§ 1465. Appeals to the Secretary

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Marine Resources and Engineering Development Act of 1966

   Pub. L. 89–454 title III § 319 · 80 Stat. 203

   Enacted · 16 U.S.C. § 1465

   Pub. L. 89–454, title III, § 319, as added Pub. L. 104–150, § 8, June 3, 1996, 110 Stat. 1382

   Source evidence

   Code source credit
   Pub. L. 89–454, title III, § 319, as added Pub. L. 104–150, § 8, June 3, 1996, 110 Stat. 1382

2. 2005

   Energy Policy Act of 2005

   Pub. L. 109–58 title III § 381 · 119 Stat. 594

   1. Amended · 16 U.S.C. § 1465

      Pub. L. 109–58 amended section catchline and text generally

   2. Substituted · 16 U.S.C. § 1465

      Pub. L. 109–58 substituting provisions relating to notice, closure of record, and deadline for decision for provisions relating to notice, deadline for decision, and application of section

   Source evidence

   Code amendment note
   Pub. L. 109–58 amended section catchline and text generally, substituting provisions relating to notice, closure of record, and deadline for decision for provisions relating to notice, deadline for decision, and application of section.

   Enacted provision · exact public law section
   SEC. 381. DEADLINE FOR DECISION ON APPEALS OF CONSISTENCY DETERMINATION UNDER THE COASTAL ZONE MANAGEMENT ACT OF 1972.   Section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465) is amended to read as follows: “Sec. 319. “APPEALS TO THE SECRETARY (a) Notice.— Not Federal Register, publication. later than 30 days after the date of the filing of an appeal to the Secretary of a consistency determination under section 307, 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 Federal Register, publication. 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 Act; 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 Notices. Federal Register, publication. 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.” .

2 of 3 references resolved to an enrolled provision · 1 partial