31 Tex. Admin. Code § 506.13

Current through Reg. 50, No. 1; January 3, 2025
Section 506.13 - Conditional Concurrence
(a) Federal agencies should cooperate with the council to develop conditions that, if agreed to during the council's consistency review period, and included in a federal agency's final decision or approval for activities 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), would allow the council to concur with the federal agency's decision. As an alternative to finding a proposed federal agency action, activity, or funding assistance inconsistent with the CMP goals and policies, the council may, by a vote of two-thirds of all members eligible to vote, issue a conditional concurrence letter as described under this section.
(1) The council shall include in its concurrence letter the conditions that must be satisfied, an explanation of why the conditions are necessary to ensure consistency with specific enforceable policies and an identification of the specific enforceable policies. The concurrence letter shall also inform the parties that if the requirements of paragraphs (2) through (3) of this subsection are not met, then all parties are to treat the conditional concurrence as a consistency objection. The conditional concurrence letter shall also notify the parties, pursuant to the Code of Federal Regulations, Title 15, Part 930, Subpart D, §930.63(c), of the opportunity to appeal the council's objection to the Secretary of Commerce within 30 days of receipt of the council's conditional concurrence/objection or 30 days after receiving notice from the federal agency that the application will not be approved as amended by the council's conditions; and
(2) The federal agency, applicant for a federal agency action, the person submitting an OCS plan, or the entity applying for federal assistance, as applicable, shall modify the applicable plan, project, proposal or application to the federal agency in accordance with the council's conditions. The federal agency, applicant, person, or applicant entity shall immediately notify the council secretary if the council's conditions are not acceptable; and
(3) The federal agency shall approve the amended application with the council's conditions. The federal agency shall immediately notify the council secretary and the applicant or applicant entity if the federal agency will not approve the application as amended by the council's conditions.
(b) If the requirements of subsection (a) paragraphs (2) and (3) of the section are not met, then all parties shall treat the council's conditional concurrence as an objection.

31 Tex. Admin. Code § 506.13

The provisions of this §506.13 adopted to be effective July 15, 2002, 27 TexReg 6319; amended to be effective October 6, 2004, 29 TexReg 9411; Entire chapter transferred to be Title 31, Chapter 30 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022