made not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that— (I) the designation of such population census tract was consistent with the purposes of this subchapter, or (II) the median family income for the population census tract does not exceed 130 percent of the national median family income as published by Department of Housing and Urban Development or the CDFI Fund. (C) Election to include additional population census tracts (i) In general A population census tract is described in this subparagraph if the Secretary, upon the request of the chief executive officer of the State submitted not later than 60 days after the date the Secretary publishes the list described in paragraph (4)(A), determines that the continued designation of such population census tract as a qualified opportunity zone is not consistent with the purposes of this subchapter. (ii) Consultation No population census tract nominated under clause (i) may be designated as a qualified opportunity zone unless the chief executive officer of the State certifies in writing to the Secretary that the chief executive officer has consulted with the chief executive officer (or the equivalent) of each local jurisdiction in which the population census tract is located. (iii) Regulations and guidance Not later than the date on which the Secretary publishes the final list of disqualified census tracts under paragraph (4)(B), the Secretary shall issue regulations or guidance with respect to the criteria to be used for making a determination by the Secretary under clause (i). (4) Identification and publication of disqualified census tracts (A) Initial identification As soon as practical, but not later than 12 months after the date of the enactment of this subsection, the Secretary shall make public— (i) a list of population census tracts described in paragraph (3)(B) (determined without regard to clause (iii) thereof), and (ii) a list of population census tracts which are low-income communities