reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.23 - Consistency Determinations for Development Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies may provide a single consistency determination for a proposed
				development project, in accordance with the Code of Federal Regulations, Title
				15, Part 930, Subpart C, §930.37(c), where the agency has sufficient
				information to determine consistency from planning to completion.
(b) In cases where decisions related to a
				proposed development project will be made in phases based upon developing
				information, and the federal agency retains the discretion to implement
				alternative decisions on the basis of such information, a consistency
				determination shall be required for each decision in accordance with the Code
				of Federal Regulations, Title 15, Part 930, Subpart C,
				§930.37(c).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.24 - Consistency Determinations for Federal Agency Activities Initiated Prior to Federal Approval of the Coastal Management Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies shall provide a consistency determination for ongoing activities
				listed in §
									506.12
				of this title (relating to Federal Actions Subject to the Coastal Management
				Program), other than development projects, initiated prior to federal approval
				of the CMP where the agency retains discretion to reassess and modify the
				activity. In accordance with the Code of Federal Regulations, Title 15, Part
				930, Subpart C, §930.38(a), federal agencies shall provide the council
				with a consistency determination for such ongoing activities no later than 120
				days after program approval.
(b)
				Federal agencies shall provide a consistency determination, in accordance with
				the Code of Federal Regulations, Title 15, Part 930, Subpart C,
				§930.38(b), for phased development projects described in §
									506.23(b)
				of this title (relating to Consistency Determinations for Development Projects)
				and initiated prior to federal approval of the CMP, for those phases of the
				project for which the agency retains discretion to reassess and modify the
				activity following CMP approval.
(c) The council shall review consistency
				determinations for the United States Army Corps of Engineers' ongoing
				maintenance of commercially navigable waterways as provided in the Memorandum
				of Agreement Between the Texas Coastal Coordination Council and the United
				States Army Corps of Engineers (Review of Coastal Maintenance Dredging
				Activities for Consistency with the Goals and Policies of the Texas Coastal
				Management Program, dated October 27, 1994, and subsequent
				amendments).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.25 - Public Notice and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				an administratively complete consistency determination for a federal agency
				activity, the council secretary shall publish notice of the consistency
				determination on the council's web site and in the
Texas
				Register
.
(b) The public
				notice shall provide a summary of the proposed federal agency activity,
				announce the availability of the consistency determination for inspection, and
				request comment on whether the federal agency activity should be referred to
				the council for review and whether the activity is or is not consistent with
				the CMP goals and policies. Comments shall be submitted to the council
				secretary within 30 days of publication on the council's web site.
(c) When appropriate, the chair or any three
				members of the council may extend the public comment period or schedule a
				public hearing on:
(1) the consistency
				determination; and
(2) whether
				referral to the council is appropriate.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.26 - Referral of Federal Agency Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) The council
				shall review any federal agency activity that any three members of the council
				agree presents a significant unresolved issue regarding consistency with the
				CMP goals and policies and place the matter on the agenda of a meeting of the
				council for review.
(b) To refer a
				federal activity to the council, any three members of the council must submit
				the action to the council secretary in writing.
(c) The council secretary shall place the
				action on the agenda of the earliest council meeting at which consideration of
				the federal agency activity is reasonably practicable. If no regularly
				scheduled council meeting will allow the council to complete a review of the
				action and notify the federal agency of its decision within 45 days of receipt
				of the administratively complete consistency determination, the council
				secretary shall notify the chair, who shall schedule a special
				meeting.
(d) If the council places
				an action on its agenda, but will not be able to complete a review and notify
				the federal agency within 45 days of the date the council secretary receives an
				administratively complete consistency determination, then the chair shall
				notify the federal agency of the status of the review and the basis for further
				delay and request an extension of time to review the matter.
(e) The federal agency may presume council
				agreement with the federal agency's consistency determination 45 days after the
				date the council secretary receives an administratively complete consistency
				determination, unless the chair or any three members of the council request an
				extension of time to review the matter. Federal agencies shall approve the
				first request for an extension of 15 days or less. In considering whether a
				longer or additional extension period is appropriate, federal agencies should
				consider the magnitude and complexity of, or the information contained in, the
				consistency determination.
(f) A
				federal agency shall not grant final approval for a federal agency activity
				identified in §
									506.12
				of this title (relating to Federal Agency Actions, Federal Agency Activities,
				Outer Continental Shelf Plans Subject to the Coastal Management Program) until
				after the expiration of 90 days from the date the federal agency provides the
				council secretary with its consistency determination, unless the federal agency
				and the council agree to an alternative period of time
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.27 - Council Hearing to Review Federal Agency Activities and Availability of Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				referral of a federal agency activity, the council shall consider the public
				comments received, the relevant CMP goals and policies, information submitted
				by the federal agency, and other relevant information and determine whether the
				activity is consistent with the CMP goals and policies.
(b) The council secretary shall, by certified
				mail or hand delivery, provide notice of the hearing at which the council will
				review the federal agency activity to the federal agency.
(c) If the council decides to disagree with a
				consistency determination, the council shall notify the federal agency and the
				assistant administrator of its decision to disagree with the consistency
				determination prior to the time, including any extensions, that the federal
				agency is entitled to presume the activity's consistency under §
									506.26(e)
				of this title (relating to Referral of Federal Agency Activities). An
				affirmative vote of two-thirds of the council members is required for the
				council to disagree with a consistency determination.
(d) The council's finding that a proposed
				activity is inconsistent with the CMP goals and policies shall include:
(1) a description of how the proposed
				activity is inconsistent with specific CMP goals and policies;
(2) a description of any available
				alternative measures that would permit the proposed activity to be conducted in
				a manner consistent to the maximum extent practicable with the CMP;
				and
(3) in cases where the
				council's finding is based upon the federal agency's failure to supply
				sufficient information, the council shall include a description of the nature
				of the information requested and the necessity of having such information to
				determine the consistency of the federal activity with the CMP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.28 - General Consistency Agreements for Federal Activities; Interagency Coordination Teams for Federal Development Projects

