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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 16COASTAL COORDINATION ADVISORY COMMITTEE
CHAPTER 506COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES
RULE §506.26Referral of Federal Agency Activities

(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

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