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 30.11 - Definitions
Universal Citation: 31 TX Admin Code ยง 30.11
Current through Reg. 49, No. 38; September 20, 2024
(a) The following words, terms, and phrases, when used in this Chapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Associated facilities--All proposed facilities:
(A) which are specifically designed, located,
constructed, operated, adapted, or otherwise used, in full or in major part, to
meet the needs of a federal action (e.g., activity, development project,
license, permit, or assistance); and
(B) without which the federal action, as
proposed, could not be conducted. See
15 CFR §
930.11(d).
(2) Coastal Coordination
Act--Texas Natural Resources Code, Chapter 33, Subchapter F.
(3) Coastal Zone--The portion of the coastal
area located within the boundaries established by the CMP under Texas Natural
Resources Code, §
33.2053(k),
and described in Chapter 27 of this title (relating to Coastal Management
Program Boundary).
(4) CMP--Texas
Coastal Management Program, which was accepted into the federal Coastal Zone
Management Program in 1996 after receiving approval from the federal Office for
Coastal Management. The CMP was implemented on January 10, 1997 and
incorporates all federally approved amendments thereafter.
(5) CMP coordinator--The GLO Coastal
Resources staff member designated by the commissioner.
(6) CMP goals and enforceable policies--The
goals and policies set forth in Chapter 26 of this title.
(7) Commissioner--Commissioner of the
GLO.
(8) Committee--Coastal
Coordination Advisory Committee.
(9) CZMA--Federal Coastal Zone Management Act
of 1972, as amended.
(10)
Development project--Federal agency activity involving the planning,
construction, modification, or removal of public works, facilities, or other
structures, and includes the acquisition, use, or disposal of coastal use or
resource. See 15 CFR §
930.31(b).
(11) Director--Director of the Office for
Coastal Management (OCM), National Ocean Service, NOAA.
(12) Federal agency--Any department, agency,
board, commission, council, independent office or similar entity within the
executive branch of the federal government, or any wholly owned federal
government corporation. See 15 CFR §
930.11(j).
(13) Federal agency activity--Any functions
performed by or on behalf of a federal agency in the exercise of its statutory
responsibilities, including a range of activities where a Federal agency makes
a proposal for action initiating an activity or series of activities when
coastal effects are reasonably foreseeable, e.g., a Federal agency's proposal
to physically alter coastal resources, a plan that is used to direct future
agency actions, a proposed rulemaking that alters uses of the coastal zone. The
term does not include the issuance of a federal license or permit or the
granting of federal assistance to an applicant agency. See
15 CFR §
930.31(a).
(14) Federal assistance--Assistance provided
under a federal program to a state or local government applicant agency through
grant or contractual arrangements, loans, subsidies, guarantees, insurance, or
other form of financial aid. See
15 CFR §
930.91.
(15) Federal license or permit activity--An
activity proposed by a non-federal applicant that requires any federal license,
permit, or other authorization that an applicant is required by law to obtain
in order to conduct activities affecting any land or water use or natural
resource of the coastal zone and that any federal agency is empowered to issue
to an applicant. See 15 CFR
§
930.51(a). An action
to renew, amend, or modify an existing license or permit is not subject to
review under this Chapter if the action only extends the time period of the
existing authorization without authorizing new or additional work or
activities, would not increase pollutant loads to coastal waters or result in
relocation of a wastewater outfall to a critical area, or is not otherwise
directly relevant to the CMP enforceable policies in Chapter 26. See also,
15 CFR §
930.51(a).
(16) Outer continental shelf (OCS) plan--Any
plan for the exploration or development of, or production from, an area which
has been leased under the Outer Continental Shelf Lands Act (43 United States
Code Annotated, §§1331-1356), and the regulations under that Act,
which is submitted to the Secretary of the Interior or designee following
management program approval and which describes in detail activities federal
license or permit activities. See
15 CFR §
930.73.
(17) Program boundary--CMP program boundary
established in §
27.1 of this title (relating to
the Coastal Management Program Boundary).
(b) Any statutory or regulatory terms or phrases that are not defined in the Chapter retain the meaning provided for in the pertinent agency's regulations unless a different meaning is assigned in the applicable regulations under the CZMA.
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