§ 1465. Appeals to the Secretary
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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, 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.
(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.)
Connections66 cite this · traces to 1
Cited by 66 sections · top 36
U.S. Code
register
- NoticesNotice of Stay—Closure of Administrative Appeal Decision Record
- NoticesDEPARTMENT OF COMMERCE
- NoticesNotice of closure—administrative appeal decision record
- NoticesNotice of Closure—Administrative Appeal Decision Record
- NoticesProposed rule
- NoticesNotice of closure—administrative appeal decision records
- NoticesNotice
- NoticesNotice of Closure—Administrative Appeal Decision Record
- NoticesNotice of extension of time—administrative appeal decision
- NoticesNotice of closure—administrative appeal decision record
- NoticesNotice of closure—administrative appeal decision record
- Proposed RulesAdvance notice of proposed rulemaking
- NoticesNotice of closure—administrative appeal decision record
- NoticesNotice—extension of time to issue a decision
- NoticesNotice of information collection, request for comment
- NoticesNotice of stay of record closure
- NoticesNotice of extension of time to issue a decision
- NoticesNotice of closure—administrative appeal decision record
- NoticesNotice of corrected decision of Extraordinary Challenge Committee
- NoticesNotice of closure—administrative appeal decision record
- Proposed RulesNotice of proposed rulemaking (NPRM)
- NoticesDEPARTMENT OF COMMERCE
- Rules and RegulationsFinal rule
- NoticesNotice of extension of time to issue a decision
- NoticesNotice of closure—administrative appeal decision record
- UnknownConfirmation of regulations
- NoticesNotice of stay—closure of administrative appeal decision record
statutes-at-large
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U.S. Code
7 references not yet in our index
- Pub. L. 89–454, title III, § 319
- Pub. L. 104–150, § 8
- 110 Stat. 1382
- Pub. L. 109–58, title III, § 381
- 119 Stat. 737
- Pub. L. 89–454
- Pub. L. 109–58
Citation graph
cites case law
§ 1465
Appeals to the Secretary
Fed. Reg.×56
Stat. Comp.×3
Stat.×3
U.S.C.×3
C.F.R.×1
Pub. L.Pub. L. 89–454, title III, § 319
Pub. L.Pub. L. 104–150, § 8
Stat.110 Stat. 1382
Pub. L.Pub. L. 109–58, title III, § 381
Stat.119 Stat. 737
Cites 8 · showing 6Cited by 66 across 5 sources