Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - 16 U.S.C. § 1465 - U.S. Code - Unannotated Title 16. Conservation § 1465. Appeals to the Secretary - last updated January 01, 2024 | https://codes.findlaw.com/us/title-16-conservation/16-usc-sect-1465/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)