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Federal Consistency

Federal Consistency Authority

One of the incentives for state participation in the Coastal Zone Management Act is the federal consistency authority. The authority includes a review process that coastal states with federally approved coastal programs undertake, every time a federal activity is proposed in that state's Coastal Zone. The review process is usually triggered under three circumstances; when the federal activity is proposed by a federal agency, when a federal permit is needed for a proposed project, or when a project receives federal assistance (e.g. funding). The process assists early coordination between the state and a federal agency planning an activity that may affect coastal resources and uses. Learn more about the federal consistency review process.

Where Does Federal Consistency Apply?

Federal consistency applies to any project that affects a coastal use or resource, whether inside or outside of the coastal zone boundary. However, there are specific rules that apply to areas outside of the coastal zone boundary. Areas outside of the coastal zone must be within a designated geographic location description (GLD).

Learn more about where the federal consistency review process applies and Oregon's only designated GLD regarding marine renewable energy.

Enforceable Policies of the Program

The Oregon Coastal Management Program (Program) is made up of 42 partners at the county and city level and 11 state agency partners. Each local entity has documents governing how they operate and guiding how they administer land use in their community. Each state agency has chapters of statutes guiding operations and helping them administer state law. These documents include comprehensive plans and land use regulations, state statutes, and statewide planning goals. DLCD incorporates the documents in their entirety into the Program.

Within the various statutes, goals, plans, and ordinances only certain elements meet the criteria to be used for federal consistency review. These special policies are called enforceable policies. A legal definition of enforceable policies is available in the federal regulations. See a list of the Program's enforceable policies.

Learn how to identify enforceable policies using this NOAA training module.

Information about the Jordan Cove Energy Project

DLCD has completed this federal consistency review as of February 19, 2020.

Notice of Appeal

On March 19, 2020 the Oregon Department of Land Conservation and Development (DLCD) received a Notice of Appeal from legal counsel representing Jordan Cove Energy Project L.P. (“JCEP") and Pacific Connector Gas Pipeline, LP, the applicants proposing construction of the Jordan Cove Energy Project.  This notice indicates that the applicants are appealing DLCD's Federal Consistency Objection to the U.S. Secretary of Commerce.  Federal regulations give DLCD 60 days from submission of the Notice of Appeal to submit a response brief.

More information on the Federal Consistency Appeal Process are available in 15 C.F.R. Part 930, Subpart H. NOAA intends to post publicly available materials and related documents comprising the appeal record on the federal website.

Further questions on this appeal or the appeal process should be directed to the NOAA Office for Coastal Management at:

NOAA Office of General Counsel Oceans and Coasts Section
Adam Dilts
Office of the General Counsel
National Oceanic and Atmospheric Administration
adam.dilts@noaa.gov 

Federal Consistency Decision & Associated Information

The Department of Land Conservation and Development (DLCD) has reviewed the federal permit applications for the Jordan Cove Energy Project (FERC CP17-495-000 and CP17-494-000; USACE # NWP-2017-41) for consistency with the Oregon Coastal Management Program (OCMP) and it's federally approved enforceable policies.

On February 19, 2020 DLCD-OCMP issued an objection to the project's consistency certification.  The following documents have been issued to the applicant and filed with the appropriate federal agencies.

More information on the JCEP Federal Consistency objection can be found in the Press Release and FAQ.

Project Review Background

DLCD reviewed two major federal permits/licenses needed for the proposed project: the Army Corps Section 404/Section10 permit and the Federal Energy Regulatory Commission's energy siting certificate. The applicant for the proposed project submitted a complete application on April 12, 2019. This letter was supplied to the applicant on May 13, 2019. On July 12, 2019, DLCD supplied the federally required 3-month notification letter that the project is still under review. On August 15, 2019, DLCD supplied an additional information request to the applicant. A Stay Agreement has been executed between DLCD and Pembina, which extends DLCD’s decision deadline to February 28, 2020.

The applicable enforceable policies (updated August 01, 2019) for the proposed project have been identified, however are subject to change as additional information becomes available.

Public Comment (Closed)

The public comment period is CLOSED. All comments must be received by midnight September 21, 2019. Submit email comments to coast.permits@state.or.us.  Please see details on the Public Notices page.

Please see this summary of the process and what to expect.

The Oregon Department of Energy maintains current information on the most recent actions related to the Jordan Cove Energy Project.

Additional Formal Correspondence with Applicant

Related Resources

Join the federal consistency listserv.

Guidance for Federal Action Agencies

Guidance for Federal Permit Applicants

Public Notices and Comment Opportunities



Contacts

Deanna Caracciolo
Coastal State-Federal Relations Coordinator
deanna.caracciolo@state.or.us
Phone: 503-934-0026

For information on Jordan Cove:
Heather Wade
Coastal Policy Specialist
heather.wade@state.or.us
Phone: 503-934-0400

For information on the Jordan Cove Appeal:

Adam Dilts
NOAA Office of the General Counsel


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