Current through Reg. 49, No. 28; July 12, 2024
(a) The council may
				issue a general consistency agreement with respect to a federal activity other
				than a development project. Prior to issuance of a general consistency
				agreement, the council shall request and consider public comments on the
				matter. If the conditions of a general consistency agreement are satisfied, the
				federal activity is deemed consistent, to the maximum extant practicable, with
				the CMP goals and policies and will not be subject to council review under
				§
									506.26
				of this title (relating to Referral of Federal Agency Activities).
(b) The council shall, in lieu of council
				review under §
									506.26
				of this title (relating to Referral of Federal Agency Activities), issue a
				consistency agreement for a federal agency activity or development project for
				which:
(1) the federal agency has elected to
				establish an interagency coordination team whose duties include advising the
				federal agency on the consistency of the federal agency activity or development
				project;
(2) the interagency
				coordination team includes among its voting members representatives from a
				minimum of three council member agencies;
(3) a majority of the council member agency
				representatives on the interagency coordination team concurs that the federal
				agency activity or development project is consistent, to the maximum extent
				practicable, with the CMP goals and policies;
(4) the federal agency adopts the concurrence
				of the council member agency representatives on the interagency coordination
				team and submits it to the council as its consistency determination for the
				federal agency activity or development project; and
(5) a majority of the council member agency
				representatives on the interagency coordination team, after considering public
				comment, affirm their concurrence with the federal agency's consistency
				determination by not objecting in writing within 15 days after the close of the
				public comment period.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.29 - Supplemental Interagency Coordination for Proposed Federal Agency Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) For proposed
				federal agency activities that were previously determined by the council to be
				consistent with the CMP, but which have not yet begun, federal agencies shall
				further coordinate with the council and prepare a supplemental consistency
				determination if the proposed activity will affect any coastal use or resources
				in a manner substantially different than was reasonably foreseeable when the
				proposed activity was originally described. Substantially different coastal
				effects are reasonably foreseeable if:
(1)
				The federal agency makes substantial changes in the proposed activity that are
				relevant to the CMP goals and policies; or
(2) There are significant new circumstances
				or information relevant to the proposed activity and the proposed activity's
				effect on any coastal use or resource.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.30 - Consistency Certifications for Federal Agency Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon filing an
				application for a federal agency action listed under §
									506.12
				of this title (relating to Federal Actions Subject to the Coastal Management
				Program), the applicant shall provide to the council secretary a consistency
				certification that reads as follows: The proposed activity complies with Texas'
				approved coastal management program and will be conducted in a manner
				consistent with such program.
(b)
				The applicant shall include with the consistency certification all of the
				following information:
(1) a detailed
				description of the proposed activity and its associated facilities which is
				adequate to permit an assessment of their probable effects on CNRAs. Maps,
				diagrams, technical data, and other relevant material must be submitted when a
				written description will not adequately describe the proposed activity. The
				applicant may submit the federal application and all supporting material
				provided to the federal agency to meet the requirements of this paragraph, if
				the application and supporting material contain the required
				material;
(2) a list identifying
				all federal, state, and local permits or authorizations subject to the CMP and
				required for the proposed activity and its associated facilities;
(3) a brief assessment relating to the
				relevant elements of the CMP and the probable effects of the proposed activity
				and its associated facilities on CNRAs; and
(4) a brief set of findings, derived from the
				assessment, indicating that the proposed activity, its associated facilities,
				and their effects are all consistent with the CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.31 - Council Assistance

