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16 U.S.C. § 1465 — Appeals to the Secretary

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1465 — Appeals to the Secretary

**(a) Notice** Not later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under [section 1456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1456&num=0&edition=prelim), the Secretary shall publish an initial notice in the Federal Register. **(b) Closure of record** (1) **In general** — Not later than the end of the 160-day period beginning on the date of publication of an initial notice under subsection (a), except as provided in paragraph (3), the Secretary shall immediately close the decision record and receive no more filings on the appeal. (2) **Notice** — After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed. (3) **Exception** (A) *In general* — Subject to subparagraph (B), during the 160-day period described in paragraph (1), the Secretary may stay the closing of the decision record— (i) for a specific period mutually agreed to in writing by the appellant and the State agency; or (ii) as the Secretary determines necessary to receive, on an expedited basis— (I) any supplemental information specifically requested by the Secretary to complete a consistency review under this chapter; or (II) any clarifying information submitted by a party to the proceeding related to information in the consolidated record compiled by the lead Federal permitting agency. (B) *Applicability* — The Secretary may only stay the 160-day period described in paragraph (1) for a period not to exceed 60 days. **(c) Deadline for decision** (1) **In general** — Not later than 60 days after the date of publication of a Federal Register notice stating when the de

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Stable record: federal_law:legal_authorities:record_usc_523019f92b13403bf8663ab2
Source file: Laws/federal/codes/united-states-code/title-16/section-1465-appeals-to-the-secretary--e5cca5ad56.md
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Source location: Title 16, Chapter 33, § 1465; chapter-033-coastal-zone-management.md

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**(a) Notice** Not later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under [section 1456 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1456&num=0&edition=prelim), the Secretary shall publish an initial notice in the Federal Register. **(b) Closure of record** (1) **In general** — Not later than the end of the 160-day period beginning on the date of publication of an initial notice under subsection (a), except as provided in paragraph (3), the Secretary shall immediately close the decision record and receive no more filings on the appeal. (2) **Notice** — After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed. (3) **Exception** (A) *In general* — Subject to subparagraph (B), during the 160-day period described in paragraph (1), the Secretary may stay the closing of the decision record— (i) for a specific period mutually agreed to in writing by the appellant and the State agency; or (ii) as the Secretary determines necessary to receive, on an expedited basis— (I) any supplemental information specifically requested by the Secretary to complete a consistency review under this chapter; or (II) any clarifying information submitted by a party to the proceeding related to information in the consolidated record compiled by the lead Federal permitting agency. (B) *Applicability* — The Secretary may only stay the 160-day period described in paragraph (1) for a period not to exceed 60 days. **(c) Deadline for decision** (1) **In general** — Not later than 60 days after the date of publication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a decision or publish a notice in the Federal Register explaining why a decision cannot be issued at that time. (2) **Subsequent decision** — Not later than 15 days after the date of publication of a Federal Register notice explaining why a decision cannot be issued within the 60-day period, the Secretary shall issue a decision.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1456 — Coordination and cooperation

**(a) Federal agencies** In carrying out his functions and responsibilities under this chapter, the Secretary shall consult with, cooperate with, and, to the maximum extent practicable, coordinate his activities with other interested Federal agencies. **(b) Adequate consideration of views of Federal agencies** The Secretary shall not approve the management program submitted by a state pursuant to [section 1455 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1455&num=0&edition=prelim) unless the views of Federal agencies principally affected by such program have been adequately considered. **(c) Consistency of Federal activities with State management programs; Presidential exemption; certification** (1) (A) Each Federal agency activity within or outside the coastal zone that affects any land or water use or natural resource of the coastal zone shall be carried out in a manner which is consistent to the maximum extent practicable with the enforceable policies of approved State management programs. A Federal agency activity shall be subject to this paragraph unless it is subject to paragraph (2) or (3). (B) After any final judgment, decree, or order of any Federal court that is appealable under section 1291 or 1292 of title 28, or under any other applicable provision of Federal law, that a specific Federal agency activity is not in compliance with subparagraph (A), and certification by the Secretary that mediation under subsection (h) is not likely to result in such compliance, the President may, upon written request from the Secretary, exempt from compliance those elements of the Federal agency activity that are found by the Federal court to be inconsistent with an approved State program, if the President determines that

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 717n — Process coordination; hearings; rules of procedure

