Federal Agency Activities Requiring Consistency Review (15 C.F.R. part 930, subpart C)

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Date last saved
11/9/2013

Federal Agency Activities Requiring Consistency Review (
15 C.F.R. part 930,
subpart C)


For all states, a Federal agency must provide the state with a consistency determination if the Federal agency activity affec
ts any coastal use or resource. This duty applies
regardless of
the activity’s location (inside or outside of the coastal zone) an
d regardless of
whether or not the state has listed that activity. Thus, although some states have listed
Federal agency activities to help facilitate coordination, a Federal agency’s duty to submit a consistency determination is n
ot limited to those list
ed activities.


State


OCS
-
specific Listing
1

Alabama



No OCS
-
specific listing. General listings:

o

Activities affecting water quality or quantity

o

Transport of hazardous substances

o

Other activities that could affect coastal resources due to their size,
location, or manner of construction

o

Property acquisition or disposal within the coastal area

o

Discharge of wastes into the air or waters of the coastal area

o

Road construction within the coastal area

o

Disposition, design, construction, alteration or maintenan
ce of any facilities on lands located within the coastal area

o

Programs related to management of coastal resources

Florida



No OCS
-
specific listing. General listing:

o

Federal development projects and activities of federal agencies which significantly affect

coastal waters and the adjacent shorelands of the state

Georgia



Oil and gas leasing on the Outer Continental Shelf



OCS lease sales in the Atlantic Ocean



Offshore sand mining and mineral leases

Louisiana



Outer continental shelf activities adjacent to the

coastal zone which are not subject to consistency review under other provision
s

of Section 307 of the CZMA

Maryland



OCS leases and pre
-
lease activities

Mississippi



Proposed Bureau of Land Management

(now Bureau of Ocean Energy Management)

OCS lease sales, including pre
-
lease sale activities

North Carolina



No OCS
-
specific listing. General listings:

o

All actions occurring within or adjacent to areas of environmental concern (AECs occur within the coastal zone).

o

All purchases, sales or lease
s of Federal real property above 20 acres in size (within the coastal zone).

o

Construction of major facilities (20 acres disturbed or 60,000 square feet) significantly affecting the coastal zone.

o

Federal development projects occurring in or significantly af
fecting the coastal zone (e.g., Erosion Control, Flood Control ad Navigation Projects).

o

All actions of regional or interstate significance.

o

Activities on Federal property that result in significant impacts on the coastal zone.

South Carolina



OCS pre
-
lease

sale activities

Texas



OCS lease sales within the western and central
2

Gulf of Mexico under 43 U.S.C. Annotated, § 1337

Virginia



No OCS
-
specific listing




1

For CZMA purposes, the BOEM Gulf of Mexico Region continues to use the historic agency planning area boundaries even though t
hey were superseded by revised administrative program boundaries for OCS Lease Sales.

2

The OCSLA refers to the Western Gulf of Mexico and Eastern Gulf of Mexico, but not Central Gulf of Mexico. For NEPA purposes
, BOEM uses Western, Central, and Eastern Planning Area Boundaries. BOEM and the Gulf
states have always interpreted references t
o the Central

Gulf of Mexico to mean the Central Planning Area.














Date last saved
11/9/2013


Federal Licenses, Permits and Approvals Requiring Consistency Review (
15 C.F.R. part 930,
subparts
D and E)
3


This table only captures listed activities that fall under BOEM’s authority. States have additional listed activities
that fall
under

the authority of other Federal agencies
, which

may trigger
consistency review regardless of the listing
s

in th
is table.

Therefore, an applicant should consult with the appropriate state(s) to determine if its activity is subject to consistency r
eview.


State

Geographic
Location
Description
(GLD)

Oil and Gas

Renewable
Energy
4

Sand and
Gravel
(subpart d)
5

G&G
Seismic
6

30 CFR 251

G&G Seismic

30 CFR 280

(Sand and
Gravel)
7

NEPA
8

is
Necessary Data
& Information

15 CFR 930.58

Alabama

No

15 CFR 930, Subpart D



Permits and licenses required for all offshore activities related to mining and oil and
gas operations. 33
U.S.C. §§ 181, et seq.

