What decisions will MMS make on the EP and within what timeframe?
(a) Timeframe. The Regional Supervisor will take one of the actions shown in the table in paragraph (b) of this section within 30 calendar days after the Regional Supervisor deems your EP submitted under § 250.231, or receives the last amendment to your proposed EP, whichever occurs later.
(b) MMS decision. By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:
The regionalsupervisor will . . .
If . . .
And then . . .
(1) Approve your EP
It complies with all applicable requirements
The Regional Supervisor will notify you in writing of the decision and may require you to meet certain conditions, including those to provide monitoring information.
(2) Require you to modify your proposed EP
The Regional Supervisor finds that it is inconsistent with the lease, the Act, the regulations prescribed under the Act, or other Federal laws
The Regional Supervisor will notify you in writing of the decision and describe the modifications you must make to your proposed EP to ensure it complies with all applicable requirements.
(3) Disapprove your EP
Your proposed activities would probably cause serious harm or damage to life (including fish or other aquatic life); property; any mineral (in areas leased or not leased); the national security or defense; or the marine, coastal, or human environment; and you cannot modify your proposed activities to avoid such condition(s)
(i) The Regional Supervisor will notify you in writing of the decision and describe the reason(s) for disapproving your EP.(ii) MMS may cancel your lease and compensate you under 43 U.S.C. 1334(a)(2)(C) and the implementing regulations in §§ 250.182, 250.184, and 250.185 and 30 CFR 256.77.
[70 FR 51501, Aug. 30, 2005, as amended at 74 FR 46908, Sept. 14, 2009]
Title 30 published on 2012-07-01
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