Title 43 — Public LandsRelease 119-73

§1345 Coordination and consultation with affected State and local governments

Title 43 › Chapter CHAPTER 29— - SUBMERGED LANDS › Subchapter SUBCHAPTER III— - OUTER CONTINENTAL SHELF LANDS › § 1345

Last updated Apr 6, 2026|Official source

Summary

Governors and local leaders can send the Secretary suggestions about how big, when, or where a planned lease sale will be, or about a proposed development and production plan. Local leaders must first send their suggestions to their Governor. All suggestions must reach the Secretary within 60 days after the notice of the sale or after getting the plan. The Secretary must accept the Governor’s suggestions. The Secretary may accept local leaders’ suggestions if, after consultation, he finds they strike a reasonable balance between the national need for oil and gas and the well‑being of the state’s people. The national interest is judged by the goal of getting oil and gas in a balanced way and the goals and rules in this part of the law. The Secretary must tell the Governor in writing why he accepted or rejected recommendations or used another option. That decision is final unless a court finds it was arbitrary or capricious. The Secretary can make cooperative agreements with affected States to carry out this law and other federal rules. These deals can cover things like sharing information, using expertise together, helping with permits, joint planning and reviews, and joint monitoring for onshore and offshore outer Continental Shelf activities.

Full Legal Text

Title 43, §1345

Public Lands — Source: USLM XML via OLRC

(a)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)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)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)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)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.

Reference

Citations & Metadata

Citation

43 U.S.C. § 1345

Title 43 — Public Lands

Last Updated

Apr 6, 2026

Release point: 119-73