Appeals to the Secretary

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. 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. After closing the administrative record, the Secretary shall immediately publish a notice in the Federal Register that the administrative record has been closed. Subject to subparagraph (B), during the 160-day period described in paragraph (1), the Secretary may stay the closing of the decision record— as the Secretary determines necessary to receive, on an expedited basis— The Secretary may only stay the 160-day period described in paragraph (1) for a period not to exceed 60 days. 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. 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.