Current through Reg. 49, No. 28; July 12, 2024
Upon request of the applicant, the council shall provide
				  assistance for development of the assessment and findings required by §
									506.30(b)(3)
				  and (4) of this title (relating to
				  Consistency Certifications for Federal License and Permit
				  Activities).
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.32 - Public Notice and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				an administratively complete consistency certification for a proposed federal
				agency action, the council secretary shall publish public notice of the
				consistency certification on the council's web site and in the
Texas
				Register
.
(b) The public
				notice shall provide a summary of the proposed activity, announce the
				availability of the consistency certification for inspection, and request
				comment on whether the federal agency action should be referred to the council
				for review and whether the action is or is not consistent with the CMP goals
				and policies. Comments shall be submitted to the council secretary within 30
				days of publication of the notice on the council's web site.
(c) When appropriate, the chair or any three
				members of the council may extend the public comment period or schedule a
				public hearing on:
(1) the consistency
				certification; and
(2) whether
				referral to the council is appropriate.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.33 - Referral of Federal Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The council
				shall review any federal agency action that any three members agree presents a
				significant unresolved dispute regarding consistency with the CMP goals and
				policies.
(b) To refer a federal
				agency action, any three members must submit the request for referral to the
				council secretary in writing within 45 days of receipt of the administratively
				complete consistency certification.
(c) The council secretary shall add the
				action to the agenda of the earliest council meeting at which consideration of
				the action is reasonably practicable. If no regularly scheduled council meeting
				will allow the council to complete a review of the action within 90 days of
				receipt of the administratively complete consistency certification, the council
				secretary shall notify the chair, who shall schedule a special
				meeting.
(d) If the council has not
				issued a decision with respect to a proposed federal agency action within 45
				days of the date when the council secretary receives an administratively
				complete consistency certification, then the chair shall notify the applicant
				and the federal agency of the status of the review and the basis for further
				delay.
(e) If any three members of
				the council do not refer a proposed federal agency action to the council within
				45 days of the date when the council secretary receives an administratively
				complete consistency certification, then that proposed federal agency action is
				conclusively presumed to be consistent with the CMP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.34 - Council Hearing To Review a Federal Agency Action

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				referral of a proposed federal agency action, the council shall consider the
				public comments received, the relevant CMP goals and policies, information
				submitted by the federal agency or applicant, and other relevant information
				and determine whether the proposed action is consistent with the CMP goals and
				policies within 90 days of the date the council secretary received the
				administratively complete consistency certification.
(b) The council secretary shall, by certified
				mail or hand delivery, provide notice of the hearing at which the council will
				review the proposed federal action to the federal agency and the
				applicant.
(c) If the council
				decides to object to a consistency certification, the council shall notify the
				applicant, the federal agency, and the assistant administrator. The affirmative
				vote of two-thirds of the council members shall be required to object to a
				consistency determination.
(d) The
				council's objection shall include:
(1) a
				description of how the proposed federal agency activity is inconsistent with
				specific CMP goals and policies;
(2) a description of any available
				alternative measures that would permit the proposed activity to be conducted in
				a manner consistent with the CMP;
(3) in cases where the council objects on the
				grounds of insufficient information, a description of the nature of the
				information requested and the necessity of having such information to determine
				the consistency of the activity with the CMP; and
(4) a statement informing the applicant of a
				right of appeal to the secretary of commerce on the grounds that the proposed
				activity is consistent with the objectives or purposes of the federal Coastal
				Zone Management Act (CZMA), 16 United States Code Annotated,
				§§1451-1464, or is necessary in the interest of national security as
				provided in the Code of Federal Regulations, Title 15, Part 930, Subpart H,
				§§930.120 et seq.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.35 - General Concurrence

