OVERVIEW OF FEDERAL CONSISTENCY

Guam Coastal Management Program’s (GCMP’s) procedures for federal consistency respond to the requirements of the Coastal Zone Management Act of 1972, as amended, as specified in Code of Federal Regulations, 15 CFR Part 930. The basic consistency requirement of the Act is that federally conducted or supported activities which directly affect the coastal zone be consistent to the maximum extent practicable with an approved state management program. Also, applicants for federal funding will be required to determine whether their projects which affect the coastal zone are consistent with the Program. The Territory generally will be able to prevent actions (with exceptions as explained in this section and the Code of Federal Regulations) which are not consistent with the GCMP.

The Bureau of Statistics and Plans, in the Office of the Governor, is the lead agency designated pursuant to 15 CFR 923.53(a)(1) and 15 CFR 930.18. Guam’s “coastal zone” includes all non-federal property on the island, including such areas on all offshore islands and submerged lands and waters extending seaward from such property to a distance of three nautical miles. While federal lands are excluded from the coastal zone, activities on federal lands with direct or indirect (cumulative or secondary) effects to Guam’s coastal uses or resources must be consistent to the maximum extent practicable with the GCMP.

While the area seaward of the territorial sea is legally excluded from Guam’s coastal zone, there is a potential for impacts to occur within the zone which would result from activities occurring on the seaward, or excluded, side of the three nautical mile limit. Federal activities seaward of the three nautical mile limit which have direct or indirect effects to Guam’s coastal uses or resources within the three nautical mile limit must be consistent with the GCMP, at least as far as these effects are concerned.

Federal consistency gives Guam, through GCMP, a strong voice in federal agency decision making for activities that affect Guam’s coastal uses or resources. Generally, federal consistency with GCMP requires that federal actions, within and outside Guam, which have reasonably foreseeable coastal effects must be consistent with the enforceable policies of Guam’s federally-approved coastal management program. These actions include federal agency activities, federally licensed or permitted activities, and federal financial assistance activities by state and local government. The enforceable policies of GCMP were adopted by Guam Executive Order 78-37, promulgated by Governor Ricardo J. Bordallo in 1978, and are listed as follows:

GCMP has developed a guide book to serve as a reference for federal agencies, applicants, and applicant agencies to understand the federal consistency process, called Procedures Guide for Achieving Federal Consistency with the Guam Coastal Management Program. If you are working for or on behalf of a federal agency, applicant, or applicant agency to prepare and submit a Determination (for a federal agency), Consistency Certification (for an applicant for a federal license or permit), or Application for Federal Assistance (for an applicant agency), please consult the Procedures Guide to help guide your work, and reach out to GCMP’s point of contact for Federal Consistency listed on the contact tab for any additional assistance you may need.

Please select the tabs above for further information on each of the following categories of activities that are subject to Federal Consistency:

• Activities undertaken by a Federal Agency (for Federal agency activities or development projects)
• Activities which Require Federal Approval (for Federally-licensed or permitted activities)
• Activities which are funded by the federal government (for Federally funded activities for state and local governments)

Links to further information about Federal Consistency:

• Coastal Zone Management Act of 1972, as amended
• Federal Consistency Regulations, Code of Federal Regulations, 15 CFR Part 930
• NOAA Federal Consistency Overview and Resources
• Guam Executive Order 78-37
• Guam Listed Federal Licenses and Permits
• Guam Listed Federal Financial Assistance 

FEDERAL AGENCY ACTIVITIES OR DEVELOPMENT PROJECTS

A federal activity is any development or function performed by or for a federal agency. Examples include adopting a management plan for a wildlife sanctuary, constructing nearshore facilities and dredging new channels. The federal agency determines if coastal effects are reasonably foreseeable.

In these cases, the Federal agency reviews the activity for consistency with the enforceable policies and prepares a “federal consistency determination”. The determination describes the activity and whether the activity impacts coastal resources. If the activity impacts coastal resources, a statement must be provided that the activity is consistent to the maximum extent practicable with the enforceable policies. GCMP has up to 60 days to concur with or object to, in writing, with the determination.

FEDERALLY LICENSED OR PERMITTED ACTIVITIES

A federal approval is any authorization, certification, approval, license, permit or other form of permission which any federal agency is empowered to issue to an applicant. Examples include U. S. Army Corps of Engineers Section 404 and Section 10 permits. A federal agency cannot provide approval unless GCMP concurs that the project is consistent with the Guam Coastal Management Program. Unlike activities undertaken by federal agencies, activities requiring federal approval must be fully consistent, with the enforceable policies. (See Guam Listed Federal Licenses and Permits)  

In these cases, the applicant for federal approval reviews the activity for compliance with the enforceable policies and prepares a “federal consistency certification”. The certification describes the activity and whether the activity impacts coastal resources. If the activity impacts coastal resources, a statement must be provided that the activity is consistent with the enforceable policies.  The CZM Consistency Certification shall state “The proposed activity complies with the enforceable policies of Guam’s approved management program and will be conducted in a manner consistent with such program.”  GCMP has six months from the receipt of the certification to approve or deny it.  If GCMP does not act within the six months, the activity is approved and presumed consistent.

