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 30.40 - Consistency Certifications for Outer Continental Shelf (OCS) Exploration, Development, and Production Activities

Current through Reg. 49, No. 28; July 12, 2024
(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.