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 506.45 - Failure to Comply Substantially with an Approved OCS Plan

(a) The Department of the Interior and the council shall cooperate in their efforts to monitor federally licensed or permitted activities described in detail in OCS plans to make certain that such activities continue to conform to both federal and state requirements.

(b) If the council claims that a person is failing to comply substantially with an approved OCS plan subject to the requirements of the Code of Federal Regulations, Title 15, Part 930, Subpart E, §§930.70 - 930.85, and such failure allegedly involves the conduct of activities affecting any coastal use or resource in a manner that is not consistent with the CMP, the council shall transmit its claim to the Minerals Management Service. Such claim shall include: a description of the specific activity involved and the alleged lack of compliance with the OCS plan, and a request for appropriate remedial action. A copy of the claim shall be sent to the person.

(c) If the Director finds that the person is failing to comply substantially with the OCS plan, the person shall submit an amended or new OCS plan along with a consistency certification and supporting information to the Secretary of the Interior or designee and to the council. Following such a finding by the Director, the person shall comply with the originally approved OCS plan, or with interim orders issued jointly by the Director and the Minerals Management Service, pending approval of the amended or new OCS plan. The requirements of the Code of Federal Regulations, Title 15, Part 930, Subpart E, §930.82 (relating to Amended OCS Plans), §930.83 (relating to Review of Amended OCS Plans), and §930.84 (relating to Continuing State Agency Objections) shall apply to further council review of the consistency certification for the amended or new OCS plan.

(d) A person shall be found to have failed to comply substantially with an approved OCS plan if the council claims and the Director finds that one or more of the activities described in detail in the OCS plan which affects any coastal use or resource are being conducted or are having an effect on any coastal use or resource substantially different than originally described by the person in the OCS plan or accompanying information and, as a result, the activities are no longer being conducted in a manner consistent with the CMP. The Director may make a finding that a person has failed to comply substantially with an approved OCS plan only after providing a reasonable opportunity for the person and the Secretary of the Interior to review the council's objection and to submit comments for the Director's consideration.