Current through Reg. 49, No. 28; July 12, 2024
The council may develop general concurrences in accordance
				  with the Code of Federal Regulations, Title 15, Part 930, Subpart D,
				  §930.53.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.36 - Supplemental Coordination for Proposed Federal Agency Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) For proposed
				federal actions that were previously determined by the council to be consistent
				with the CMP, but which have not yet begun, applicants shall further coordinate
				with the council and prepare a supplemental consistency certification if the
				proposed action will affect any coastal use or resources in a manner
				substantially different than was reasonably foreseeable when the proposed
				action was originally described. Substantially different coastal effects are
				reasonably foreseeable if:
(1) The applicant
				makes substantial changes in the proposed action that are relevant to the CMP
				goals and policies; or
(2) There
				are significant new circumstances or information relevant to the proposed
				action and the proposed action's effect on any coastal use or
				resource.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.37 - Remedial Action for Previously Reviewed Federal Agency Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies and the council shall cooperate in their efforts to monitor federal
				agency actions in order to make certain that such actions continue to conform
				to both federal and state requirements.
(b) The council shall notify the relevant
				federal agency representative for the area involved of any federal agency
				action which the council claims was:
(1)
				Previously determined to be consistent with the CMP, but which the council
				later maintains is being conducted or is having an effect on any coastal use or
				resource substantially different than originally described, and as a result, is
				no longer consistent with the CMP; or
(2) Previously determined not to be an action
				affecting any coastal use or resource, but which the council later maintains is
				having coastal effects or is being conducted in a manner substantially
				different than originally described, and as a result, the action affects any
				coastal use or resource in a manner inconsistent with the CMP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.40 - Consistency Certifications for Outer Continental Shelf Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon submission
				to the secretary of the interior or designee of an OCS plan, which must include
				a detailed description of the proposed activities which will require federal
				actions subject to federal consistency review, the person submitting the plan
				shall provide the council secretary with a copy of the plan along with a
				consistency certification that reads as follows: The proposed activities
				described in detail in this plan comply with Texas' approved coastal management
				program and will be conducted in a manner consistent with such
				program.
(b) The person submitting
				the OCS plan shall include all of the following information in support of the
				consistency certification:
(1) a detailed
				description of the proposed activities and their associated facilities which is
				adequate to permit an assessment of their probable effects on CNRAs. Maps,
				diagrams, technical data, and other relevant material must be submitted when a
				written description will not adequately describe the proposed
				activities;
(2) a list identifying
				all federal, state, and local actions subject to the CMP and required for the
				proposed activities and their associated facilities;
(3) a brief assessment relating the probable
				effects of the activities and their associated facilities on CNRAs to the
				relevant elements of the CMP; and
(4) a brief set of findings, derived from the
				assessment, indicating that federal actions authorizing each of the proposed
				activities will be consistent with the CMP goals and policies. In considering
				whether such federal actions will be consistent with the CMP, associated
				facilities authorized under such actions and the effects of such associated
				facilities shall be considered.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.41 - Public Notice and Comment

