§ 1345. — Coordination and consultation with affected State and local governments.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC1345]
TITLE 43--PUBLIC LANDS
CHAPTER 29--SUBMERGED LANDS
SUBCHAPTER III--OUTER CONTINENTAL SHELF LANDS
Sec. 1345. Coordination and consultation with affected State and
local governments
(a) Recommendations regarding size, time, or location of proposed lease
sales
Any Governor of any affected State or the executive of any affected
local government in such State may submit recommendations to the
Secretary regarding the size, timing, or location of a proposed lease
sale or with respect to a proposed development and production plan.
Prior to submitting recommendations to the Secretary, the executive of
any affected local government in any affected State must forward his
recommendations to the Governor of such State.
(b) Time for submission of recommendations
Such recommendations shall be submitted within sixty days after
notice of such proposed lease sale or after receipt of such development
and production plan.
(c) Acceptance or rejection of recommendations
The Secretary shall accept recommendations of the Governor and may
accept recommendations of the executive of any affected local government
if he determines, after having provided the opportunity for
consultation, that they provide for a reasonable balance between the
national interest and the well-being of the citizens of the affected
State. For purposes of this subsection, a determination of the national
interest shall be based on the desirability of obtaining oil and gas
supplies in a balanced manner and on the findings, purposes, and
policies of this subchapter. The Secretary shall communicate to the
Governor, in writing, the reasons for his determination to accept or
reject such Governor's recommendations, or to implement any alternative
means identified in consultation with the Governor to provide for a
reasonable balance between the national interest and the well-being of
the citizens of the affected State.
(d) Finality of acceptance or rejection of recommendations
The Secretary's determination that recommendations provide, or do
not provide, for a reasonable balance between the national interest and
the well-being of the citizens of the affected State shall be final and
shall not, alone, be a basis for invalidation of a proposed lease sale
or a proposed development and production plan in any suit or judicial
review pursuant to section 1349 of this title, unless found to be
arbitrary or capricious.
(e) Cooperative agreements
The Secretary is authorized to enter into cooperative agreements
with affected States for purposes which are consistent with this
subchapter and other applicable Federal law. Such agreements may
include, but need not be limited to, the sharing of information (in
accordance with the provisions of section 1352 of this title), the joint
utilization of available expertise, the facilitating of permitting
procedures, joint planning and review, and the formation of joint
surveillance and monitoring arrangements to carry out applicable Federal
and State laws, regulations, and stipulations relevant to outer
Continental Shelf operations both onshore and offshore.
(Aug. 7, 1953, ch. 345, Sec. 19, as added Pub. L. 95-372, title II,
Sec. 208, Sept. 18, 1978, 92 Stat. 652.)
