|(a) The council shall review any federal agency activity that
any three members of the council agree presents a significant unresolved issue
regarding consistency with the CMP goals and policies and place the matter
on the agenda of a meeting of the council for review.
(b) To refer a federal activity to the council, any three members
of the council must submit the action to the council secretary in writing.
(c) The council secretary shall place the action on the agenda
of the earliest council meeting at which consideration of the federal agency
activity is reasonably practicable. If no regularly scheduled council meeting
will allow the council to complete a review of the action and notify the federal
agency of its decision within 45 days of receipt of the administratively complete
consistency determination, the council secretary shall notify the chair, who
shall schedule a special meeting.
(d) If the council places an action on its agenda, but will
not be able to complete a review and notify the federal agency within 45 days
of the date the council secretary receives an administratively complete consistency
determination, then the chair shall notify the federal agency of the status
of the review and the basis for further delay and request an extension of
time to review the matter.
(e) The federal agency may presume council agreement with the
federal agency's consistency determination 45 days after the date the council
secretary receives an administratively complete consistency determination,
unless the chair or any three members of the council request an extension
of time to review the matter. Federal agencies shall approve the first request
for an extension of 15 days or less. In considering whether a longer or additional
extension period is appropriate, federal agencies should consider the magnitude
and complexity of, or the information contained in, the consistency determination.
(f) A federal agency shall not grant final approval for a federal
agency activity 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) until after the expiration of 90 days from
the date the federal agency provides the council secretary with its consistency
determination, unless the federal agency and the council agree to an alternative
period of time
|Source Note: The provisions of this §506.26 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676; amended to be effective July 5, 1996, 21 TexReg 5870; amended to be effective August 27, 2000, 25 TexReg 8046