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon receipt of
				an administratively complete consistency certification for an OCS plan, the
				council secretary shall publish notice of the consistency certification on the
				council's web site and in the
Texas Register
.
(b) The public notice shall provide a summary
				of the OCS plan, announce the availability of the consistency determination for
				inspection, and request comment on whether any part of the OCS plan relating to
				federal agency actions required to authorize proposed activities described in
				detail in the OCS plan should be referred to the council for review and whether
				any part is or is not consistent with the CMP goals and policies. Comments
				shall be submitted to the council secretary within 30 days of publication of
				the notice on the council's web site.
(c) When appropriate, the chair or any three
				members of the council may extend the public comment period or schedule a
				public hearing on:
(1) the consistency
				certification; and
(2) whether
				referral to the council is appropriate.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.42 - Referral of an Outer Continental Shelf Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The council
				shall review any part of an OCS plan relating to federal agency actions
				required to authorize proposed activities described in detail in the OCS plan
				which any three members agree presents a significant unresolved dispute
				regarding consistency with the CMP goals and policies.
(b) To refer part of an OCS plan, three
				members of the council must submit the request for referral to the council
				secretary in writing within 45 days of receipt of the administratively complete
				consistency certification.
(c) The
				council secretary shall place the action on the agenda of the earliest council
				meeting at which consideration of the action is reasonably practicable. If no
				regularly scheduled council meeting will allow the council to act on the action
				within 90 days of receipt of the administratively complete consistency
				certification, the council secretary shall notify the chair, who shall schedule
				a special meeting.
(d) If the
				council has not issued a decision with respect to a matter referred under the
				provisions of this section within 45 days of the date when the council
				secretary received the administratively complete consistency certification,
				then the chair shall notify the person submitting the plan, the secretary of
				the interior, and the assistant administrator of the status of the review and
				the basis for further delay.
(e) If
				any three members of the council do not refer any federal actions that will be
				required to authorize an activity described in detail in an OCS plan to the
				council within 45 days of the date when the council secretary receives an
				administratively complete consistency certification, then the council's
				concurrence with the consistency certification shall be conclusively
				presumed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.43 - Council Hearing to Review Outer Continental Shelf Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				referral of part of an OCS plan, the council shall consider the public comments
				received, the relevant CMP goals and policies, information submitted by the
				federal agency or applicant, and other relevant information and determine
				whether any part of the OCS plan relating to federal agency actions required to
				authorize proposed activities described in detail in the OCS plan is consistent
				with the CMP goals and policies within 90 days of the date the council
				secretary received the consistency certification.
(b) The council secretary shall, by certified
				mail or hand delivery, provide notice of the hearing at which the council will
				review a part of the OCS plan to the person submitting the OCS plan, the
				secretary of the interior, and the assistant administrator.
(c) If the council decides to object to a
				consistency certification, the council shall notify the person submitting the
				plan, the secretary of the interior, and the assistant administrator. The
				affirmative vote of two-thirds of the council members is required to object to
				a consistency certification.
(d)
				The council's objection shall include:
(1) a
				description of how the activity requiring the federal action described in the
				OCS plan will be inconsistent with the CMP goals and policies;
(2) a description of any available
				alternative measures that would permit the activity requiring the federal
				action to be conducted in a manner consistent with the CMP;
(3) in cases where the council objects on the
				grounds of insufficient information, a description of the nature of the
				information requested and the necessity of having such information to determine
				the consistency with the CMP of the federal action authorizing the activity
				described in the OCS plan; and
(4)
				a statement informing the person submitting the plan of a right of appeal to
				the secretary of commerce on the grounds that the federal action authorizing
				the activity described in the OCS plan will be consistent with the objectives
				or purposes of the CZMA or is necessary in the interest of national security as
				provided in the Code of Federal Regulations, Title 15, Part 930, Subpart H,
				§§930.120 et seq.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.44 - Effect of Council Concurrence

