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Direct Federal Actions Information
•     Federal consistency is a federal requirement, not a state requirement, and therefore can only be preempted by a specific act of Congress.  Federal agencies are required to ensure their actions are consistent with the OCMP, including local and state enforceable policies, unless compliance is specifically prohibited by other federal law.
 
•     Federal agencies are responsible for making the initial determination of whether a proposed action will affect land or water uses or natural resources of the coastal zone and requesting state concurrence with that determination.  Federal agencies are to consider direct, indirect, and cumulative coastal zone effects.  Any project with coastal zone effects is potentially subject to DLCD review, including projects occurring on federal lands within the coastal zone or outside of the coastal zone boundaries.
 
•     DLCD strongly encourages federal agencies to seek early coordination and consultation.  Federal agencies and DLCD can then better determine whether coastal zone review is required and can begin to discuss and address any coastal zone issues.   At a minimum, DLCD must be notified 90 days prior to the anticipated final federal decision point for actions affecting the coastal zone.
 
•     Federal consistency requirements should not be confused with requirements under the National Environmental Policy Act [NEPA].  The CZMA and NEPA are distinct federal acts and impose different federal requirements.  For example, there are no categorical exemptions under the federal consistency requirements of the CZMA.  In other words, meeting NEPA requirements does not automatically ensure compliance with the CZMA.  However, coastal zone and NEPA processes can be coordinated.  Federal consistency determinations can be included in or supplemented by NEPA documents if all required information is provided to the state. 
 
•     Per federal regulations, federal consistency determinations must contain at least: [1] a detailed description of the proposed activity; [2] a discussion of anticipated coastal zone effects; and [3] an evaluation of the activity and effects in light of the enforceable policies of the OCMP.  The consistency determination may be provided in any format provided these basic content requirements are met.
 
•     DLCD and federal agencies can agree to abbreviated procedures to address projects with minimal or environmentally beneficial coastal zone effects.  DLCD can also work with federal agencies to address projects of a repetitive nature with general, one-time consistency determinations.