Section 506.34 - Council Hearing To Review a Federal Agency Action(a) Following referral of a proposed federal agency action, the council shall consider the public comments received, the relevant CMP goals and policies, information submitted by the federal agency or applicant, and other relevant information and determine whether the proposed action is consistent with the CMP goals and policies within 90 days of the date the council secretary received the administratively complete consistency certification.(b) The council secretary shall, by certified mail or hand delivery, provide notice of the hearing at which the council will review the proposed federal action to the federal agency and the applicant.(c) If the council decides to object to a consistency certification, the council shall notify the applicant, the federal agency, and the assistant administrator. The affirmative vote of two-thirds of the council members shall be required to object to a consistency determination.(d) The council's objection shall include: (1) a description of how the proposed federal agency 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 federal Coastal Zone Management Act (CZMA), 16 United States Code Annotated, §§1451-1464, 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.(e) If the council finds that the proposed federal action is inconsistent with the CMP goals and policies, the federal agency shall not proceed with the federal action, 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 § 506.34
The provisions of this §506.34 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; 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