FEDERAL CONSISTENCY

What is Federal Consistency?

The basic consistency requirement of the CZM 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.

Federal Consistency

Federal Consistency gives Guam, through GCMP, a strong voice in federal agency decision-making for activities that affect Guam’s coastal uses or resources.

LEARN MORE ABOUT FEDERAL CONSISTENCY

OVERVIEW OF FEDERAL CONSISTENCY

The 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 that have direct or indirect effects on 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:

Development Policies	Resource Policies
• Shore Area Development • Urban Development • Rural Development • Major Facility Siting • Hazardous Areas • Housing • Transportation • Erosion & Siltation	• Conservation of Natural Resources • Air Quality • Water Quality • Fragile Areas • Living Marine Source • Visual Quality • Recreation Areas • Public Access • Agricultural Lands

GCMP has developed a guidebook 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.

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 Activity and Coastal Zone Management
Federal activity includes a federal agency’s development or function, such as adopting management plans, building nearshore facilities, or dredging channels. For coastal zone management purposes, the federal agency must determine if any coastal effects from the activity are “reasonably foreseeable”. If so, the agency must then prepare a “consistency determination” to show the activity is consistent with the state’s coastal management plan.

Examples of Federal Activities
Activities by or for a federal agency that may trigger a coastal effects review include:

• Management: Adopting a management plan for a wildlife sanctuary.
• Construction: Building nearshore facilities or other structures.
• Dredging: Creating or expanding channels.
• Military: Activities related to military facilities.
• Offshore: Projects involving offshore oil, gas, and mineral development.

The Consistency Determination Process
The process for ensuring federal activities align with state coastal policies involves several key steps outlined under the U.S. Coastal Zone Management Act (CZMA):
1. Determine Effects
The federal agency first determines if the activity has reasonably foreseeable effects on any land or water use or natural resource in the coastal zone. This includes both direct and indirect effects.

2. Prepare Consistency Determination
If effects are foreseeable, the agency prepares a determination describing the activity and how it is consistent with the state’s enforceable policies.

3. State Review
The responsible state agency has a set period (e.g., 60 days) to review the determination and either concur with or object to it in writing.

4. State Concurrence or Objection
If the state concurs, the activity can proceed. If the state objects, the activity cannot proceed unless the federal agency provides a legal basis for proceeding or the objection is overridden by the Secretary of Commerce.

For detailed guidance and resources on the federal consistency process, visit the NOAA Office for Coastal Management.

FOR IMMEDIATE RELEASE – February 24, 2026

February 25, 2026 No Comments

Notice of Intent: The Bureau of Statistics and Plans is announcing its intent to employ Ms. Celia J. Anderson, Associate Economist at the salary of $46,978.00 per annum at step 02, pay grade L. This announcement is in compliance with 4GCA, sections 6205 and 6303.l(a), Transparency and Disclosure requirements, which involves posting the “petition” for the Above Step Recruitment on the appropriate website(s) as well as notifying all major print and radio news media. Public Law 38-82, requires the department to posting the “petition” on the Guam Public Notices Portal and transmit to the Speaker of I’Liheslaturan Guahan at least 10 days before the applicant is hired. Anyone with questions can contact the Bureau’s Administrative Services Officer, Mr. Terry L. Cuabo at 475-9677 or by email at terry.cuabo@bsp.guam.gov.

Public Comment Period: FC No. 2025-0028: Department of the Navy’s (DON) Consistency Determination for its proposed Fiscal Year (FY) 2025 Marine Corps Base Camp Blaz and Andersen Air Force Base Projects J-017-V, P-104, and P-320

October 9, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/, and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before November 7, 2025, by 5:00 pm. The project applications are available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-472-4201. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

Public Comment Period-FC No. 2025-0026 – National Oceanic and Atmospheric Administration’s National Marine Fisheries Service for its Proposed Regulatory Amendment to Implement Crew Training Requirement for Longline Fisheries Under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region

