11 AAC 110.320. Request for additional information for a federal consistency determination

(a) No later than Day 25 of the consistency review, a review participant may provide the office with any request for additional information necessary to determine whether the requestor concurs with or objects to the federal consistency determination.

(b) The office may on or before Day 25 of the consistency review request additional information at the office's own initiative or based on a timely request received under (a) of this section. A request by the office based on a request received under (a) of this section shall identify the requestor.

(c) In requesting additional information from the federal agency based on a request received under (a) of this section, the office shall request additional information relevant to the proposed activity and appropriate in the context of the requestor's expertise or area of responsibility. If a request for additional information is submitted to the office under (a) of this section that is outside the requestor's expertise or area of responsibility, the office shall consult with all review participants with expertise or responsibility to determine whether the requested information is necessary to evaluate the activity's consistency with the enforceable policies of the program.

(d) The federal agency must provide the additional information requested by the office to the office and, if the information was requested by a review participant, to that requestor. The federal agency shall provide sufficient copies of the requested information to the office for distribution to other interested review participants. The office shall ensure that the requestor and other interested review participants receive the additional information.

(e) A review participant that requested additional information under (a) of this section shall notify the office when the requested information is received. Within seven days after receiving the information, the requestor shall notify the office whether the information is adequate or inadequate. If the requestor considers the information inadequate, the requestor shall also

(1) explain how the information submitted is inadequate; and

(2) identify the information that is needed to satisfy the original request or to address new issues raised in the federal agency's response to the original request.

(f) After reviewing the additional information submitted by the federal agency and the comments of any requestor under (e) of this section, the office shall either inform the federal agency that

(1) the additional information provided is adequate; or

(2) some or all of the information is inadequate and request the federal agency to provide the further information that is still needed to satisfy the original request in the same manner as provided under (d) of this section for the federal agency's original response.

(g) Nothing in this section prohibits a resource agency from requiring additional information under the statutory and regulatory authorities applicable to the review of the resource agency's authorization.

History: Eff. 7/1/2004, Register 170

Authority: AS 46.39.010

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