**(a) Definition** In this section, the term “Federal authorization”— (1) means any authorization required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim); and (2) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to an application for authorization under [section 717b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717b&num=0&edition=prelim) or a certificate of public convenience and necessity under [section 717f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section717f&num=0&edition=prelim). **(b) Designation as lead agency** (1) **In general** — The Commission shall act as the lead agency for the purposes of coordinating all applicable Federal authorizations and for the purposes of complying with the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). (2) **Other agencies** — Each Federal and State agency considering an aspect of an application for Federal authorization shall cooperate with the Commission and comply with the deadlines established by the Commission. **(c) Schedule** (1) **Commission authority to set schedule** — The Commission shall establish a schedule for all Federal authorizations. In establishing the schedul

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1451 — Congressional findings

The Congress finds that— **(a)** There is a national interest in the effective management, beneficial use, protection, and development of the coastal zone. **(b)** The coastal zone is rich in a variety of natural, commercial, recreational, ecological, industrial, and esthetic resources of immediate and potential value to the present and future well-being of the Nation. **(c)** The increasing and competing demands upon the lands and waters of our coastal zone occasioned by population growth and economic development, including requirements for industry, commerce, residential development, recreation, extraction of mineral resources and fossil fuels, transportation and navigation, waste disposal, and harvesting of fish, shellfish, and other living marine resources, have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion. **(d)** The habitat areas of the coastal zone, and the fish, shellfish, other living marine resources, and wildlife therein, are ecologically fragile and consequently extremely vulnerable to destruction by man’s alterations. **(e)** Important ecological, cultural, historic, and esthetic values in the coastal zone which are essential to the well-being of all citizens are being irretrievably damaged or lost. **(f)** New and expanding demands for food, energy, minerals, defense needs, recreation, waste disposal, transportation, and industrial activities in the Great Lakes, territorial sea, exclusive economic zone, and Outer Continental Shelf are placing stress on these areas and are creating the need for resolution of serious conflicts among important and competing uses and values in coastal and ocean waters; 11 So

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1466 — Appeals relating to offshore mineral development

For any Federal administrative agency proceeding that is an appeal or review under section 319 of the Coastal Zone Management Act of 1972 ([16 U.S.C. 1465](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1465&num=0&edition=prelim)) related to any Federal authorization for the permitting, approval, or other authorization of an energy project, the lead Federal permitting agency for the project shall, with the cooperation of Federal and State administrative agencies, maintain a consolidated record of all decisions made or actions taken by the lead agency or by another Federal or State administrative agency or officer. Such record shall be the initial record for appeals or reviews under that Act, provided that the record may be supplemented as expressly provided pursuant to section 319 of that Act.

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1465 — Appeals to the Secretary

Page 1903 TITLE 16—CONSERVATION § 1466 1976—Subsec. (a)(1). Pub. L. 94–370, § 14, substituted provisions authorizing appropriations of sums not to exceed $20,000,000 for each of the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, and Sept. 30, 1979 for provi- sions authorizing appropriations of the sum of $9,000,000 for the fiscal year ending June 30, 1973, and for each of the fiscal years 1974 through 1977. Subsec. (a)(2). Pub. L. 94–370, § 14, substituted provi- sions authorizing appropriations of sums not to exceed $50,000,000 for each of the fiscal years ending Sept. 30, 1977, Sept. 30, 1978, Sept. 30, 1979, and Sept. 30, 1980 for provisions authorizing appropriations of sums not to exceed $30,000,000 for the fiscal year ending June 30, 1974, and for each of the fiscal years 1975 through 1977. Subsec. (a)(3). Pub. L. 94–370, § 14, substituted provi- sions authorizing appropriations of sums not to exceed $50,000,000 for each of the 8 fiscal years occurring during the period beginning Oct. 1, 1976, and ending Sept. 30, 1984, as may be necessary for grants under section 1456a(b) of this title for provisions authorizing appro- priations of sums not to exceed $6,000,000 for the fiscal year ending June 30, 1974, as may be necessary for grants under section 1461 of this title, to remain avail- able until expended. Subsec. (a)(4) to (8). Pub. L. 94–370, § 14, added pars. (4) to (8). Subsec. (b). Pub. L. 94–370, § 14, substituted provisions authorizing appropriations until Oct. 1, 1986 to the Fund of sums not to exceed $800,000,000 for the purpose of carrying out provisions of section 1456a of this title, other than subsec. (b) of such section, of which sums not to exceed $50,000,000 shall be for purposes of sub- secs. (c) and (d)(4) of such sec

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