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

Universal Citation: 31 TX Admin Code § 506.27

Current through Reg. 49, No. 12; March 22, 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.

(e) If the council finds that a proposed activity is inconsistent with the CMP goals and policies and the federal agency does not modify the activity to achieve consistency with the program, the governor, with the assistance of the chair of the council, may seek secretarial mediation (as provided in Code of Federal Regulations, Title 15, Part 930, Subpart G, §§930.110 et seq).

(f) Federal and state agencies shall cooperate in their efforts to monitor federally approved activities in order to make certain that such activities continue to be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the CMP.

(g) The council may request that the federal agency take appropriate remedial action following a serious disagreement resulting from a federal agency activity, including those activities where the council's concurrence was presumed, which was:

(1) Previously determined to be consistent to the maximum extent practicable 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 to the maximum extent practicable with the enforceable policies of the CMP; or

(2) Previously determined not to be a federal agency activity 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 activity affects any coastal use or resource and is not consistent to the maximum extent practicable with the enforceable policies of the CMP. The council's request shall include supporting information and a proposal for recommended remedial action.

(h) If, after a reasonable time following a request for remedial action, the council still maintains that a serious disagreement exists, either party may request the mediation services of the Secretary of Commerce or the Office of Ocean and Coastal Resource Management as provided in Code of Federal Regulations, Title 15, Part 930, Subpart G, §§930.110 et seq.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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