September 12, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/ and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before October 13, 2025 by 5:00pm. The project packet is available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

Public Comment Period – FC No. 2025-0024- National Oceanic and Atmospheric Administration’s (NOAA) Marine Debris Program Consistency Determination for its Proposed Port Authority of Guam Harbor Restoration and Resilience Initiative (PAGHRRI) Project

August 27, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/, and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before September 25, 2025, by 5:00 pm. The project packet is available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner, at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

Public Comment Period – FC No. 2025-0020-National Oceanic and Atmospheric Administration’s National Marine Fisheries Service for its Proposed Modification of Federal Annual Catch Limit and Accountability Measures for Guam Bottomfish Management Unit Species

August 8, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/ and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before September 5, 2025 by 5:00pm. The project packet is available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

RFP-BSP-2025-002 – Professional Services for an Environmental and Natural Resources Law Attorney

July 14, 2025 No Comments

Proposal No.: RFP-BSP-2025-002 – Professional Services for an Environmental and Natural Resources Law Attorney Hard Copies will be available starting July 15, 2025, through July 28, 2025, at the Bureau of Statistics and Plans’ main office located at the Office of the Governor, 513 West Marine Corps Drive, Ricardo J. Bordallo Complex, Hagåtña, Guam 96910. To register your company and request for an electronic copy of the RFP: Email the following required information to Natasha Taitague at natasha.taitague@bsp.guam.gov Subject Line: Request for Copy RFP-BSP-2025-002 Full Name of the Offeror or Company Name Authorized Representative Name and Title for the RFP Email Address Telephone Number Fax Number Upon successful registration, an electronic copy of RFP-BSP-2025-002 will be sent to you.

News: Guam Coastal Management Program Launches First Southern “Backyard Buoy” to Enhance Ocean Safety and Coastal Monitoring

July 14, 2025 No Comments

FOR IMMEDIATE RELEASE July 9, 2025 Guam Coastal Management Program Launches First Southern “Backyard Buoy” to Enhance Ocean Safety and Coastal Monitoring Hagatña, Guam – In a major step toward improving ocean safety and climate resilience, the Bureau of Statistics and Plans, Guam Coastal Management Program (GCMP) has deployed the first of two community-informed Backyard Buoys off the island’s southwestern coastline. The first wave-monitoring device, deployed off the coast of Hågat, will deliver real-time ocean data to benefit fishers, boaters, scientists, and coastal planners. The second southern Backyard Buoy is scheduled to be deployed at the end of July near the entrance of the Cocos Lagoon. The buoys, about the size of a basketball and colored bright yellow for visibility, were provided through a partnership with the Pacific Islands Ocean Observing System (PacIOOS). Designed for nearshore use, they transmit wave height, direction, period, and water temperature data to online and mobile platforms accessible to the public. “This project brings technology closer to the people,” said Camille Quichocho, Biologist with GCMP. “From boaters and fishers to engineers, everyone gains from having access to timely, reliable ocean data—especially in areas where it’s never been available before.” The buoy locations were selected following public meetings and surveys with local ocean users, who emphasized the importance of safety and usability. As a result, the original deployment site near Facpi Island was adjusted to avoid boating routes, ensuring the technology supports rather than disrupts local activity. “Real‑time wave and temperature data turn guesswork into informed decisions,” said Edwin Reyes, Administrator of GCMP. “This isn’t just about buoys in the water—it’s about safety, productivity, and resilient coastal management.” Beyond immediate benefits to Guam’s maritime communities, the Backyard Buoys are a game-changer for scientific monitoring. The southwestern coast of the island has experienced significant erosion, but the lack of high-resolution wave data has hindered the development of effective coastal protection strategies. Engineers can now use this data to model erosion and design adaptive, nature-based solutions. The buoys also contribute to coral reef conservation by tracking changes in sea temperature that influence coral bleaching events. This deployment was achieved without direct funding to GCMP, made possible instead by leveraging a National Science Foundation grant secured by PacIOOS and advisory support from the Washington State Department of Ecology. The Guam Department of Agriculture’s Division of Aquatic and Wildlife Resources (DAWR) and the Guam Police Department (GPD) generously assisted with planning, vessel support, and logistics for the deployment. Community volunteers are encouraged to participate in buoy maintenance, including removing biofouling from the buoy’s solar panels, which helps keep the equipment operational. Data is free to access and now live via: Backyard Buoys Web App Backyard Buoys Mobile App Backyard Buoys Dashboard (requires a free account) To explore the data or learn more, contact GCMP Biologist Camille Quichocho at camille.quichocho@bsp.guam.gov or call 671-475-9664. Camille Quichocho, Biologist with the Guam Coastal Management Program, prepares to launch the first Southern Backyard Buoy off the coast of Hågat. (Photo by the Guam Coastal Management Program). Guam Department of Agriculture’s Division of Aquatic and Wildlife Resources (DAWR) assisted with vessel support and logistics for the deployment. (Photo by the Guam Coastal Management Program). The first Southern “Backyard Buoy” is deployed in Hågat with Facpi Island visible in the background. (Photo by the Guam Coastal Management Program). Media Contact: Edwin Reyes, Administrator Guam Coastal Management Program Email: edwin.reyes@bsp.guam.gov Phone: (671) 475-9661

