Page:United States Statutes at Large Volume 119.djvu/756

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[119 STAT. 738]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 738]

119 STAT. 738

‘‘(I) any supplemental information specifically requested by the Secretary to complete a consistency review under this Act; 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.’’.

Notices. Federal Register, publication.

16 USC 1466.

PUBLIC LAW 109–58—AUG. 8, 2005

SEC. 382. APPEALS RELATING TO OFFSHORE MINERAL DEVELOPMENT.

For any Federal administrative agency proceeding that is an appeal or review under section 319 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1465), as amended by this Act, related to any Federal authorization for the permitting, approval, or other authorization of an energy project, the lead Federal permitting agency for the project shall, with the cooperation of Federal and State administrative agencies, maintain a consolidated record of all decisions made or actions taken by the lead agency or by another Federal or State administrative agency or officer. Such record shall be the initial record for appeals or reviews under that Act, provided that the record may be supplemented as expressly provided pursuant to section 319 of that Act. SEC. 383. ROYALTY PAYMENTS UNDER LEASES UNDER THE OUTER CONTINENTAL SHELF LANDS ACT.

(a) ROYALTY RELIEF.— (1) IN GENERAL.—For purposes of providing compensation for lessees and a State for which amounts are authorized by section 6004(c) of the Oil Pollution Act of 1990 (Public Law 101–380), a lessee may withhold from payment any royalty due and owing to the United States under any leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1301 et seq.) for offshore oil or gas production from a covered lease tract if, on or before the date that the payment is due and payable to the United States, the lessee makes a payment to the State of 44 cents for every $1 of royalty withheld. (2) TREATMENT OF AMOUNTS.—Any royalty withheld by a lessee in accordance with this section (including any portion thereof that is paid to the State under paragraph (1)) shall be treated as paid for purposes of satisfaction of the royalty obligations of the lessee to the United States. (3) CERTIFICATION OF WITHHELD AMOUNTS.—The Secretary of the Treasury shall— (A) determine the amount of royalty withheld by a lessee under this section; and

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