| (a) The General Land Office (GLO) will conduct an evaluation
of potential coastal erosion studies and projects to designate funding
for qualifying projects from the coastal erosion response account
(Account). The evaluation process will consist of a review by the
GLO of Coastal Resources Funding Application (Applications) to identify
priority projects for funding. Throughout the evaluation process,
the goal of the GLO is to work cooperatively with qualified project
partners to identify and select preferred erosion response solutions
to address erosion problems identified in the Applications.
(1) For purposes of this section, erosion is presumed
if:
(A) a portion of the Gulf of Mexico (Gulf) shoreline
is experiencing a historical erosion rate of greater than two feet
per year based on the published data of the University of Texas at
Austin Bureau of Economic Geology;
(B) a portion of the bay area is experiencing documented
erosion;
(C) a portion of the gulf shoreline or bay area has
been the subject of an erosion response project and it has been determined
that maintenance is required; or
(D) a portion of the gulf shoreline or bay area has
been impacted by a storm event and remediation is required to reestablish
the preexisting conditions of the site.
(2) To be considered for funding under the Account,
a potential project partner must submit an Application to the GLO
by the GLO’s established submission deadline.
(A) The submitted Application must include the following
information to be considered complete:
(i) the name of the entity that will be the potential
project partner and the name, mailing address, email address, and
telephone number of the person who will represent the potential project
partner and be the primary point of contact with the GLO;
(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) a description of the project or study and how
the project or study will lessen the negative economic impacts of
the erosion problem;
(v) a description of how the project or study will
benefit the public infrastructure, and coastal property that has been
impacted or threatened by erosion;
(vi) a description of the natural resources impacted
or threatened by erosion in the area;
(vii) the estimated cost to complete the project or
study;
(viii) whether the project will incorporate the beneficial
use of dredged materials;
(ix) whether any potential or committed sources of
funding, other than from the Account, will be provided with a description
of the total contribution amount and estimated percentage of the project
to be funded;
(x) whether the potential project partner can make
a binding funding commitment to meet the required percentage of the
Account’s shared project cost necessary to receive funding from
the Account;
(xi) the desired outcome or goals of the project for
which funding is sought from the Account;
(xii) if available, the feasibility and cost-effectiveness
of the project;
(xiii) if available, the economic impacts of erosion
in the area of the project;
(xiv) identification of the project category for which
funding is sought from the Account and a description of the partners
proposed cost share:
(I) if the project includes a beach nourishment and
associated enhancements project on a public beach or bay shore, the
qualified project partner’s shared project cost, as compared
to the Account’s contribution, must be at least 25 percent.
Beach nourishment and associated enhancements are defined as activities
that include direct placement of beach-quality sand to create or maintain
a beach. It also includes associated construction or enhancements
to the dune system;
(II) if the project includes a marsh restoration project,
a bay shoreline protection project other than a beach nourishment
and associated enhancements project, or any other coastal erosion
response study or project, the qualified project partner’s shared
project cost, as compared to the Account’s contribution, must
be at least 40 percent;
(III) a project for removal of debris or structures,
relocation of structures from the public beach, including the purchase
of property located on a public beach, or the acquisition of property
necessary for the construction, reconstruction, maintenance, widening,
or extension of an erosion response project with a shared project
cost requirement to be determined by the GLO, in accordance with subsections
(b)(11) - (13) and (h) of Texas Natural Resources Code, §33.603;
(IV) a structural shoreline protection project on or
landward of a public beach that utilizes innovative technologies,
designed or engineered to minimize beach scour, in accordance with
Texas Natural Resources Code, §33.603(b)(14); or
(V) an erosion response demonstration project in accordance
with Texas Natural Resources Code, §33.603(g);
(VI) whether the project for which funding is sought
from the Account is being sought without a shared project cost requirement
in accordance with Texas Natural Resources Code, §33.603(f);
(xv) whether there is a permit associated with the
project;
(xvi) a description of how the project is consistent
with the Coastal Management Plan’s enforceable policies set
out in 31 TAC §501.26(b) (relating to Policies for Construction
in the Beach/Dune System), and identification of whether the project
involves structural shoreline protection on or landward of a public
beach; and
(xvii) whether the potential project partner seeks
to manage the project or requests that the GLO manage the project.
(B) The GLO will evaluate received Applications based
on the following general requirements:
(i) the feasibility and cost-effectiveness of the project;
(ii) the economic impacts of erosion in the area of
the project;
(iii) the effect of the project on public property,
public infrastructure, private property, or natural resource threatened
by erosion;
(iv) the effect of the project on Coastal Natural Resource
Areas threatened by erosion;
(v) if the project is located within the jurisdiction
of a local government that administers a beach/dune plan:
(I) whether the local government is adequately administering
the Open Beaches Act (Texas Natural Resources Code, Chapter 61) and
the Dune Protection Act (Texas Natural Resources Code, Chapter 63);
and
(II) whether the local government has implemented an
erosion response plan for reducing public expenditures due to erosion
and storm damage losses established under Texas Natural Resources
Code, §33.607, and §15.17 of this title (relating to Local
Government Erosion Response Plans);
(vi) whether the project will provide for beneficial
use of beach-quality sand dredged in constructing and maintaining
navigation inlets and channels of the state;
(vii) whether the potential project partner has leveraged
other sources of funding and already made or received a binding commitment
to fund all or a portion of a given project;
(viii) if the project involves the construction or
retrofitting of dams, jetties, groins or other structural impoundments,
whether such structures will be designed with a sediment bypass system;
and
(ix) if the project involves structural shoreline protection
on or landward of a public beach, whether such project uses innovative
technologies designed or engineered to minimize beach scour in accordance
with Texas Natural Resources Code, §33.603(b)(14) and is consistent
with the Coastal Management Plan’s enforceable policies set
out in 31 TAC §501.26(b) of this title (relating to Policies
for Construction in the Beach/Dune System).
(C) After conducting an evaluation according to the
general requirements identified in subparagraph (B) of this paragraph,
the GLO will further evaluate received Applications based on the following
priority criteria:
(i) the relative severity of erosion in each area;
(ii) whether the project will enhance community resiliency;
(iii) the needs in other critical coastal erosion areas;
(iv) whether federal and local governmental financial
participation in the project is maximized;
(v) whether financial participation by private beneficiaries
of the project is maximized;
(vi) whether the project achieves efficiencies and
economies of scale;
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