31 Tex. Admin. Code § 30.50 - Consistency Review of Federal Assistance Applications
(a) Consistency Review of Federal Assistance.
When reviewing applications for federal assistance to state and local
governments as provided for in §
30.12(a)(3) of
this chapter for consistency with the enforceable policies of the CMP, the GLO
shall conform to the requirements and procedures set out in 15 CFR Part 930,
subpart F (subpart F).
(b) Review
Materials. For review of federal assistance to state and local governments, the
applicant agency must submit to the GLO the materials described in subpart F.
The application for federal assistance should include a brief evaluation of the
proposed projects consistency with the CMP goals and policies as provided for
in subpart F.
(c) Request for
Information. If information is needed, the GLO shall request the information
within fifteen (15) days from the date the application is received by the GLO.
Information that may be requested is identified in subpart F. If information is
not requested within the specified timeframe, the application shall be deemed
administratively complete.
(d)
Referral to Commissioner. To refer a matter to the commissioner for an elevated
consistency review, at least three committee members must agree that a
significant unresolved issue exists regarding consistency with the CMP goals
and enforceable policies. At least three committee members must also submit in
writing a letter or email addressed to the CMP coordinator that requests the
matter at issue to be referred to the commissioner for an elevated consistency
review. The referral letter or email should identify any enforceable policies
that are unresolved and address any potential impacts.
(e) Commissioner Review. Following referral
of a federal assistance activity to the commissioner for an elevated
consistency review, the commissioner shall consider:
(1) applicable CMP goals and enforceable
policies set out in 31 TAC Ch. 26;
(2) information submitted by the federal
agency or applicant; and
(3) other
relevant information to determine whether the proposed action is consistent
with the CMP goals and enforceable policies.
(f) Review Period. The GLO will provide a
decision to the applicant within thirty (30) days from receipt of the
administratively complete federal assistance application unless the matter is
referred to the commissioner for an elevated consistency review. If elevated
for commissioner review the review period will be extended an additional thirty
(30) days. See subpart F.
(g)
Presumption of Concurrence. A presumption of concurrence will occur thirty (30)
days from the date the GLO deems the federal assistance application is
administratively complete unless the matter has been referred to the
commissioner for an elevated consistency review, in which case a presumption of
concurrence will occur on day sixty (60) if no action is taken.
(h) Commissioner Objection. If the
commissioner objects to the federal assistance application, the applicant,
federal agency, and Director of the NOAA Office for Coastal Management will be
notified of the objection by the GLO. The content of the commissioner's
objection will conform to the requirements set out in subpart F and GLO will
notify the applicant of its appeal rights to the U.S. Secretary of
Commerce.
Notes
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