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LegalText 16 U.S.C. § 1465 Appeals to the Secretary us united_states_code code_section 16 CONSERVATION 33 COASTAL ZONE MANAGEMENT 1465 16 U.S.C. § 1465 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc16@119-100.zip /us/usc/t16/s1465 data/legal/raw/us/code/title-16/usc16.xml 2bebc8c0256dfd86695faa4855ae9e1096b277ebd8fc33f9f5db32dc0a3e23de 7be8950da5a93cac7c98e4576ce00340f2aba5e8e46d29915382c203c421d503 c88e715ef30100375e78d6fb33bde1c90faaa849d4cbfa6674482ee090fba739 2026-07-04 official
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16 U.S.C. § 1465 - Appeals to the Secretary

Text

(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. 89454, title III, § 319, as added Pub. L. 104150, § 8, June 3, 1996, 110 Stat. 1382; amended Pub. L. 10958, title III, § 381, Aug. 8, 2005, 119 Stat. 737.)

Notes

Editorial Notes

References in TextThis 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. 89454 which is classified generally to this chapter, to reflect the probable intent of Congress.

Amendments2005—Pub. L. 10958 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.