Section 506.40 - Consistency Certifications for Outer Continental Shelf Plans(a) Upon submission to the secretary of the interior or designee of an OCS plan, which must include a detailed description of the proposed activities which will require federal actions subject to federal consistency review, the person submitting the plan shall provide the council secretary with a copy of the plan along with a consistency certification that reads as follows: The proposed activities described in detail in this plan comply with Texas' approved coastal management program and will be conducted in a manner consistent with such program.(b) The person submitting the OCS plan shall include all of the following information in support of the consistency certification:(1) a detailed description of the proposed activities and their associated facilities which is adequate to permit an assessment of their probable effects on CNRAs. Maps, diagrams, technical data, and other relevant material must be submitted when a written description will not adequately describe the proposed activities;(2) a list identifying all federal, state, and local actions subject to the CMP and required for the proposed activities and their associated facilities;(3) a brief assessment relating the probable effects of the activities and their associated facilities on CNRAs to the relevant elements of the CMP; and(4) a brief set of findings, derived from the assessment, indicating that federal actions authorizing each of the proposed activities will be consistent with the CMP goals and policies. In considering whether such federal actions will be consistent with the CMP, associated facilities authorized under such actions and the effects of such associated facilities shall be considered.(c) The council strongly encourages persons submitting OCS plans to consolidate related federal licenses and permits that are not required to be described in detail in the plan but which are subject to council review. This consolidation will minimize duplication of effort and unnecessary delays by providing for council review of all licenses and permits relating to an OCS plan at the same time.(d) The chair or any three members of the council may request the person submitting the plan to submit additional information as provided in federal regulations. The chair or three members of the council have not notified the person submitting the plan within 15 days that additional information is required, the certification shall be considered complete for purposes of activating the time periods within which the council must act on the certification.31 Tex. Admin. Code § 506.40
The provisions of this §506.40 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676; Entire chapter transferred to be Title 31, Chapter 30 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022