---
kind: "section"
citation: "16 U.S.C. § 1465"
title: "16"
title_heading: "Conservation"
number: "1465"
heading: "Appeals to the Secretary"
release: "119-102"
url: "https://uscodex.org/usc/16/1465"
units:
  - "Chapter 33 — Coastal Zone Management"
---

# §1465. Appeals to the Secretary

- (a) **Notice—** Not later than 30 days after the date of the filing of an appeal to the [Secretary](/usc/16/1453.md?p=16) of a consistency determination under [section 1456 of this title](/usc/16/1456.md), the [Secretary](/usc/16/1453.md?p=16) 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)](#a), except as provided in [paragraph (3)](#b-3), the [Secretary](/usc/16/1453.md?p=16) shall immediately close the decision record and receive no more filings on the appeal.
  - (2) **Notice—** After closing the administrative record, the [Secretary](/usc/16/1453.md?p=16) 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)](#b-3-B), during the 160-day period described in [paragraph (1)](#b-1), the [Secretary](/usc/16/1453.md?p=16) may stay the closing of the decision record—
      - (i) for a specific period mutually agreed to in writing by the appellant and the [State](/usc/16/590q.md?p=a) agency; or
      - (ii) as the [Secretary](/usc/16/1453.md?p=16) determines necessary to receive, on an expedited basis—
        - (I) any supplemental information specifically requested by the [Secretary](/usc/16/1453.md?p=16) 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](/usc/16/1453.md?p=16) may only stay the 160-day period described in [paragraph (1)](#b-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](/usc/16/1453.md?p=16) 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](/usc/16/1453.md?p=16) shall issue a decision.

## Source credit

(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.)

## Notes

### Editorial Notes

### References in Text

This 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. 89–454 which is classified generally to this chapter, to reflect the probable intent of Congress.

### Amendments

2005—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.