31 Tex. Admin. Code § 506.52

Current through Reg. 50, No. 1; January 3, 2025
Section 506.52 - Council Hearing to Review Applications for Federal Assistance
(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.
(d) If the council objects to an application for federal assistance, the federal agency shall not approve assistance for the activity, except as provided in the appeals process established in the Code of Federal Regulations, Title 15, Part 930, Subpart H, §§930.120 et seq.

31 Tex. Admin. Code § 506.52

The provisions of this §506.52 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective July 15, 2002, 27 TexReg 6319; 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