Federal agencies issuing licenses or permits to non-federal applicants for proposed activities in the coastal zone may do so only for activities that will be conducted in a manner consistent with the approved Guam Coastal Management Program (GCMP).

The Government of Guam has developed a list of federal license or permit activities which affect any coastal use or resource and which GCMP wishes to review for consistency with the management program. Under 15 CFR §930.53(d), no federal license or permit described on an approved list shall be issued by a Federal agency until the requirements of federal consistency have been satisfied.

FEDERALLY FUNDED ACTIVITIES BY STATE AND LOCAL GOVERNMENT

Section 307(d) of the Coastal Zone Management Act of 1972, as amended, states that state and local governments applying for Federal program assistance affecting the coastal zone shall indicate the views of appropriate state or local agencies on the relationship of such activities to the approved coastal management program. Federal agencies may not approve proposed assistance programs which are inconsistent with the approved coastal management program.

Federal assistance is defined as grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other forms of financial aid.

Federal regulations which apply to federal consistency for federal financial assistance may be found in 15 CFR Part 930 Subpart F and other subparts, as applicable. These can be found in Code of Federal Regulations, 15 CFR 930.

Please see  Guam Listed Federal Financial Assistance to see which federal financial assistance is subject to this requirement. Unlisted federal license or permit activities are subject to federal consistency under GCMP provided such activity affects any coastal use or resource.

PUBLIC INVOLVEMENT

The Guam Coastal Management Program provides public participation on submitted proposed projects through public notice.  The GCMP issues a public notice, and provides a public comment period, and, if needed, a public meeting or hearing.  Notification is sent to interested parties based on the development of general and project-specific mailing lists and here on the Bureau of Statistics and Plans’ website. 

PROGRAM DOCUMENT AND PROGRAM CHANGES

Guam Coastal Management Program and Final Environmental Impact Statement

The Guam Coastal Management Program’s (GCMP) program document, the Guam Coastal Management and Final Environmental Impact Statement was submitted with the intent of achieving funding approval under Section 306 of the Coastal Zone Management Act of 1972 (CZMA). GCMP was approved by the Department of Commerce in September 1979. Below are links to Volumes 1 and 2 of the program document:

Guam Coastal Management Program and Final Environmental Impact Statement, Volume 1 of 2 (1979)

Guam Coastal Management Program and Final Environmental Impact Statement, Volume 2 of 2 (1979)

Determination Letters Approving Changes to GCMP

Coastal Zone Management Programs (CZMPs) are to be regularly updated as required by the CZMA and its implementing regulations. GCMP has had three (3) updates to its program via a program change. GCMP received approval for its first change, a Routine Program Implementation, on Sep 27, 1990. GCMP received approval for its second change, a Routine Program Change, on Nov 5, 2013. It should be noted that the 2013 program change included a few provisions that were not approved by the Office of Ocean and Coastal Resource Management. GCMP received approval for its most recent change, a Program Change, on Mar 28, 2023. Below are links to the Determination Letters approving the proposed program changes:

Determination Letter from National Oceanic and Atmospheric Administration’s Office of Ocean and Coastal Resource Management Approving Changes to GCMP, Dated Sep 27, 1990

Determination Letter from National Oceanic and Atmospheric Administration’s Office of Ocean and Coastal Resource Management Approving Changes to GCMP, Dated Nov 5, 2013

Determination Letter from National Oceanic and Atmospheric Administration’s Office for Coastal Management Approving the Changes to GCMP, Dated March 28, 2023

Contact Federal Consistency at the Guam Coastal Management Program

For more information about federal consistency under the Guam Coastal Management Program, please call, write, or visit the Federal Activities Planner, Mr. Julian Janssen.

Federal Activities Planner
Mr. Julian Janssen
Phone: 671-475-9673
Email: esther.taitague@bsp.guam.gov

Physical Address
Guam Coastal Management Program
Bureau of Statistics and Plans
513 West Marine Corps Drive
Hagåtña, Guam

Mailing Address
Guam Coastal Management Program
Bureau of Statistics and Plans
P.O. Box 2950
Hagåtña, Guam 96932