16 U.S.C. § 1465 : US Code - Section 1465: Appeals to the Secretary

Search 16 U.S.C. § 1465 : US Code - Section 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, 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) of
this section, 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.