| (6) Good-faith effort made by the consulting agencies. In formulating an enforcement policy regarding a violation of this subsection (relating to the consultation process) the commission may consider any good-faith effort made by the consulting agencies to comply. (e) Regionally significant, non-federal projects. For the purposes of 40 CFR §93.121, adoption or approval of a regionally significant, non-federal project (a regionally significant project that does not require FHWA or FTA approval or funding) occurs when affected agencies that are recipients of federal funds designated under 23 USC or the federal transit laws take one of the following actions: (1) board approval, action, or resolution (such approval, action, or resolution does not include MPO approval for the purposes of approving a project in a currently conforming MTP or TIP); (2) issuance of administrative permits for the regionally significant project; (3) action of official authorizing the regionally significant project to proceed; (4) providing grants or loans for the construction of a regionally significant project; or (5) contract execution for the regionally significant project. (f) Compliance date. Compliance with this section is required for transportation conformity determinations that begin the interagency consultation process after the date of EPA approval of the transportation conformity SIP associated with this rule. |
| Source Note: The provisions of this §114.260 adopted to be effective December 1, 1997, 22 TexReg 11388; amended to be effective December 13, 1998, 23 TexReg 12428; amended to be effective May 22, 2003, 28 TexReg 3972; amended to be effective May 19, 2005, 30 TexReg 2856; amended to be effective July 19, 2007, 32 TexReg 4404 |
