Ala. Admin. Code r. 335-8-1-.10

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-1-.10 - Review Process For Federal Projects, Activities And Assistance

(1) Pursuant to 15 C.F.R. Part 930, Subpart C, functions performed by or on behalf of a federal agency in the exercise of its statutory responsibilities and development projects undertaken by or on behalf of the federal agency involving the planning, construction, modification, or removal of public works, facilities, or other structures, in the acquisition, utilization, or disposal of land or water resources which affect the coastal area are required to be undertaken in a manner consistent, to the maximum extent practicable, with the management program. The Department shall review and respond to federal agency consistency determinations in accordance with the provisions of 15 C.F.R. Part 930, Subpart C.

(a) Federal activities which are subject to review, and are listed pursuant to 15 C.F.R. Part 930, Subpart C, include, but are not limited to, the following:

1. Property acquisition or disposal within the coastal area;

2. Discharge of wastes into the air or waters of the coastal area;

3. Road construction within the coastal area;

4. Disposition, design, construction, alteration or maintenance of any facilities on lands located within the coastal area;

5. Programs related to management of coastal resources;

6. Activities affecting water quality or quantity;

7. Transport of hazardous substances; and

8. Other activities that could affect coastal resources due to their size, location, or manner of construction.

(2) Pursuant to 15 C.F.R. Part 930, Subpart F, assistance provided under a federal program to any unit of state or local government, or any related public entity such as a special purpose district, through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other form of financial aid for activities affecting the coastal area, are required to be consistent with the management program. The Department shall review and respond to applications from applicant agencies for federal assistance in accordance with the provisions of 15 C.F.R. Part 930, Subpart F.

(a) The types of federal assistance programs subject to review, and listed pursuant to 15 C.F.R. § 930.95 include, but are not limited to, the following:

1. Grants or loans by the U.S. Department of Agriculture, Farmers Home Administration;

2. Housing development grants by the U.S. Department of Housing and Urban Development;

3. Grants by the U.S. Department of Transportation, Federal Aviation Administration;

4. Grants or loans from the Land and Water Construction Fund by the U.S. Department of the Interior;

5. Grants or loans by the U.S. Department of Commerce for public works and development;

6. Community development block grants by the U.S. Department of Housing and Urban Development;

7. Sewage treatment construction grants or loans made directly by capitalization grants from the U.S. Environmental Protection Agency; and

8. Urban development actions grants by the U.S. Department of Housing and Urban Development.

Ala. Admin. Code r. 335-8-1-.10

Effective: August 14, 1979. Amended: October 9, 1985. Repealed and New Rule: Filed May 26, 1994; Effective June 30, 1994. Amended: Filed February 28, 2012; effective April 3, 2012.

Authors: John C. Carlton, Michael Sherman

Statutory Authority:Code of Ala. 1975, §§ 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.