Current through Reg. 49, No. 38; September 20, 2024
(a) At the earliest
practicable time, but in no event later than 90 days prior to final approval, a
federal agency considering the approval of a federal agency activity or
development project listed in §
506.12
of this title (relating to Federal Agency Actions, Federal Agency Activities,
Outer Continental Shelf Plans and Development Plans Subject to the Coastal
Management Program) shall provide the council secretary with a consistency
determination that includes the following information:
(1) a brief statement, based upon an
evaluation of the relevant CMP provisions, indicating whether or not the
proposed activity or development project will be undertaken in a manner
consistent with the CMP, to the maximum extent practicable; and
(2) a detailed description of the proposed
activity or development project and its associated facilities which is adequate
to permit an assessment of their probable effects on CNRAs, and comprehensive
data and information sufficient to support the federal agency's consistency
statement. The amount of detail in the statement evaluation, activity
description, and supporting information shall be commensurate with the expected
effects of the activity or development project on CNRAs. While federal agencies
must be consistent to the maximum extent practicable with the enforceable,
mandatory policies of the CMP, the agencies need only demonstrate adequate
consideration of policies which are in the nature of recommendations. Federal
agencies need not evaluate effects for which the CMP does not contain mandatory
or recommended policies.
(b) The chair or any three members of the
council may request the federal agency to provide additional information as
provided by federal regulations.
(c) For natural resource damage assessment
restoration plans that are prepared solely by federal natural resource
trustee(s), or are the product of a joint cooperative natural resource damage
assessment by state and federal trustees, the consistency determination shall
be made by the federal trustees and consistency review is delegated to the
state trustees (TCEQ, TPWD, and the GLO). The consistency determinations of the
federal trustee(s) and public notice of the determinations are encouraged to
occur concurrently with the federal trustees' process of complying with the
provisions of the National Environmental Policy Act, 42 United States Code
Annotated §§4321 - 4370d.
(1) Any
project implemented under a restoration plan determined to be consistent under
this subsection shall not be subject to further review under Chapter 505 of
this title (relating to Council Procedures for State Consistency with Coastal
Management Program Goals and Policies) and this chapter.
(2) Based on citizen input, the Council shall
develop a list of potential restoration projects by major estuary for
consideration by restoration planners. The federal trustees may choose for
consideration projects from the list when appropriate and when the projects
meet the statutory requirements for natural resource damage assessments.
Projects on the Council's list are deemed consistent with the goals and
policies of the CMP and shall not be subject to further review under Chapter
505 of this title and this chapter. When the federal trustees select a project
that is not on the list, the state trustees shall conduct consistency reviews
as provided in subsection (c) of this section.
(3) The state trustees shall give to the
Council regular reports on consistency reviews of restoration plans resulting
from natural resource damage assessments.