15 CFR 930, Subpart E



Activities described in detail in any plan for the exploration of, or development of,
or production from, any area leased under the Outer Continental Shelf Lands Act

No

No

No

No

No
9

Florida

No

15 CFR 930, Subpart D



Permits and licenses required under numerous laws, including the OCS Lands Act,
43 U.S.C.
§§

1331 et seq., as amended, for drilling, mining, pipelines, geological
and geophysical activities, or rights
-
of
-
way on public lands

when suc
h activities are
in or seaward of the jurisdiction of local governments required to develop a coastal
zone protection element as provided in s. 380.24.

See
F.S. 380.23(3)(c)(7).

15 CFR 930, Subpart E



Permits and licenses for areas leased under the OCS

Lands Act, 43 U.S.C.
§§

1331
et seq., as amended, including leases and approvals

of exploration, development,
and production plans

No

No

Yes

No

Yes
10

Georgia

No

15 CFR 930, Subpart E



Outer Continental Shelf (OCS) activities (including pipeline
activities) described in
detail in OCS plans that affect coastal resource areas

No

No

No

No

No




3

Gulf states have issued
some
general concurrences that allow minor activities to proceed without the state’s prior consistency review. The general concur
rences are embedded into the
Notic
e to Lessees and Operators.

4

A state cannot review renewable energy permits, plans, or other approvals by
BOEM
until the state has an approved GLD
, or OCRM approves a state’s unlisted activity request on a case
-
by
-
case basis (15 C.F.R. § 930.54)
.

5

A st
ate cannot review sand and gravel permits, plans, or other approvals by BOEM until the state has an approved GLD, or OCRM app
roves a state’s unlisted activity request on a case
-
by
-
case basis (15 C.F.R. § 930.54).

6

Many G&G ancillary seismic activities u
nder 30 C.F.R. § 250 require the preparation of an OCS plan, which would be reviewed pursuant to 15 C.F.R. part 930, subpart
E. See the “
Frequently Asked Questions for Ancillary
Activities
” document (
http://www.gomr.boemre.gov/homepg/plans/Ancillary
-
Activities
-
FAQ.pdf
) for a list of activities that require the preparation of an OCS plan.

7

See footnote
5
.

8

A NEPA docume
nt cannot be necessary data and information when a statute establishes a specific timeframe for the completion of a NEPA docu
ment
. The one exception, however, is when OCRM has approved a NEPA document
as necessary data and information and BOEM prepares an

EIS for a development and production plan (DPP).
See

30 C.F.R.

§ 250.204

(
http://www.boemre.gov/federalregister/PDFs/AC42CZM.pdf
).


9

OCRM did not approve sections 335
-
8
-
1
-
.09 (l)(b)
-
(d) and (2)(a)
-
(c), which refer to NEPA

as necessary data and information
, in April 2011. The state will be resubmitting these sections with revisions soon.


10

For DPPs in the Eastern Gulf of Mexico, only the draft EIS is considered necessary data and in
formation.













Date last saved
11/9/2013

Federal Licenses, Permits and Approvals Requiring Consistency Review (
15 C.F.R. part 930,
subparts
D and E)
3


This table only captures listed activities that fall under BOEM’s authority. States have additional listed activities
that fall
under

the authority of other Federal agencies
, which

may trigger
consistency review regardless of the listing
s

in th
is table.

Therefore, an applicant should consult with the appropriate state(s) to determine if its activity is subject to consistency r
eview.


