31 Tex. Admin. Code § 30.40 - Consistency Certifications for Outer Continental Shelf (OCS) Exploration, Development, and Production Activities
(a) Review
of a Consistency Certification for an OCS Plan. When reviewing an OCS plan for
consistency with the goals and enforceable policies of the CMP, the GLO shall
follow the requirements and procedures provided in 15 CFR Part 930, subpart E
and 43 USC §§
1331-1356(a). The
federal regulations, 15 CFR Part 930, subpart E, provide that OCS plans
submitted to the U.S. Secretary of the Interior for OCS exploration,
development and production, and all associated federal licenses and permits
described in detail in such OCS plans, shall be subject to federal consistency
review.
(b) Consistency
Certification. Any person, as defined at
15 CFR §
930.72, submitting any OCS plan to the
Secretary of the Interior or designee shall provide a copy of the plan along
with a consistency certification that states as follows: "The proposed
activities described in detail in this plan comply with Texas' approved coastal
management program and will be conducted in a manner consistent with the
program." The Secretary of the Interior or designee shall provide the plan and
consistency certification to the GLO. See
15 CFR §
930.76.
(c) Request for Information. The GLO's six
(6) month review period on a consistency certification for an OCS plan begins
on the date the GLO receives the information required at
15 CFR §
930.76, and all the necessary data and
information required at 15
CFR §
930.58(a). Pursuant to
15 CFR §
930.60(a), within thirty
(30) days of an incomplete submission, the GLO shall inform the person
submitting the OCS plan that the GLO six (6) month review period will commence
on the date of receipt of the missing consistency certification or necessary
data and information. The GLO may waive the requirement that all necessary data
and information described in 15 CFR §
930.58(a) be submitted
before commencement of the State agency's six (6) month consistency review. In
the event of such a waiver, the requirements of
15 CFR §
930.58(a) must be satisfied
prior to the end of the six (6) month consistency review period or the GLO may
object to the consistency certification for insufficient information.
(d) Consolidation of Related Authorizations.
The GLO encourages persons submitting OCS plans to consolidate related federal
licenses and permits that are not required to be described in detail in the
plan but which are subject to GLO review. This consolidation will minimize
duplication of effort and unnecessary delays by providing for review of all
licenses and permits relating to an OCS plan at the same time. See
15 CFR §
930.81.
(e) Public Participation. The GLO shall
provide for public participation consistent with the provisions of
15 CFR §
930.77. After the close of the public comment
period on the OCS plan's consistency certification, the GLO will consider
comments received in response to the public notice. The GLO may extend the
public comment period or schedule a public meeting on the consistency
certification.
(f) Referral to
Commissioner. If three committee members agree there is a significant
unresolved issue regarding the OCS Plan's consistency with the CMP goals and
enforceable policies relating to any part of the OCS plan, the matter may be
referred to the commissioner for an elevated consistency review. To refer the
matter to the commissioner, three committee members must submit the request for
referral to the CMP coordinator in writing. The CMP coordinator will
immediately notify the committee members, applicant, federal agency, and other
affected parties that the matter has been elevated for commissioner review. The
referral letter or email should identify any enforceable policies that are
unresolved and address any potential impacts.
(g) Commissioner Review. The commissioner
shall review any part of an OCS plan relating to federal agency actions
required to authorize proposed activities described in detail in the OCS plan
which any three committee members agree presents a significant unresolved issue
regarding consistency with the CMP goals and enforceable policies. Following
referral for review, the commissioner shall consider:
(1) oral or written testimony received during
the comment period. The commissioner may reasonably limit the length and format
of the testimony and the time at which it may be received;
(2) applicable CMP goals and enforceable
policies;
(3) information submitted
by the federal agency or person; and
(4) other relevant information to determine
whether the proposed action is consistent with the CMP goals and enforceable
policies.
(h) Review
Period. If the GLO has not issued a decision with respect to a matter referred
under the provisions of this section, within three (3) months from the date
when the GLO received the administratively complete consistency certification,
then the GLO staff shall notify the person submitting the plan, the Secretary
of the Interior, and the OCM Director of the status of the review and the basis
for further delay. See 15
CFR §
930.78. The GLO's review period is up
to six (6) months but a concurrence may be presumed at three (3) months if GLO
has taken no action.
(i)
Presumption of Concurrence. If GLO does not act on an OCS plan within three (3)
months of the date when the GLO receives an administratively complete
consistency certification, then the GLO's concurrence with the consistency
certification shall be conclusively presumed. See
15 CFR §
930.78. If the GLO provides a status of
review letter within three (3) months and continues its review, a concurrence
may be presumed at six (6) months. If the GLO issues a concurrence or
concurrence is conclusively presumed, then the person submitting the plan shall
not be required to submit additional consistency certifications to the GLO for
the individual federal authorizations that will be required to authorize the
activities described in detail in the OCS plan as set out in
15 CFR §
930.79.
(j) Commissioner Objection. If the
commissioner objects to a consistency certification related to a federal
license or permit activity authorizing an activity described in detail in an
OCS plan, the federal agency shall not act on the federal action when it is
proposed, except as provided in the appeals process established in the
15 CFR §§
930.120 et seq. The contents of the
commissioner's objection will conform to the requirements set out in
15 CFR §
930.79 and will notify the person of its
appeal rights to the U.S. Secretary of Commerce.
Notes
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