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For a proposed project that requires a federal consistency certification 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 16 U.S.C. 1456(c)(3)(A) and 15 C.F.R. 930.50 - 930.66; and
(2) if an applicant appeals a consistency response to the United States Secretary of Commerce under 15 C.F.R. 930.120 - 930.131, a resource agency may not issue an authorization necessary for the project until the appeal is decided; consistent with any policy direction given by the commissioner, the office may amend a final consistency response to reflect the outcome of the appeal.
History: Eff. 7/1/2004, Register 170
Authority: AS 46.39.010
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Last modified 7/05/2006