Page:United States Statutes at Large Volume 92 Part 3.djvu/766

 92 STAT. 3398

PUBLIC LAW 95-621—NOV. 9, 1978 -

... r... ^-g^ deciding if certain n a t u r a l g a s produced from the Outer Continental Shelf qualifies under section 102(d) for the new n a t u r a l gas ceiling price; (C) applying the definition of new, onshore production well under section 103(c); (D) applying the definition of high-cost n a t u r a l gas under section 1 0 7 (c); or (E) applying the definition of stripper well n a t u r a l gas under section 1 0 8 (b); such determination shall be applicable under t h i s Act for such purposes unless such determination is reversed under the provisions of subsection (b) or unless such State or Federal agency has waived its authority under the provisions of subsection (c).

Ante, p. 3358. Ante, p. 3361. . oq/:z; '^ Ante, p. 3367. i;

(2)

NOTICE TO COMMISSION.—Any Federal or State

agency

making a determination under paragraph (1) shall provide timely notice m writing of such determination to the Commission. Such notice shall include such substantiation and be i n such a manner as the Commission may, by rule, require, (b) COMMISSION R E VI E W. — (1) AUTHORITY TO REVIEW AND REVERSE.—The Commission shall

reverse any final State or Federal agency determination described in subsection (a) if— (A) it makes a finding that such determination is not supported by substantial evidence i n the record upon which such determination was m a d e; and (B) such preliminary finding and notice thereof under paragraph (3) is made within 45 days after the date on which the Commission received notice of such determination under subsection (a)(2) and the final such finding is made within 120 days after the date of the preliminary finding.

j<rrp« !. i

(2) R E M A N D ON BASIS OF COMMISSION INFORMATION.—If—

(A) the Commission finds that a State or Federal agency determination is not consistent with information contained in the public records of the Commission, and which is not part of the record upon which such determination was m a d e; and (B) such preliminary finding and notice thereof under paragraph (3) is made within 45 days after the date on which the Commission received notice of such determination under subsection (a)(2) and the final such finding is made within 120 days after the date of the preliminary finding, it may remand the matter to such State or Federal agency for consideration of such information. I f such agency, after consideration of the information transmitted to it by the Commission, affirms its previous determination, such determination, as so affirmed, shall be subject to review i n accordance with this subsection (other than this paragraph). (3) NOTICE.—The Commission shall provide notice of any proposed finding under this subsection to the State or Federal agency which made such determination and those parties identiin the notice to the Commission of such determination.

^f,H -,

5

.« i.

} ^:

...

fied ' '

^,,

(4) JUDICIAL REVIEW OF COMMISSION ACTIONS.—

'

(A) REMANDS.—Any party identified i n the notice to the Commission of a determination by a State or Federal agency may obtain review of any final decision by the Commission to remand under paragraph (2) in the United States Court

