Page:United States Statutes at Large Volume 92 Part 1.djvu/715

 PUBLIC LAW 95-372—SEPT. 18, 1978

92 STAT. 661

"(e)(1) At least once the Secretary shall declare the approval of a development and production plan in any area or region (as defined by the Secretary) of the outer Continental Shelf, other than the Gulf of Mexico, to be a major Federal action. " (2) The Secretary may require lessees of tracts for which development and production plans have not been approved, to submit preliminary or final plans for their leases, prior to or immediately after a determination by the Secretary that the procedures under the 42 USC 4321 National Environmental Policy Act of 1969 sihall commence. "(f) If approval of a development and production plan is found note. to be a major Federal action, the Secretary shall transmit the draft Environmental statement environmental impact statement to the Governor of any affected State, impactavailability and upon request, to the executive of any local government, and shall draft, to public. make such draft available to any appropriate interstate regional entity and the public. " (g) If approval of a development and production plan is not found to be a major Federal action, the Governor of any affected State and the executive of any affected local government shall have sixty days from the date of receipt of the plan from the Secretary to submit comments and recommendations. Prior to submitting recommendations to the Secretary, the executive of any affected local government must forward his recommendations to the Governor of his State. Such comments and recommendations shall be made available to the public upon request. In addition, any interested person may submit comments and recommendations. " (h)(1) After reviewing the record of any public hearing held Public hearing. with respect to the approval of a plan pursuant to the National Environmental Policy Act of 1969 or the comments and recommendations 42 USC 4321 submitted under subsection (g) of this section, the Secretary shall, note. within sixty days after the release of the final environmental impact statement prepared pursuant to the National Environmental Policy Act of 1969 in accordance with subsection (e) of this section, or sixty days after the period provided for comment under subsection (g) of this section, approve, disapprove, or require modifications of the plan. 'jc •The Secretary shall require modification of a plan if he determines that the lessee has failed to make adequate provision in such plan for safe operations on the lease area or for protection of the human, marine, or coastal environment, including compliance with the regulations prescribed by the Secretary pursuant to paragraph (8) of section 5(a) of this Act. Any modification required by the Secretary which involves activities for which a Federal license or permit is required and which affects any land use or water use in the coastal zone of a State with a coastal zone management program approved pursuant to section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1455) must receive concurrence by such State with respect to the consistency certification accompanying such plan pursuant to section 307(c)(3)(B)(i) or (ii) of such Act unless the Secretary of Commerce makes the finding 16 USC 1456. authorized by section 307(c)(3)(B) (iii) of such Act. The Secretary Disapproval of plan. shall disapprove a plan— " (A) if the lessee fails to demonstrate that he can comply with the recjuirements of this Act or other applicable Federal law, including the regulations prescribed by the Secretary pursuant to paragraph (8) of section 5(a) of this Act; "(B) if any of the activities described in detail in the plan for which a Federal license or permit is required and which affects

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