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 section for provisions author- izing appropriations of sums not to exceed $3,000,000, for fiscal year 1973 and for each of the four succeeding fis- cal years, as may be necessary for administrative ex- penses for administration of this chapter. Subsec. (c). Pub. L. 94–370, § 14, added subsec. (c). 1975—Subsec. (a)(1). Pub. L. 93–612, § 1(3)(A), increased from $9,000,000 to $12,000,000 the sums authorized to be appropriated for the 3 fiscal years following the fiscal year 1974. Subsec. (a)(3). Pub. L. 93–612, § 1(3)(B), inserted ‘‘and for each of the three succeeding fiscal years,’’ after ‘‘fiscal year ending June 30, 1974,’’. § 1465. Appeals to the Secretary (a) Notice Not later than 30 days after the date of the fil- ing of an appeal to the Secretary of a consist- ency determination under section 1456 of this title, the Secretary shall publish an initial no- tice 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 ini- tial notice under subsection (a), except as pro- vided in paragraph (3), the Secretary shall im- mediately close the decision record and re- ceive 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 administra- tive 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 deci- sion record— (i) for a specific period mutually agreed to in writing by the appellant and the State agency; or (ii) as the Secretary determines nec- essary to receive, on an expedited basis— (I) any supplemental information spe- cifically requested by the Secretary to complete a consistency review under this chapter; or (II) any clarifying information sub- mitted by a party to the proceeding re- lated to information in the consolidated record compiled by the lead Federal per- mitting 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 pub- lication of a Federal Register notice stating when the decision record for an appeal has been closed, the Secretary shall issue a deci- sion or publish a notice in the Federal Reg- ister explaining why a decision cannot be issued at that time. (2) Subsequent decision Not later than 15 days after the date of pub- lication of a Federal Register notice explain- ing why a decision cannot be issued within the 60-day period, the Secretary shall issue a deci- sion. (Pub. L. 89–454, title III, § 319, as added Pub. L. 104–150, § 8, June 3, 1996, 110 Stat. 1382; amended Pub. L. 109–58, title III, § 381, Aug. 8, 2005, 119 Stat. 737.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(3)(A)(ii)(I), was in the original ‘‘this Act’’ which was translated as reading ‘‘this title’’, meaning title III of Pub. L. 89–454 which is classified generally to this chapter, to reflect the probable intent of Congress. AMENDMENTS 2005—Pub. L. 109–58 amended section catchline and text generally, substituting provisions relating to no- tice, closure of record, and deadline for decision for provisions relating to notice, deadline for decision, and application of section. § 1466. Appeals relating to offshore mineral de- velopment For any Federal administrative agency pro- ceeding that is an appeal or review under sec- tion 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465) related to any Federal au- thorization 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 consoli- dated 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 pur- suant to section 319 of that Act.