State

Geographic
Location
Description
(GLD)

Oil and Gas

Renewable
Energy
4

Sand and
Gravel
(subpart d)
5

G&G
Seismic
6

30 CFR 251

G&G Seismic

30 CFR 280

(Sand and
Gravel)
7

NEPA
8

is
Necessary Data
& Information

15 CFR 930.58

Louisiana

No

15 CFR 930, Subpart D



Permits required for offshore drilling, pipeline corridors, and associated activities
pursuant to the OCS Lands Act (43 USC
1334) and 43 USC 931(c) and 20 USC 185



Permits to drill, rights
-
use and easements for construction and maintenance of
pipeline gathering and flow lines and associated structures under 43 USC 1334



Permits for activities within other lands managed by the
Department of the Interior

15 CFR 930, Subpart E



Plans for exploration, development, and production of OCS gas and oil (Review
pursuant to Section 307 (c)(3)(B) of the CZMA)

No

No

No

No

No

Maryland

No

15 CFR 930, Subpart D



Approval of OCS pipeline
corridor rights
-
of
-
way (43 U.S.C. 931(c), 20 U.S.C. 185,
also OCS Lands Act Section 5, 43 U.S.C. 1334)



Permit to drill (43 U.S.C. 1334)



Rights
-
of
-
use and easements for construction and maintenance of pipelines and
associated structures (43 U.S.C. 1334)



Rights
-
of
-
use and easements for construction of maintenance of gathering and flow
lines (43 U.S.C. 1334)



Licenses and permits for activities related to OCS exploration, development, or
production which may not
be described in the OCS Plan

15 CFR 930, Subp
art E



License and permit activities which are described in detail in a plan for the
exploration, development, or production on the OCS

No

No

No

No

No

Mississippi

No

15 CFR 930, Subpart D



Permits and licenses required for mining of public lands and
pipeline corridors
pursuant to the OCS Lands Act, if such permits and licenses have not been
previously reviewed under an OCS plan

15 CFR 930, Subpart E



Permits to drill, rights of use and easements for construction and maintenance of
pipelines, gathering
and flow lines, and associated structures, described in detail in
OCS Plans

No

No

No

No

No













Date last saved
11/9/2013

Federal Licenses, Permits and Approvals Requiring Consistency Review (
15 C.F.R. part 930,
subparts
D and E)
3


This table only captures listed activities that fall under BOEM’s authority. States have additional listed activities
that fall
under

the authority of other Federal agencies
, which

may trigger
consistency review regardless of the listing
s

in th
is table.

Therefore, an applicant should consult with the appropriate state(s) to determine if its activity is subject to consistency r
eview.


State

Geographic
Location
Description
(GLD)

Oil and Gas

Renewable
Energy
4

Sand and
Gravel
(subpart d)
5

G&G
Seismic
6

30 CFR 251

G&G Seismic

30 CFR 280

(Sand and
Gravel)
7

NEPA
8

is
Necessary Data
& Information

15 CFR 930.58

North
Carolina

No

15 CFR 930, Subpart D



Permits required for off
-
shore drilling



Approval of OCS pipeline corridor rights
-
of
-
way

No

No

No

No

No

South
Carolina

No

15 CFR 930, Subpart D



Permits related to geological and geophysical exploration



Permits related to the siting, design and construction of common carrier pipelines
required respectively by the Bureau of Land Management in the Dept. of Interior
and the Mater
ials Bureau in the Dept. of Transportation



Permits related to drilling and the siting, design and construction of flow and
gathering lines required by the Geological Survey in the Dept. of Interior (involve
activities described in detail within OCS plans)

15 CFR 930, Subpart E



License or permit activities described in detail within an OCS plan

No

No

Yes

No

No

Texas

No


15 CFR 930, Subpart D



Rights
-
of
-
way under §5(e) of the OCSLA, 43 USC § 1334 (e), in OCS waters



Permits under § 11 of the OCSLA, 43 USC
§1340, in OCS waters

15 CFR 930, Subpart E



Federal agency actions described in detail in OCS plans, including pipeline
activities, that may adversely affect CNRAs (Coastal Natural Resource Area)

No

No

Yes

No

No

Virginia

No

15 CFR 930, Subpart D



Permits
for pipeline rights
-
of
-
way for oil and gas transmission on the OCS

15 CFR 930, Subpart E



OCS plans and all associated license and permits for
activities
described in detail in
such plans

No

No

No

No

Yes