(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.
(b) If an emergency condition described in §371.40(3) 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 finding, EA, or EIS) if the executive administrator determines that:
  (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) consultations required by the Endangered Species Act and National Historic Preservation Act have been completed.
(c) Special conditions appropriate to minimize any potential for adverse impact due to abbreviated or expedited review may be required.

Source Note: The provisions of this §371.52 adopted to be effective July 4, 2016, 41 TexReg 4844