Current through Reg. 49, No. 28; July 12, 2024
(a) If the council
				either issues a concurrence or is conclusively presumed to concur with the
				consistency certification of a person submitting an OCS plan, then the person
				submitting the plan shall not be required to submit additional consistency
				certifications to the council secretary for the individual federal actions that
				will be required to authorize the activities described in detail in the OCS
				plan.
(b) To allow the council to
				monitor those federal actions that relate to activities described in detail in
				an OCS plan whose consistency certification has received council concurrence,
				the person submitting the OCS plan shall provide the council secretary with
				copies of applications for those federal actions when they are filed.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.45 - Failure to Comply Substantially with an Approved OCS Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				of the Interior and the council shall cooperate in their efforts to monitor
				federally licensed or permitted activities described in detail in OCS plans to
				make certain that such activities continue to conform to both federal and state
				requirements.
(b) If the council
				claims that a person is failing to comply substantially with an approved OCS
				plan subject to the requirements of the Code of Federal Regulations, Title 15,
				Part 930, Subpart E, §§930.70 - 930.85, and such failure allegedly
				involves the conduct of activities affecting any coastal use or resource in a
				manner that is not consistent with the CMP, the council shall transmit its
				claim to the Minerals Management Service. Such claim shall include: a
				description of the specific activity involved and the alleged lack of
				compliance with the OCS plan, and a request for appropriate remedial action. A
				copy of the claim shall be sent to the person.
(c) If the Director finds that the person is
				failing to comply substantially with the OCS plan, the person shall submit an
				amended or new OCS plan along with a consistency certification and supporting
				information to the Secretary of the Interior or designee and to the council.
				Following such a finding by the Director, the person shall comply with the
				originally approved OCS plan, or with interim orders issued jointly by the
				Director and the Minerals Management Service, pending approval of the amended
				or new OCS plan. The requirements of the Code of Federal Regulations, Title 15,
				Part 930, Subpart E, §930.82 (relating to Amended OCS Plans), §930.83
				(relating to Review of Amended OCS Plans), and §930.84 (relating to
				Continuing State Agency Objections) shall apply to further council review of
				the consistency certification for the amended or new OCS plan.
(d) A person shall be found to have failed to
				comply substantially with an approved OCS plan if the council claims and the
				Director finds that one or more of the activities described in detail in the
				OCS plan which affects any coastal use or resource are being conducted or are
				having an effect on any coastal use or resource substantially different than
				originally described by the person in the OCS plan or accompanying information
				and, as a result, the activities are no longer being conducted in a manner
				consistent with the CMP. The Director may make a finding that a person has
				failed to comply substantially with an approved OCS plan only after providing a
				reasonable opportunity for the person and the Secretary of the Interior to
				review the council's objection and to submit comments for the Director's
				consideration.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.50 - Notice to the Council of Applications for Federal Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) If the state
				single point of contact receives an application for federal assistance listed
				in §
									506.12
				of this title (relating to Federal Actions Subject to the Coastal Management
				Program), the state single point of contact shall provide a copy of such
				application to the council secretary. If an application for federal assistance
				is not submitted to the state single point of contact, the entity applying for
				federal assistance shall provide a copy of such application to the council
				secretary.
(b) The council
				secretary shall distribute copies of the applications to all council
				members.
(c) In addition to the
				application, the applicant shall provide the council a brief evaluation on the
				relationship of the proposed activity to the CMP goals and policies and an
				evaluation of any reasonably foreseeable coastal effects.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.51 - Referral of Applications for Federal Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) The council
				shall review any application for federal assistance that any three members of
				the council refer to the council for review.
(b) To refer an application for federal
				assistance to the council, three members must submit the request for referral
				to the council secretary in writing.
(c) The council secretary shall add the
				application to the agenda of the earliest council meeting at which
				consideration of the action is reasonably practicable.
(d) If three members do not refer an
				application to the council within 30 days of the date the council secretary
				receives a copy of the application, then the application is conclusively
				presumed to be consistent with the CMP.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.52 - Council Hearing to Review Applications for Federal Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				referral of an application for federal assistance, the council shall review and
				either concur with or object to the application for federal
				assistance
(b) The council
				secretary shall, by certified mail or hand delivery, provide notice of the
				hearing at which the council will review the application for federal assistance
				to the applicant, the federal agency, and the assistant
				administrator.
(c) The council's
				objection shall include:
(1) a description of
				how the proposed activity is inconsistent with specific CMP goals and
				policies;
(2) a description of any
				available alternative measures that would permit the proposed activity to be
				conducted in a manner consistent with the CMP;
(3) in cases where the council objects on the
				grounds of insufficient information, a description of the nature of the
				information requested and the necessity of having such information to determine
				the consistency of the activity with the CMP; and
(4) a statement informing the applicant of a
				right of appeal to the secretary of commerce on the grounds that the proposed
				activity is consistent with the objectives or purposes of the Coastal Zone
				Management Act or is necessary in the interest of national security as provided
				in the Code of Federal Regulations, Title 15, Part 930, Subpart H,
				§§930.120 et seq.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.53 - Supplemental Coordination for Federal Assistance Activities Rule

