[Federal Register Volume 67, Number 130 (Monday, July 8, 2002)]
[Notices]
[Page 45095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17036]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Coastal Zone Management: Federal Consistency Appeal by Collier 
Resources Company by an Objection by the State of Florida

AGENCY: National Oceanic and Atmospheric Administration.

ACTION: Dismissal of appeal.

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    On April 3, 2000, the Secretary of Commerce (Secretary) received a 
notice of appeal from Collier Resources Company (Appellant) pursuant to 
section 307(c)(3) (A) and (B) of the Coastal Zone Management Act of 
1972 (CZMA), as amended, 16 U.S.C. 1451 et seq. and the Department of 
Commerce's implementing regulations 15 CFR part 930, subpart H. The 
appeal was taken from an objection by the State of Florida to 
Appellant's consistency certification for a National Park Service 
approval of a Landing Strips Plan of Operations to conduct geophysical 
exploration of a portion of their mineral estate beneath the Big 
Cypress National Preserve.
    Appellant challenged Florida's CZMA objection on three procedural 
grounds: (1) Florida did not follow NOAA's regulations in listing the 
permits subject to CZMA consistency in its CMP and therefore, Appellant 
is not required to submit to CZMA consistency; (2) Florida's CZMA 
objection did not meet the requirements of NOAA's regulations; (3) 
Florida's CZMA objection is premature because Appellant had not 
submitted a consistency certification. Florida disputed all of 
Appellant's claims and, in addition, claimed that the Secretary of 
Commerce does not have authority under the CZMA to decide procedural 
matters such as those argued by Appellant.
    In his letter dismissing this matter for good cause, the Under 
Secretary found that the Secretary of Commerce has the authority, as a 
matter of law, to review consistency appeals for compliance with CZMA 
Federal consistency procedures and issue decisions prior to development 
or consideration of the substantive issues; that Florida has not 
properly listed the National Park Service oil and gas exploration 
approvals in its coastal management program; that a consistency 
certification is an essential part of the Federal consistency review 
process and without it Florida cannot issue a valid objection. The 
Under Secretary decided that Florida's objection was not valid and 
dismissed the appeal for good cause.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Gray Holt, Attorney-Adviser, 
Office of the Assistant General Counsel for Ocean Services, National 
Oceanic and Atmospheric Administration, U.S. Department of Commerce, 
1305 East-West Highway, Room 6111, Silver Spring, MD 20910, 301-713-
2967.

[Federal Domestic Assistance Catalog No. 11.419 Coastal Zone 
Management Program Assistance]

    Dated: June 24, 2002.
James R. Walpole,
General Counsel.
[FR Doc. 02-17036 Filed 7-5-02; 8:45 am]
BILLING CODE 3510-08-M