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

Universal Citation: 31 TX Admin Code § 506.54

Current through Reg. 49, No. 38; September 20, 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.

(1) A description of the activity involved and the alleged lack of compliance with the CMP goals and policies;

(2) supporting information; and

(3) a request for appropriate remedial action. A copy of the request shall be sent to the applicant agency and the Director.

(d) If, after 30 days following a request for remedial action, the council still maintains that the applicant entity is failing to comply substantially with the CMP goals and policies, the council may file a written objection with the Director. If the Director finds that the applicant entity is conducting an activity that is substantially different from the approved activity, the council may reinitiate its review of the activity, or the applicant entity may conduct the activity as it was originally approved.

(e) An applicant entity shall be found to be conducting an activity substantially different from the approved activity if the council claims and the Director finds that the activity affects any coastal use or resource substantially different than originally determined by the council and, as a result, the activity is no longer being conducted in a manner consistent with the CMP goals and policies. The Director may make a finding that an applicant entity is conducting an activity substantially different from the approved activity only after providing a reasonable opportunity for the applicant entity and the federal agency to review the council's objection and to submit comments for the Director's consideration.

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