1. (a) If an applicant requests funding for an emergency relief project, the executive administrator shall review all information relevant to the emergency, proposed project, status of environmental review of the proposed project, known issues with the natural or cultural environment of the project area, and availability of funding. The executive administrator shall forward this information and the executive administrator's recommendation to the Board for the Board's determination whether an emergency condition is present.

2. (b) If an emergency condition described in §371.40(7) of this title (relating to Definitions) is present, the Board may authorize funding for the emergency relief project, subject to availability of funds, without full preparation or public review of NEPA review documentation (including a CE determination, EA, or EIS) if the Board determines that:

   1. (1) delaying commencement of project construction during the period it would take to prepare, review, and circulate NEPA documentation, would increase the imminent peril to public health, safety, environment, or welfare; and
   2. (2) consultations required by the Endangered Species Act and National Historic Preservation Act have been completed.
3. (c) The Board may require any special conditions appropriate to minimize any potential for adverse impact due to abbreviated or expedited review.

Source Note:The provisions of this §371.51 adopted to be effective January 9, 2012, 36 TexReg 9336.