Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 1 - GENERAL LAND OFFICE › Chapter 30 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 30.20 - Consistency Determinations for Federal Agency Activities and Development Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Review of a
				Consistency Determination. When reviewing a federal agency activity or
				development project 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 C.
(b)
				Required Information for a Consistency Determination. A federal agency
				considering the approval of a federal agency activity or development project
				listed in §
									30.12 of this chapter (relating to
				Federal Listed Activities Subject to CZMA Review) shall provide the GLO with a
				consistency determination that incorporates the information described in
				15 CFR §
										930.39 as early as practicable, but no later
				than 90 days prior to final approval of the activity. The consistency
				determination shall include a detailed description of the activity, its
				associated facilities, and their coastal effects, and comprehensive data and
				information sufficient to support the federal agency's consistency statement.
				The amount of detail in the evaluation of the enforceable policies, activity
				description and supporting information shall be commensurate with the expected
				coastal effects of the activity. The federal agency may submit the information
				in any manner it chooses, so long as the requirements of subpart C are
				satisfied as set out in 15 CFR in §930.39. Additionally, the consistency
				determination should include a brief statement indicating whether the proposed
				activity will be undertaken in a manner consistent to the maximum extent
				practicable with the enforceable policies of the CMP in accordance with
				15 CFR §
										930.39(a).
(c) Request for Information. GLO staff may
				request information from a federal agency if the federal agency provides an
				incomplete consistency determination, the GLO notifies the federal applicant in
				accordance with federal regulations of the incomplete submission, and the
				requested information is the type of information required for a consistency
				determination review as identified in
				15 CFR §
										930.39(a).
(d) NEPA or Other Project Documents. A
				federal agency may provide the GLO with information contained in NEPA documents
				or other project documents to provide some of the comprehensive data and
				information sufficient to support the federal agency's consistency
				determination under 15 CFR
				§
										930.39(a).
(e) Demonstration of Consistency. If a
				federal agency elects to rely on information contained in NEPA documents or
				other project documents to demonstrate consistency to the maximum extent
				practicable with the goals and enforceable policies of the CMP, the federal
				agency should demonstrate how the materials support a finding of consistency of
				the goals and enforceable policies of the CMP, in accordance with
				15 CFR §
										930.39(a). This section
				notes that a consistency determination embedded within a NEPA document should
				meet all of the information requirements of
				15 CFR §
										930.39(a), which can include
				a reference to the findings of the NEPA document. Federal agencies are not
				required to file applications for state and local permits and other
				authorizations, unless required to do so by provisions of federal law other
				than the CZMA. However, federal agencies are required to demonstrate that the
				proposed activity is consistent to the maximum extent practicable with the
				applicable state and local enforceable policies underlying the permits. Where
				the law authorizes or requires a federal agency to apply for state and local
				permits and other authorizations, the GLO will consider such applications when
				determining whether the federal activity or development project is consistent
				with the enforceable policies underlying the permit or authorization. See
				15 CFR §
										930.39(a).
(f) Public Participation. The GLO shall
				provide public participation consistent with the provisions of
				15 CFR §
										930.42. The GLO may also issue joint public
				notices with the federal agency involved. The GLO may extend the public comment
				period or schedule a public meeting on the consistency determination. Comments
				received in response to the public notice will be considered.
(g) Referral to Commissioner. To refer a
				matter to the commissioner for an elevated consistency review, at least three
				committee members must agree that a significant unresolved issue exists
				regarding consistency with the CMP goals and enforceable policies. At least
				three committee members must also submit in writing a letter or email addressed
				to the CMP coordinator that requests the matter at issue to be referred to the
				commissioner for an elevated consistency review. The referral letter or email
				should identify any enforceable policies that are unresolved and address any
				potential impacts to coastal natural resource areas.
(h) Commissioner Review. Following referral
				of a federal agency activity or development project to the commissioner for an
				elevated consistency 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 set out in 31 Texas Administrative Code Ch. 26;
(3) information submitted by the federal
				agency or applicant; and
(4) other
				relevant information to determine whether the proposed action is consistent
				with the CMP goals and enforceable policies.