
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.)
