CZMA - How Does Federal Consistency Affect the OCS Program?
OCS Lease Sales (oil, gas, sulphur, sand, gravel, and other minerals)
States can review OCS lease sales for Federal consistency because the lease sales can
affect land/water use or natural resources of the coastal zone. The MMS describes
how the sale is consistent “to the maximum extent practicable” with the
Program’s enforceable policies in a “consistency determination.” We
send a copy to each affected State for Federal consistency review. The State must
agree with or disagree with the consistency determination within a designated time period.
If the State agrees, we can hold the lease sale. If the State disagrees, it
must describe the inconsistency and any alternative measures that would allow the sale to
be consistent to the maximum extent practicable with the Program’s enforceable
policies. Generally, we try to resolve any differences with the State; however, CZMA
allows us to proceed with the lease sale notwithstanding any unresolved disagreements.
As well, the State and MMS can ask NOAA for mediation to work out differences.
OCS Plans
States can review OCS exploration and development and production plans (Plans) for
Federal consistency. The OCS lessee prepares a “consistency certification”
that is submitted to us when filing the proposed Plan. We send a copy of the Plan
and certification to the affected States’ coastal agency for Federal consistency
review and decision. Each State decides whether the Plan is consistent with
enforceable policies of its Program. The State must concur with or object to the
lessee’s consistency certification within a designated time period. If the
State does not meet the deadline, CZMA provisions render the Plan consistent
(“conclusively presumed”). If the State concurs, we can approve the plan
and the lessee can begin activities. If the State objects, we are prohibited from
approving the plan and (1) the lessee can appeal the State's decision to the Department of
Commerce or (2) the lessee can amend the plan and resubmit it to MMS for approval and to
the State for Federal consistency review.
OCS Permits (Geologic and Geophysical and Pipeline Right-of-Way)
States can review those OCS permits identified in its Program for Federal consistency.
If the State wants to review a permit that is not identified, it follows
NOAA’s procedures to ask permission to review and to add the permit to its Program.
The Federal consistency review process for permits is similar to the process for
OCS Plans. The State must concur with or object to the lessee’s consistency
certification within a designated time period. If the State does not meet the
deadline, CZMA provisions render the permit consistent (“conclusively
presumed”). If the State concurs, we can approve the permit and the lessee can
begin activities. If the State objects, we are prohibited from approving the permit
and (1) the lessee can appeal the State's decision to the Department of Commerce or (2)
the lessee can amend the proposed activities associated permit and resubmit it to MMS for
approval and to the State for Federal consistency review.
For more information, contact
Winston deMonsabert.