Public Comment Period – FC No. 2025-0016- Department of the Army U.S. Army Corps of Engineers, Honolulu District Consistency Determination for Proposed Nationwide Permits (NWPs) Reissuance

June 27, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/, and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before July 25, 2025, by 5:00 pm. The project applications are available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

Public Comment Period – FC No. 2025-0013 – DAWSON’s Consistency Determination for National Oceanic Atmospheric Administration’s (NOAA) Marine Debris Monitoring and Assessment Project (MDMAP) Nationwide Survey

May 28, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/ and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before June 26, 2025, by 5:00 pm. The project applications are available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

Public Comment Period – FC No. 2025-0007- Fish Eye Marine Ventures, Inc. for its Proposed Seawalker Tours project in Piti

May 22, 2025 No Comments

Public notices may be viewed at bsp.guam.gov/federal-consistency-2/ and written comments may be submitted to the Guam Coastal Management Program Office, Ricardo J. Bordallo Governor’s Complex, Hagåtña, Guam 96910. Comments must be received on or before June 20, 2025, by 5:00pm. The project applications are available for review at the Guam Coastal Management Program office. For an appointment, please contact Ms. Esther Taitague, Federal Activities Planner at 671-475-9673. Comments may be submitted electronically via email to esther.taitague@bsp.guam.gov. For questions regarding GCMP, please contact Mr. Edwin Reyes, Administrator, at 671-475-9672 or edwin.reyes@bsp.guam.gov.

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 the 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

FEDERALLY LICENSED OR PERMITTED ACTIVITIES

A federal approval is any authorization, certification, approval, license, permit, or other form of permission that any federal agency is empowered to issue to an applicant. Examples include US 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.

Federal Consistency Compliance Training

The Guam Coastal Management Program (GCMP) conducts Federal Consistency Compliance Training to strengthen understanding and coordination among local and federal agencies, as well as private sector partners.

Under the Coastal Zone Management Act (CZMA), all federal actions that may affect Guam’s coastal zone—such as federal activities, permits, and financial assistance—must be consistent with GCMP’s enforceable policies.

This training provides an overview of CZMA Federal Consistency requirements, real-world case studies, and interactive discussions led by experts from the National Oceanic and Atmospheric Administration (NOAA). Participants will learn how to assess coastal effects, apply policy in decision-making, and build stronger interagency collaboration.

The program continues to serve as a valuable platform for improving coordination, increasing knowledge, and promoting responsible coastal management across Guam’s government and community partners. For more information on Federal Consistency training, please contact Esther Taitague at esther.taitague@bsp.guam.gov or call 671-475-9673.