Federal Consistency provides states and territories with an important tool for managing coastal uses and resources and for facilitating cooperation and coordination with federal agencies. Federal Consistency is the Coastal Zone Management Act requirement whereby federal agency activities that have reasonably foreseeable effects on any land or water use or natural resource of the coastal zone must be consistent to the maximum extent practicable with the enforceable policies of a coastal state’s federally-approved coastal management program. The review to establish consistency with the Guam Coastal Management Program (GCMP) enforceable policies as stated in the Executive Order 78-37, is conducted and as specified in the Code of Federal Regulations, 15 CFR 930.
Under GCMP, federal activities that affect any land use, water use or natural resource of the coastal zone must comply with the following enforceable policies identified in the Procedures Guide for Achieving Federal Consistency with the Guam Coastal Management Program:
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Development Policies |
Resource Policies |
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Activities and development affecting coastal resources which involve the federal government are evaluated through a process called “federal consistency”. This process allows the public, local governments, and state agencies an opportunity to review Federal actions likely to affect Guam’s coastal resources or uses.
There are three categories of activities, which trigger a federal consistency review:
1. activities undertaken by a Federal agency,
2. activities which require Federal approval, and
3. activities which use federal funding.
If a project falls into one of these categories AND is either in the coastal zone or it impacts coastal uses or resources, then the federal consistency process is triggered. Each of the categories has different federal consistency requirements; therefore each category is discussed separately on pages linked on the tabs above.
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.
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. Please see Guam Listed Federal Financial Assistance to see which federal financial assistance are 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.
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.
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)
Routine Program Implementation Determination Letter (Sep 27, 1990)
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: 671-475-9664
Email: julian.janssen@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
Public comment period: June 24 to July 15, 2022 The following consistency certification was submitted for federal consistency review. Section 306(a) of the Coastal Zone
There will be an in-person meeting on Thursday, June 30, 2022 at 10:00 am at the Governor’s Small Conference Room at Adelup to discuss an upcoming GCMP Program Change which
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