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TITLE 31NATURAL RESOURCES AND CONSERVATION
PART 16COASTAL COORDINATION COUNCIL
CHAPTER 506COUNCIL PROCEDURES FOR FEDERAL CONSISTENCY WITH COASTAL MANAGEMENT PROGRAM GOALS AND PRIORITIES
RULE §506.33Referral of Federal Agency Action

(a) The council shall review any federal agency action that any three members agree presents a significant unresolved dispute regarding consistency with the CMP goals and policies.

(b) To refer a federal agency action, any three members must submit the request for referral to the council secretary in writing within 45 days of receipt of the administratively complete consistency certification.

(c) The council secretary shall add the action to the agenda of the earliest council meeting at which consideration of the action is reasonably practicable. If no regularly scheduled council meeting will allow the council to complete a review of the action within 90 days of receipt of the administratively complete consistency certification, the council secretary shall notify the chair, who shall schedule a special meeting.

(d) If the council has not issued a decision with respect to a proposed federal agency action within 45 days of the date when the council secretary receives an administratively complete consistency certification, then the chair shall notify the applicant and the federal agency of the status of the review and the basis for further delay.

(e) If any three members of the council do not refer a proposed federal agency action to the council within 45 days of the date when the council secretary receives an administratively complete consistency certification, then that proposed federal agency action is conclusively presumed to be consistent with the CMP.


Source Note: The provisions of this §506.33 adopted to be effective June 15, 1995, 19 TexReg 7695; amended to be effective November 3, 1995, 20 TexReg 8676; amended to be effective August 27, 2000, 25 TexReg 8046

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