Consultation for Coastal Zone Management Programs

Under Section 307(c)(1)(A) of the Coastal Zone Management Act (CZMA), Federal actions are to be carried out in a manner that is consistent, to the maximum extent practicable, with the enforceable policies of approved State coastal zone management programs. In conjunction with the development of UNDS Phase II, Navy and EPA met with the National Oceanic and Atmospheric Administration's (NOAA) Coastal Programs Division and with interested States (as part of State Consultation) to identify potentially applicable enforceable policies. In addition, the Navy and EPA contacted States and Territories having Federally-approved coastal management programs (CMPs), to request that they identify policies that may be applicable to the UNDS Program. During the two Phase II outreach efforts, the Navy and EPA met with 25 of the 34 States having Federally-approved CMPs (see map). Navy and EPA are reviewing all available State CMP plans and responses that identified enforceable coastal policies to determine their applicability to the UNDS Phase II Batch One rulemaking. The policies within the CMPs will be the subject of a Phase II Batch One National Consistency determination.

Many States share common coastal management concerns and have similar enforceable policies (e.g., protection of a distinct coastal resource such as water quality). As outlined in NOAA’s Federal consistency rulemaking (65 Federal Register 77123-77154, December 8, 2000), a national consistency determination allows Federal agencies to address multiple State policies with one discussion and determination. Following this guidance, the Navy and EPA are grouping similar enforceable State and Territory policies as “themes” within the Batch One National Consistency Determination. These themes address a common coastal resource or management concern. Examples of some of the themes identified include water quality, pollution, recreational uses, and wetlands. The Navy and EPA will submit the Batch One National Consistency Determination to the 34 States and Territories with Federally-approved CMPs for their review and input. In addition, the National Consistency Determination will be included as part of the Phase II Batch One Proposed Rule.