Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,916
2821-2988 p. ; 28 cm.View a full description of this periodical.
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15.43(a)(1) allows the Land Office to determine that current
conditions are accurately reflected in the existing survey. Based
upon that determination, the Land Office has the discretion
to determine that a new survey is not required before project
construction. Section 15.43(a)(2) requires surveys to locate the
boundary based on the date the original land grant was made.
The boundary is determined in a different manner depending
on whether the upland property was originally granted under
the civil or common law. In addition, proposed new 15.43
addresses the requirement of consent for projects located
on permanent school fund land and on private property in
accordance with Texas Natural Resources Code, 33.609.
Proposed new 15.44 provides for evaluation by the Land Of-
fice of the practicality and suitability of a proposed beneficial use
of dredged material, considering sediment composition, relative
cost of dredged material, and adverse environmental impacts.
The rules reference guidance documents from the U.S. Army
Corps of Engineers (Corps) which the Land Office may consider
in determining suitability and practicality of using dredged ma-
terial. In addition, comments and recommendations by various
state and federal natural resource agencies may be considered
in evaluating potential adverse environmental impacts of benefi-
cial use projects.
Applicable federal law allows the state to contract with the Corps
for placement of material dredged in the construction and main-
tenance of navigation inlets and channels of the state with fed-
eral funds on designated beaches and eroding wetlands. Under
a memorandum of agreement, dated July 27, 2001, between the
Land Office and the Corps covering 33 federally maintained nav-
igational channels, the state may choose to participate in Corps
dredging projects and is obligated to pay the difference between
the estimated cost of traditional disposal of material dredged
from a federally maintained channel and the actual cost of dredg-
ing and placement of that material onto a designated beach or
coastal area. Costs of dredging and placement include trans-
portation, material, fuel, engineering, design, and construction
management. This cost differential can result in a substantial
savings to the state and qualified project partners as compared
to upland sources for material for beach nourishment or wetland
restoration, depending on the proximity of the source of dredged
material to the placement area. For example, upland sources
of beach-quality sand including transportation costs can be as
much as $10.00 per cubic yard. Projects undertaken with the
Corps providing for beach placement of dredged material have
resulted in costs to the state of approximately $1.00 to $5.00 per
cubic yard, depending on the scope of the project and the pump-
ing distance of the dredged material.
Bill Peacock, Deputy Commissioner for the Coastal Resources
Program Area, has determined that for the first five-year period
that the proposed rulemaking is in effect there will be no fiscal
implications for state government. There will be fiscal implica-
tions for the local governments as a result of reducing the per-
centage for the qualified project partner's cost-sharing require-
ment. It is estimated that local governments that elect to par-
ticipate in CEPRA projects will experience a 40% reduction in
costs for a project of the same scope and size for each year of
the first five-year period that the proposed new rules are in ef-
fect. For example, for a project with a total cost of $1,000,000.00,
the project partner's cost-sharing requirement would be reduced
from $250,000.00 to $150,000.00 resulting in a cost savings to
the local government of $100,000.00 or 40%. In an area where
erosion response projects are constructed, local governmentsmay benefit from increased tax revenues from enhanced prop-
erty values.
Mr. Peacock also has determined that for each year of the first
five-year period the proposed rulemaking is in effect, the pub-
lic benefit will be that public beaches, public and private coastal
property, and coastal natural resources will be preserved, en-
hanced, or restored, or that losses sustained by these public
and private resources will be reduced. In addition, the new sec-
tion pertaining to guidelines for beneficial use of dredged mate-
rial will enable the state and qualified project partners to obtain
material to nourish beaches or restore wetlands at relatively low
cost, while at the same time preserving the quality and character
of the beaches or wetlands. Mr. Peacock has determined that
there will be no additional cost of compliance for small or large
businesses or individuals.
The Land Office has determined that the proposed rulemaking
will have no local employment impact that requires an impact
statement pursuant to the Government Code, 2001.022.
The proposed rulemaking is not subject to the Texas Coastal
Management Program (CMP), 31 TAC 505.11(a)(1), relating to
the Actions and Rules Subject to the Coastal Management Pro-
gram. Individual erosion response projects undertaken in com-
pliance with these rules may be subject to the CMP, and consis-
tency withthe CMP will be individually determined at the appro-
priate stage of project planning.
The Land Office has prepared a takings impact assessment for
the proposed rulemaking pursuant to Texas Government Code,
2007.043(b), and 2.18 of the Attorney General's Private Real
Property Rights Preservation Act Guidelines. The following is a
summary of the analysis. The stated purpose of this rulemaking
action is to outline the process by which the Land Office eval-
uates and assists in the funding of coastal erosion studies and
projects in cooperation with qualified project partners and pro-
vide for evaluation by the Land Office of the suitability of dredged
material, considering sediment composition, relative cost of ma-
terial, and adverse environmental impacts. The proposed action
achieves the stated purpose in accordance with the CEPRA. The
proposed rulemaking does not place any additional burdens on
private real property. The Land Office has determined that the
proposed rulemaking will not result in a taking of private prop-
erty.
To receive a copy of the takings impact assessment or com-
ment on the proposed rulemaking, please send a written
request or comment to Melinda Tracy, Texas Register Liaison,
Texas General Land Office, P.O. Box 12873, Austin, Texas
78711-2873, facsimile number (512) 463-6311 or e-mail to
melinda.tracy@glo.state.tx.us. Comments must be received no
later than 30 days from the date of publication of this proposal.
31 TAC 15.21 - 15.23
(Editor's note: The text of the following sections proposed for repeal
will not be published. The sections may be examined in the offices of the
General Land Office or in the Texas Register office, Room 245, James
Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal of 15.21 - 15.23 is proposed under the authority
of Texas Natural Resources Code, 33.602(c), which authorizes
the commissioner to adopt rules as necessary to implement a
program of coastal erosion avoidance, remediation, and plan-
ning.
Texas Natural Resources Code 33.602(c) is affected by these
repeals.28 TexReg 2916 April 4, 2003 Texas Register
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Texas. Secretary of State. Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003, periodical, April 4, 2003; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101027/m1/95/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.