Current through Reg. 49, No. 28; July 12, 2024
(a) For federal
				assistance activities that were previously determined by the council to be
				consistent with the CMP, but which have not yet begun, the applicant entity
				shall further coordinate with the council if the proposed activity will affect
				any coastal use or resources in a manner substantially different than was
				reasonably foreseeable when the proposed activity was originally described.
				Substantially different coastal effects are reasonably foreseeable if:
(1) The applicant entity makes substantial
				changes in the proposed activity that are relevant to the CMP goals and
				policies; or
(2) There are
				significant new circumstances or information relevant to the proposed activity
				and the proposed activity's effect on any coastal use or resource.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 16 - COASTAL COORDINATION ADVISORY COMMITTEE › Chapter 506 - COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES › Section 506.54 - Remedial Action for Previously Reviewed Federal Assistance Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) Federal
				agencies and the council shall cooperate in their efforts to monitor federal
				assistance activities in order to make certain that such activities continue to
				conform to both federal and state requirements.
(b) The council shall notify the relevant
				federal agency representative for the area involved of any federal assistance
				activity which the council claims was:
(1)
				Previously determined to be consistent with the CMP goals and policies, but
				which the council later maintains is being conducted or is having an effect on
				any coastal use or resource substantially different than originally described
				and, as a result, is no longer consistent with the CMP goals and policies;
				or
(2) Previously determined not to
				be a project affecting any coastal use or resource, but which the council later
				maintains is having an effect on any coastal use or resource or is being
				conducted in a manner substantially different than originally described, and as
				a result, the project affects a coastal use or resource in a manner
				inconsistent with the CMP goals and policies.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.1 - Policy Statement

Current through Reg. 49, No. 28; July 12, 2024
It is the policy of the State Soil and Water Conservation
					 Board to develop and implement a program to provide funds to districts on a
					 matching basis to assist them with expenses incurred through the administration
					 and implementation of conservation programs. In accordance with this purpose,
					 §§ 517.1-517.12 of this title (relating to Conservation Assistance)
					 are adopted.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) District--A soil and
				  water conservation district created under the Agriculture Code of Texas,
				  Chapter 201.
(2) State board--The
				  Texas State Soil and Water Conservation Board created under the Agriculture
				  Code of Texas, Chapter 201.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.3 - Use of Funds

Current through Reg. 49, No. 28; July 12, 2024
Funds appropriated from the general revenue fund and other
					 sources for conservation assistance may be used by the state board to provide
					 funds to districts on a matching basis, to assist them with expenses incurred
					 through the administration and implementation of conservation programs and
					 activities.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.4 - Allocation of Funds

Current through Reg. 49, No. 28; July 12, 2024
The state board may allocate funds appropriated from the
					 general revenue fund and other sources for conservation assistance to districts
					 and may adjust allocations throughout the year as districts needs and ability
					 to match funds change in order to achieve the most efficient use of state
					 funds.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.5 - Requests for Allocations

Current through Reg. 49, No. 28; July 12, 2024
Districts must submit requests for allocations of
					 conservation assistance funds under this subchapter to the state board on forms
					 provided by the state board.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.6 - Approval of Allocations

Current through Reg. 49, No. 28; July 12, 2024
The state board may consider and approve, reject, or adjust
					 district requests for allocations giving consideration to relative need for
					 funding, district workload, and fund balances, as well as other information
					 deemed necessary by the state board. Only districts for which the state board
					 has established an allocation are eligible to claim funds under this
					 subchapter.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.7 - Match Requirements

Current through Reg. 49, No. 28; July 12, 2024
In order to be eligible to receive funds under this
					 subchapter, a district must have raised an amount of money that is equal to the
					 amount to be received from funds under this subchapter. District-raised funds
					 must be funds other than state funds or earnings from state funds and must have
					 been deposited in a financial institution prior to submitting a
					 claim.
Texas Administrative Code › Title 31 - NATURAL RESOURCES AND CONSERVATION › Part 17 - TEXAS STATE SOIL AND WATER CONSERVATION BOARD › Chapter 517 - FINANCIAL ASSISTANCE › Subchapter A - CONSERVATION ASSISTANCE › Section 517.8 - Maximum Allocation

Current through Reg. 49, No. 28; July 12, 2024
The state board may establish a per district maximum annual
					 allocation based on appropriation levels and district needs, and may adjust the
					 maximum from time to time as available funds and district needs
					 change.