Section 30.50 - Consistency Review of Federal Assistance Applications(a) Consistency Review of Federal Assistance. When reviewing applications for federal assistance to state and local governments as provided for in § 30.12(a)(3) of this chapter for consistency with the enforceable policies of the CMP, the GLO shall conform to the requirements and procedures set out in 15 CFR Part 930, subpart F (subpart F).(b) Review Materials. For review of federal assistance to state and local governments, the applicant agency must submit to the GLO the materials described in subpart F. The application for federal assistance should include a brief evaluation of the proposed projects consistency with the CMP goals and policies as provided for in subpart F.(c) Request for Information. If information is needed, the GLO shall request the information within fifteen (15) days from the date the application is received by the GLO. Information that may be requested is identified in subpart F. If information is not requested within the specified timeframe, the application shall be deemed administratively complete.(d) Referral to Commissioner. To refer a matter to the commissioner for an elevated consistency review, at least three committee members must agree that a significant unresolved issue exists regarding consistency with the CMP goals and enforceable policies. At least three committee members must also submit in writing a letter or email addressed to the CMP coordinator that requests the matter at issue to be referred to the commissioner for an elevated consistency review. The referral letter or email should identify any enforceable policies that are unresolved and address any potential impacts.(e) Commissioner Review. Following referral of a federal assistance activity to the commissioner for an elevated consistency review, the commissioner shall consider: (1) applicable CMP goals and enforceable policies set out in 31 TAC Ch. 26;(2) information submitted by the federal agency or applicant; and(3) other relevant information to determine whether the proposed action is consistent with the CMP goals and enforceable policies.(f) Review Period. The GLO will provide a decision to the applicant within thirty (30) days from receipt of the administratively complete federal assistance application unless the matter is referred to the commissioner for an elevated consistency review. If elevated for commissioner review the review period will be extended an additional thirty (30) days. See subpart F.(g) Presumption of Concurrence. A presumption of concurrence will occur thirty (30) days from the date the GLO deems the federal assistance application is administratively complete unless the matter has been referred to the commissioner for an elevated consistency review, in which case a presumption of concurrence will occur on day sixty (60) if no action is taken.(h) Commissioner Objection. If the commissioner objects to the federal assistance application, the applicant, federal agency, and Director of the NOAA Office for Coastal Management will be notified of the objection by the GLO. The content of the commissioner's objection will conform to the requirements set out in subpart F and GLO will notify the applicant of its appeal rights to the U.S. Secretary of Commerce.31 Tex. Admin. Code § 30.50
The provisions of this §506.50 adopted to be effective December 29, 1995, 20 TexReg 10789; amended to be effective July 15, 2002, 27 TexReg 6319; Entire chapter transferred from Title 31, Chapter 506 by Texas Register, Volume 47, Number 43, October 28, 2022, TexReg 7301, eff. 12/1/2022; Amended by Texas Register, Volume 48, Number 27, July 7, 2023, TexReg 3683, eff. 7/10/2023