRM’s objection to the Secretary of Commerce pursuant to 15 CFR part 930 subpart H. The CRM is also available to meet with the person attempt to resolve the differences.

P.O. Box 8465
400 Market Street
Harrisburg, PA 17105-8465
Phone: (717) 772-4785
Fax: (717) 783-4690