Texas Administrative Code
Title 31 - NATURAL RESOURCES AND CONSERVATION
Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE
Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES
Section 506.11 - Definitions

(1) Administratively complete--A consistency determination shall be determined to be administratively complete when the Council has received the information identified in §506.20 (relating to Consistency Determinations for Federal Agency Activities and Development Projects), §506.30 (relating to Consistency Certifications for Federal Agency Actions), and §506.40 (relating to Consistency Certifications for Outer Continental Shelf Plans).

(2) Applicant--Any individual, public or private corporation, partnership, association, or other entity organized or existing under the laws of any state, or any state, regional, or local government that, following management program approval, files an application for a federal agency action to conduct an activity affecting the coastal zone.

(3) Applicant entity--Any agency or subdivision or any related public entity such as a special purpose district, which, following federal CMP approval, submits an application for federal assistance.

(4) Assistant administrator--The assistant administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration, United States Department of Commerce.

(5) Associated facilities--All proposed facilities:

(6) CMP boundary--The CMP boundary established in § 503.1 of this title (relating to the Coastal Management Program Boundary).

(7) Coastal area--The geographic area comprising all the counties in Texas which have any tidewater shoreline, including that portion of the bed and water of the Gulf of Mexico within the jurisdiction of the State of Texas.

(8) 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 503 of this title (relating to Coastal Management Program Boundary).

(9) Consistency certification--The statement submitted by an applicant for a federal agency action subject to federal consistency review certifying that the proposed activity requiring the federal agency action is consistent with the CMP goals and policies.

(10) Consistency determination--The statement and supporting documentation submitted by a federal agency undertaking or planning a federal agency activity subject to federal consistency review certifying that the federal agency activity is consistent with the CMP goals and policies to the maximum extent practicable.

(11) Consistent to the maximum extent practicable--Being fully consistent with the CMP unless compliance is prohibited based upon the requirements of existing law.

(12) Director--Director of the Office of Ocean and Coastal Resource Management, National Ocean Service, National Oceanic and Atmospheric Administration.

(13) Federal agency action--A federal license or permit that a federal agency may issue that represents the proposed federal authorization, approval, or certification needed by the applicant to begin an activity. An action to renew, amend, or modify an existing license or permit shall not be considered an action subject to the CMP 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 policies in § 501.14 of this title (relating to Policies for Specific Activities and Coastal Natural Resource Areas).

(14) Federal agency activity--A function that is performed by or for a federal agency in the exercise of its statutory responsibility, including financial assistance, the planning, construction, modification, or removal of a public work, facility, or any other structure, and the acquisition, use, or disposal of land or water resources. The term does not include the issuance of a federal license or permit.

(15) Federal assistance--Assistance provided under a federal program to an applicant entity through grant or contractual arrangements, loans, subsidies, guarantees, insurance, or other forms of financial aid. Except as otherwise requested by the applicant entity, council review of federal assistance for consistency with the CMP goals and policies is limited to federal programmatic requirements for project level funding. Agency management decisions such as funding priorities and allocation of funds among various projects are not subject to review. For purposes of the review procedures in this chapter, the term includes only the transfer or commitment of funds from the federal agency directly to an applicant entity.

(16) Federal development project--A Federal activity involving the planning, construction, modification, or removal of public works, facilities, or other structures, and the acquisition, utilization, or disposal of land or water resources.

(17) Federal license or permit--Any authorization, certification, approval, or other form of permission which any federal agency is empowered to issue to an applicant.

(18) Interagency coordination team--For purposes of the general agreement in § 506.28 of this title (relating to General Consistency Agreements), a group established to review proposed federal development projects and whose duties include, among other things, advising on the consistency determination. Members of the team typically include, at a minimum, representatives of the local project sponsor and federal and state natural resource and regulatory agencies with jurisdiction over the project. The team seeks and promotes broad participation by local governments and coastal citizen groups.

(19) Outer continental shelf (OCS) plan--A plan for the exploration or development of, or production from, an area leased under the Outer Continental Shelf Lands Act (43 United States Code Annotated, §§1331-1356) and the rules adopted under that Act that is submitted to the secretary of the United States Department of the Interior after federal approval of the CMP.

(20) State single point of contact--The state single point of contact for the Texas Review and Comment System as defined by 1 TAC § 5.194(concerning Definitions).