11 AAC 110.350. Resource agency authorization.

(a) For an activity that requires a federal consistency determination and an authorization from one or more resource agencies,

(1) the office shall coordinate the start date for the consistency review with the resource agency authorization review process so that the consistency review can be completed within the timeframes specified in 15 C.F.R. 930.30 - 930.46; and

(2) if a federal agency seeks mediation from the United States Secretary of Commerce under 15 C.F.R. 930.112 - 930.116, a resource agency may not issue an authorization until mediation is concluded; consistent with any policy direction given by the commissioner, the office may amend a final consistency response to reflect the outcome of the mediation process.

(b) If a requirement set out in a final consistency response under 11 AAC 110.345 is more or less restrictive than a similar requirement in a resource agency authorization, the federal agency shall comply with the more restrictive requirement in accordance with 16 U.S.C. 1456.

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

Authority: AS 46.39.010

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