Texas Register, Volume 28, Number 14, Pages 2821-2988, April 4, 2003 Page: 2,918
2821-2988 p. ; 28 cm.View a full description of this periodical.
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(ii) whether federal andlocal financial participationin
the projectis maximized;
(iii) whether the project achieves efficiencies and
economies of scale;
(iv) therelative severity of erosion in each area;
(v) the needs in other critical coastal erosion areas;
(vi) whether the proposed project will address an
emergency erosion situation in the area; and
(vii) the cost of the proposed project in relation to the
amount of money available in the coastal erosion response account.
(E) The Land Office will conduct the initial evaluation
in consultation and coordination with the potential project partner, as
deemed necessary by the Land Office. Based on the initial evaluation, the
Land Office will designate proposed projects as either priority projects or
alternate projects.
(i) If, as a result of the initial evaluation, the Land
Office designates a potential project as an alternate project, the potential
project partner will be notified in writing. The Land Office will retain the
project goal summary and may reevaluate it if future conditions warrant
funding the project in the current state fiscal biennium. The project
goal summary must be resubmitted by the potential project partner for
consideration for funding in a subsequent state fiscal biennium.
(ii) If the Land Office's initial evaluation results in a
designation of a proposed project as a priority project, the Land Office
will invite the potential project partner to continue to work cooperatively
with the Land Office by becoming a qualified project partner.
(2) Evaluation of preferred alternatives with qualified
project partners for priority projects.
(A) The Land Office and potential project partner for
a priority project must enter into a project cooperation agreement to
continue the evaluation process. Upon entering into aproject cooperation
agreement, the potential project partner will become a qualified project
partner. The Land Office and qualified project partner will cooperatively
evaluate alternatives for addressing the erosion problem(s) identified in
the project goal summary of a priority project.
(B) The project cooperation agreement with the qualified
project partner will explicitly define the activities to be undertaken by
the Land Office and the qualified project partner in the evaluation of
alternatives. Funds expended by a qualified project partner in confor-
mance with the project cooperation agreement can be used to offset the
qualified project partner's cost-sharing requirement. The Land Office
may, at its sole discretion, fund studies or activities that are part of the
alternatives-evaluation process.
(C) During the alternatives-evaluation process, the Land
Office will evaluate projects based on the following criteria:
(i) the feasibility and cost-effectiveness of preferred
alternative projects in meeting the goals of the project goal summary; and
(ii) whether the qualified project partner has already
made or received a binding commitment to fund all or a portion of a given
project.
(D) The Land Office will determine whether a qualified
project partner shouldreceive funds from the coastal erosion response ac-
count based on the final prioritization of preferred alternatives according
to the considerations detailed in subparagraph (C) of this paragraph.
15.42. Funding Projects From the Coastal Erosion Response Ac-
count.(a) If the Land Office determines that a project should receive
funds from the coastal erosion response account, the Land Office and the
qualified project partner will amend the project cooperation agreement
that was entered into earlier in the evaluation process. The Land Office
shall explicitly describe in the amended project cooperation agreement
the terms and conditions under which the Land Office will fund the
project.
(b) Qualified project partners are required to pay at least 15%
of the shared project costs in accordance with Texas Natural Resources
Code, 33.603(c).
(1) The project cooperation agreement shall specify the
terms of the qualified project partner's commitment to pay at least 15%
of shared project costs.
(2) No costs incurredby apotential project partnerbeforebe-
coming a qualified project partner by entering into a project cooperation
agreement with the Land Office may be used to offset the 15% cost-shar-
ing requirement of the CEPRA.
(3) In-kind goods or services provided by the qualified
project partner after entering into a project cooperation agreement with
the Land Office may offset the 15% cost-sharing requirement, if the
qualified project partner provides the Land Office with a reasonable
basis for estimating the monetary value of those goods or services. The
decision on whether to allow any in-kind good or service to offset the 15%
cost-sharing requirement is in the sole discretion of the Land Office.
(4) Local governments that receive financial assistance from
the state to clean and maintain public beaches fronting the Gulf of Mexico
under Chapter 25 of this title, relating to Beach Cleaning and Maintenance
Assistance Program, will not be allowed to use funds received under that
program to meet the 15% cost-sharing requirement.
15.43. CoastalBoundary Surveys and Landowner Consent.
(a) No person may undertake an action relating to erosion
response on or immediately landward of a public beach or submerged
land until the person has conducted and filed a coastal boundary survey
with the Land Office in accordance with Texas Natural Resources Code,
33.136.
(1) If a coastal boundary survey for the area of an erosion
response project that may be funded from the coastal erosion response
account has previously been approved and filed with the Records and
Archives Division of the Land Office, upon the request of the qualified
project partner the Land Office shall determine whether that survey
adequately reflects current conditions. If the survey adequately reflects
current conditions, the Land Office may determine that a new coastal
boundary survey is not required before the project is constructed. The
decision of whether a new survey is required before construction of an
erosion response project is in the sole discretion of the Land Office.
(2) The boundary depicted on any coastal boundary survey
that is required before funding a project from the coastal erosion response
account shall be delineated according to the law under which the upland
property was originally granted by the sovereign.
(b) A coastal erosionresponse project on permanent school fund
land may not be undertaken without obtaining the written consent of the
school land board in accordance with Texas Natural Resources Code,
33.609.
(c) A coastal erosion response project on private property other
than that encumbered by the common law rights of the public affirmed by
Texas Natural Resources Code, Chapter 61, may not be undertaken with-
out obtaining the consent of the property owner in accordance with Texas
Natural Resources Code, 33.609.
15.44. Beneficial Use ofDredged Material.28 TexReg 2918 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/m1/97/: accessed May 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.