Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002 Page: 579
529-656 p. ; 28 cm.View a full description of this periodical.
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Pursuant to Texas Government Code 2001.0225, a regulatory
analysis is not required for the proposed rulemaking as a "ma-
jor environmental rule." Under the Government Code, a "major
environmental rule" is a rule the specific intent of which is to pro-
tect the environment or reduce risks to human health from envi-
ronmental exposure and that may adversely affect, in a material
way, the economy, a sector of the economy, productivity, com-
petition, jobs, the environment, or the public health and safety
of the state or a sector of the state. A regulatory analysis is
required only when a major environmental rule exceeds a stan-
dard set by federal law, exceeds an express requirement of state
law, exceeds a requirement of a delegation agreement or con-
tract between the state and an agency or representative of the
federal government to implement a state or federal program, or
are adopted solely under the general powers of the Council. The
proposed rulemaking will not adversely affect, in a material way,
the economy, a sector of the economy, productivity, competition,
jobs, the environment, or the public health and safety of the state
or a sector of the state. The proposed rulemaking does not ex-
ceed a standard set by federal law, does not exceed an express
requirement of state law, does not exceed a requirement of a del-
egation agreement or contract between the state and an agency
or representative of the federal government to implement a state
or federal program, and is not adopted solely under the general
powers of the Council.
The General Land Office has assisted the Council in preparing
a takings impact assessment for this proposed rulemaking
pursuant to the Government Code, 2007.043, and the Private
Real Property Preservation Act Guidelines, 2.18, published
at 21 Tex.Reg. 387 (1996) and amended at 25 Tex.Reg.
8078 (2000). The proposed amendments and new sections
substantially advance the stated purposes of implementing the
changes to NOAA's federal consistency review regulations and
of ensuring that the Council has the opportunity to adequately
review applications for federal assistance for consistency.
The proposed amendments and new sections relate only to
procedures for federal consistency review and do not impose
any additional burdens or restriction on private real property.
Accordingly, the Land Office has determined that the rulemaking
will not result in the taking of private real property. To receive a
copy of the takings impact assessment, please send a written
request to Ms. Melinda Tracy, Texas Register Liaison, General
Land Office, P.O. Box 12873, Austin, Texas, 78711-2873,
melinda.tracy@glo.state.tx.us, facsimile (512) 463-6311.
Comments may be submitted to Ms. Melinda Tracy, Texas Regis-
ter Liaison, General Land Office, P.O. Box 12873, Austin, Texas,
78711-2873, melinda.tracy@glo.state.tx.us, facsimile (512) 463-
6311. In order to be considered, comments must be received by
no later than 30 days from the date of publication. A public hear-
ing on the proposed amendments and additions will be held upon
request.
This rulemaking is proposed under Texas Natural Resources
Code Chapter 33, 33.051, which authorizes the Council and
the Land Office to perform the duties provided in Subchapter
C; 33.052, which authorizes the Commissioner of the Gen-
eral Land Office to develop a continuing comprehensive CMP;
33.053, which sets out the elements of the CMP, including a de-
scription of the organizational structure for implementing and ad-
ministering the CMP; 33.054, which allows the commissioner to
review and amend the CMP; 33.055, which requires the Coun-
cil to hold public hearings, as deemed appropriate, to consider
amendments to the CMP; 933.204, which authorizes the Council
to adopt by rule goals and policies for the CMP; and 33.206(d)which authorizes the Council to adopt procedural rules for the
review of federal actions, activities and outer continental shelf
plans that incorporate provisions of federal regulations govern-
ing those reviews.
Texas Natural Resources Code 33.051, 33.052, 33.053,
33.054, 33.055, 33.204 and 33.206(d) are affected by this
rulemaking.
506.11. Definitions.
The following words, terms, and phrases, when used in this chapter,
shall have the following meanings, unless the context clearly indicates
otherwise.
(1) Administratively complete--A consistency determina-
tion 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 De-
velopment 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 corpora-
tion, partnership, association, or other entity organized or existing un-
der 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[ageney]--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 as-
sistance.
(4) Assistant administrator--The assistant administrator for
Coastal Zone Management, National Oceanic and Atmospheric Ad-
ministration, United States Department of Commerce.
(5) Associated facilities--All proposed facilities:
(A) which are specifically designed, located, con-
structed, operated, adapted, or otherwise used, in full or in major
part, to meet the needs of a federal action (e.g., activity, development
project, license, permit, or assistance); and
(B) without which the federal action, as proposed,
could not be conducted.
(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 jurisdic-
tion 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 Re-
sources 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.PROPOSED RULES January 25, 2002 27 TexReg 579
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Texas. Secretary of State. Texas Register, Volume 27, Number 4, Pages 529-656, January 25, 2002, periodical, January 25, 2002; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth113987/m1/50/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.