30 C.F.R. § 250.270   What decisions will MMS make on the DPP or DOCD and within what timeframe?


Title 30 - Mineral Resources


Title 30: Mineral Resources
PART 250—OIL AND GAS AND SULPHUR OPERATIONS IN THE OUTER CONTINENTAL SHELF
Subpart B—Plans and Information
Review and Decision Process for the DPP or DOCD

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§ 250.270   What decisions will MMS make on the DPP or DOCD and within what timeframe?

(a) Timeframe. The Regional Supervisor will act on your deemed-submitted DPP or DOCD as follows:

(1) The Regional Supervisor will make a decision within 60 calendar days after the latest of the day that:

(i) The comment period provided in §267(a)(1), (a)(2), and (b) closes;

(ii) The final EIS for a DPP is released or adopted; or

(iii) The last amendment to your proposed DOCD is received by the Regional Supervisor.

(2) Notwithstanding paragraph (a)(1) of this section, MMS will not approve your DPP or DOCD until either:

(i) All affected States with approved CZMA programs concur, or have been conclusively presumed to concur, with your DPP or DOCD consistency certification under section 307(c)(3)(B)(i) and (ii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(i) and (ii)); or

(ii) The Secretary of Commerce has made a finding authorized by section 307(c)(3)(B)(iii) of the CZMA (16 U.S.C. 1456(c)(3)(B)(iii)) that each activity described in the DPP or DOCD is consistent with the objectives of the CZMA, or is otherwise necessary in the interest of national security.

(b) MMS decision. By the deadline in paragraph (a) of this section, the Regional Supervisor will take one of the following actions:

 ------------------------------------------------------------------------   The regional supervisor         will . . .                 If . . .           And then . . .------------------------------------------------------------------------(1) Approve your DPP or DOCD  It complies with all  The Regional                               applicable            Supervisor will                               requirements.         notify you in                                                     writing of the                                                     decision and may                                                     require you to meet                                                     certain conditions,                                                     including those to                                                     provide monitoring                                                     information.(2) Require you to modify     It fails to make      The Regional your proposed DPP or DOCD.    adequate provisions   Supervisor will                               for safety,           notify you in                               environmental         writing of the                               protection, or        decision and                               conservation of       describe the                               natural resources     modifications you                               or otherwise does     must make to your                               not comply with the   proposed DPP or                               lease, the Act, the   DOCD to ensure it                               regulations           complies with all                               prescribed under      applicable                               the Act, or other     requirements.                               Federal laws.(3) Disapprove your DPP or    Any of the reasons    (i) The Regional DOCD.                         in § 250.271     Supervisor will                               apply.                notify you in                                                     writing of the                                                     decision and                                                     describe the                                                     reason(s) for                                                     disapproving your                                                     DPP or DOCD; and                                                    (ii) MMS may cancel                                                     your lease and                                                     compensate you                                                     under 43 U.S.C.                                                     1351(h)(2)(C) and                                                     the implementing                                                     regulations in                                                     §§                                                     250.183, 250.184,                                                     and 250.185 and 30                                                     CFR 256.77.------------------------------------------------------------------------

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