Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,917
2821-2988 p. ; 28 cm.View a full description of this periodical.
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15.21. Evaluation Process For Coastal Erosion Studies And
Projects.
15.22. Funding Projects From the Coastal Erosion Response Ac-
count.
15.23. Coastal Boundary Surveys.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on March 21,2003.
TRD-200301881
Larry L. Laine
Chief Clerk, Deputy Commissioner
General Land Office
Earliest possible date of adoption: May 4, 2003
For further information, please call: (512) 305-9129
31 TAC 15.41 - 15.44
The new rules are proposed under the Texas Natural Resources
Code, 33.602(c) which provides the commissioner of the Gen-
eral Land Office with the authority to adopt rules to implement
Subchapter H, Chapter 33, Texas Natural Resources Code,
concerning coastal erosion and the Texas Natural Resources
Code, 33.602(d) which provides the commissioner of the
General Land Office with the authority to adopt rules concerning
the beneficial use of dredged material.
Texas Natural Resources Code, 33.601 - 33.605 are affected
by the proposed new rules.
15.41. Evaluation Process For CoastalErosion StudiesAndProjects.
The General Land Office (Land Office) willevaluatepotentialprojects for
funding from the coastal erosion response account based on a two-stage
evaluation process as described in this section, including an initial
evaluation of project goal summaries followed by a further evaluation of
preferred alternatives.
(1) Initial evaluation of project goal summaries submitted to
the Land Officeby potential projectpartners.
(A) A potential project partner seeking funds from the
coastal erosion response account must submit a project goal summary to
the Land Officeno later than December 1 of the first year of the state fiscal
biennium in which funding is sought; provided that the Land Office in its
discretion may accept a project summary that will address an emergency
situation after December 1. The project goal summary must include the
following:
(i) the name of the entity that will be the potential
project partner and the name, mailing address, email address, facsimile
number, and telephone number of the person who will represent the
potential project partner and be the primary point of contact with the Land
Office;
(ii) the location and geographic scope of the erosion
problem;
(iii) a description of the erosion problem and the
severity of erosion in the area;
(iv) the economic impacts of erosion in the area;
(v) a description of how public infrastructure and
resources orprivatepropertyhavebeenimpacted orthreatenedby erosion
in the area;(vi) the natural resource impacts of erosion in the area;
(vii) the estimated cost to complete the erosion
response project;
(viii) whether the project will incorporate the benefi-
cial use of dredged materials;
(ix) potential cosponsors and sources of funding with
an estimated percentage of the project to funded with non-state funds;
(x) whether the potential partner can make a binding
funding commitment of at least 15% of the total estimated project cost;
(xi) a description of an emergency erosion situation
the project is intended to address, if any; and
(xii) the desired outcome or goals of the project for
which funding is sought from the coastal erosion response account.
(B) The Land Office will accept project goal summaries
by.
(i) mail sent to the General Land Office, Attn: Direc-
tor, Coastal Resources ProgramArea, Coastal Stewardship Division, P.O.
Box 12873, Austin, TX 78711-2873;
(ii) fax sentto (512)475-0680; or
(iii) email sentto coastalprojects @glo.state.tx.us.
(C) The Land Office will evaluate and rank project goal
summaries received based on the following criteria:
(i) the feasibility and cost-effectiveness of the pro-
posedproject;
(ii) the economic impacts of erosion in the area of the
proposed project;
(iii) the effect of the proposed project on public infra-
structure or resources threatened by erosion;
(iv) the effect of the proposed project on natural
resources threatened by erosion;
(v) the effect of the proposed project on private prop-
erty threatenedby erosion;
(vi) if the project is located within the jurisdiction of
a local government that administers a beach/dune program, whether the
local government is adequately administering its duties under the Open
Beaches Act (Texas Natural Resources Code, Chapter 61) and the Dune
Protection Act (Texas Natural Resources Code, Chapter 63);
(vii) whether the project will provide for beneficial
use of beach-quality sand dredged in constructing and maintaining
navigation inlets and channels of the state; and
(viii) whether funding can be leveraged with sources
other than the coastal erosion response account; and
(ix) whether the potential project partner has already
made or received a binding commitment to fund all or a portion of a given
project.
(D) After ranking proposed projects according to the cri-
teria detailed in subparagraph (C) of this paragraph, the Land Office will
further evaluate project goal summaries received based on the following
priority criteria:
(i) whether funding the proposed project will con-
tribute to balance in the geographic distribution of benefits for coastal
erosion response projects in Texas that are proposed or have received
funding from the coastal erosion response account;PROPOSED RULES April 4, 2003 28 TexReg 2917
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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/m1/96/: accessed June 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.