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 506.43 - Council Hearing to Review Outer Continental Shelf Plan

Universal Citation: 31 TX Admin Code ยง 506.43

Current through Reg. 49, No. 38; September 20, 2024

(a) Following referral of part of an OCS plan, the council shall consider the public comments received, the relevant CMP goals and policies, information submitted by the federal agency or applicant, and other relevant information and determine whether any part of the OCS plan relating to federal agency actions required to authorize proposed activities described in detail in the OCS plan is consistent with the CMP goals and policies within 90 days of the date the council secretary received the consistency certification.

(b) The council secretary shall, by certified mail or hand delivery, provide notice of the hearing at which the council will review a part of the OCS plan to the person submitting the OCS plan, the secretary of the interior, and the assistant administrator.

(c) If the council decides to object to a consistency certification, the council shall notify the person submitting the plan, the secretary of the interior, and the assistant administrator. The affirmative vote of two-thirds of the council members is required to object to a consistency certification.

(d) The council's objection shall include:

(1) a description of how the activity requiring the federal action described in the OCS plan will be inconsistent with the CMP goals and policies;

(2) a description of any available alternative measures that would permit the activity requiring the federal action to be conducted in a manner consistent with the CMP;

(3) in cases where the council objects on the grounds of insufficient information, a description of the nature of the information requested and the necessity of having such information to determine the consistency with the CMP of the federal action authorizing the activity described in the OCS plan; and

(4) a statement informing the person submitting the plan of a right of appeal to the secretary of commerce on the grounds that the federal action authorizing the activity described in the OCS plan will be consistent with the objectives or purposes of the CZMA or is necessary in the interest of national security as provided in the Code of Federal Regulations, Title 15, Part 930, Subpart H, §§930.120 et seq.

(e) If the council objects to a consistency certification related to a federal action authorizing an activity described in detail in an OCS plan, the federal agency shall not take the federal action when it is proposed, except as provided in the appeals process established in the Code of Federal Regulations, Title 15, Part 930, Subpart H, §§930.120 et seq.

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